Gardeners West Kensington Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners West Kensington provides professional gardening services. By booking or receiving any service, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means any individual, company or organisation that requests or receives gardening services from Gardeners West Kensington.
Services means any gardening, lawn care, hedge trimming, planting, garden clearance, maintenance, or related services carried out by Gardeners West Kensington.
Appointment means a scheduled date and time agreed between the Client and Gardeners West Kensington for the provision of Services.
Terms means these Service Terms and Conditions, as updated from time to time.
2. Scope of Services
Gardeners West Kensington provides gardening and outdoor maintenance services within West Kensington and surrounding areas. The precise scope of the Services for each Client will be agreed at the time of booking, based on the description provided by the Client and any subsequent site assessment.
Services may include, but are not limited to, lawn mowing, edging, weeding, hedge cutting, pruning, planting, leaf clearance, general garden tidying, seasonal garden care, and garden waste handling in accordance with applicable local regulations.
Any additional work outside the originally agreed scope may be subject to extra charges and must be authorised by the Client before commencement.
3. Booking Process
3.1 Booking requests
Clients may request an Appointment by contacting Gardeners West Kensington and providing accurate information about the property, garden size, required Services, access, and any specific instructions. Gardeners West Kensington may request photographs or further details to assess the job before confirming a booking.
3.2 Appointment confirmation
An Appointment is only confirmed when Gardeners West Kensington accepts the booking and provides confirmation. Confirmation may include the date, approximate arrival window, estimated duration, and applicable charges or rate structure.
3.3 Site access
The Client is responsible for ensuring safe and adequate access to the property and garden at the agreed Appointment time. This includes unlocking gates, arranging parking where necessary, and informing Gardeners West Kensington of any access codes or security procedures. If access is not available on arrival and the work cannot be carried out, a call-out or cancellation fee may apply.
3.4 Estimates and quotations
Any estimates or quotations provided before inspection of the property are based on information supplied by the Client and are not binding if the actual conditions differ materially. In such cases, Gardeners West Kensington will inform the Client of any change to pricing before commencing work, and the Client may accept or decline the revised proposal.
4. Payments and Charges
4.1 Pricing
Services may be charged on a fixed fee or hourly rate basis, as communicated to the Client at the time of booking or quotation. Prices may vary depending on the size and condition of the garden, the type of work required, the number of gardeners needed, equipment used, and any waste disposal requirements.
4.2 Payment terms
Unless otherwise agreed in writing, payment is due on completion of each Appointment. Gardeners West Kensington may accept various payment methods, which will be advised to the Client at the time of booking or invoice. For ongoing regular maintenance contracts, different billing cycles may be agreed, such as weekly or monthly invoicing.
4.3 Deposits
For larger projects or multi-day jobs, Gardeners West Kensington may require a deposit prior to commencing work. The amount and timing of any deposit will be notified to the Client in advance. Work may be postponed or cancelled if the requested deposit is not received by the agreed deadline.
4.4 Late payment
If the Client fails to pay any sum due by the required date, Gardeners West Kensington reserves the right to charge reasonable interest and administrative fees in accordance with applicable law. Continued non-payment may result in suspension of further Services and may lead to recovery action for outstanding amounts.
5. Cancellations, Rescheduling and Delays
5.1 Client cancellations
If the Client wishes to cancel or reschedule an Appointment, they must provide reasonable notice. Gardeners West Kensington may specify a minimum notice period for cancellations or changes. If adequate notice is not given, a cancellation fee or charge for the missed visit may be applied to cover time and travel costs.
5.2 Company cancellations
Gardeners West Kensington reserves the right to cancel or reschedule an Appointment due to unforeseen circumstances, such as staff illness, vehicle breakdown, adverse weather conditions, safety concerns, or other events beyond its control. In such cases, Gardeners West Kensington will offer the Client an alternative Appointment as soon as reasonably possible.
5.3 Weather conditions
Some gardening tasks cannot be performed safely or effectively in certain weather conditions, such as heavy rain, storms, or extreme temperatures. Gardeners West Kensington may decide to postpone work in such circumstances and will arrange a new Appointment with the Client.
5.4 Delays and arrival windows
Arrival times are given as approximate windows, and while Gardeners West Kensington aims to be punctual, delays can occur due to traffic, preceding jobs overrunning, or other external factors. The Client will be informed of significant delays where possible, and Gardeners West Kensington will endeavour to minimise any inconvenience.
6. Client Obligations
6.1 Safety and environment
The Client must ensure that the garden and surrounding areas are reasonably safe for work. This includes securing pets, informing Gardeners West Kensington of any hazards such as unstable structures, sharp objects, ponds, exposed cables, or chemical treatments, and ensuring that any relevant health and safety information is provided in advance.
6.2 Utilities and facilities
The Client agrees to provide access to necessary utilities where required, such as outdoor water supply and electricity outlets, unless otherwise agreed. The Client must also ensure that there is adequate lighting and that any shared areas or neighbouring properties are respected during the provision of Services.
6.3 Property access and keys
If keys or access codes are provided to Gardeners West Kensington for the purpose of attending the property when the Client is not present, the Client confirms that they are authorised to grant such access. Gardeners West Kensington will take reasonable care of any keys or codes, but accepts no responsibility for pre-existing security issues or defects.
7. Standards of Work
7.1 Reasonable skill and care
Gardeners West Kensington agrees to perform the Services with reasonable skill and care, in a professional manner and in accordance with commonly accepted standards for garden maintenance in the local area.
7.2 Plants and living materials
While every effort is made to care for plants, lawns and shrubs, living materials can be affected by weather, soil conditions, pests, diseases, and the Client's ongoing maintenance. Gardeners West Kensington cannot guarantee the long-term survival or performance of any plants, turf or seeds once the Service is completed and ongoing care is outside its control.
7.3 Complaints
If the Client is dissatisfied with any aspect of the Service, they should notify Gardeners West Kensington as soon as possible, ideally within 48 hours of the Appointment. Gardeners West Kensington will investigate the issue and, if appropriate, may offer to rectify or repeat part of the work at no additional charge, or propose another reasonable solution. This does not affect any statutory rights the Client may have under applicable law.
8. Garden Waste and Environmental Regulations
8.1 Waste handling
Gardeners West Kensington will handle garden waste in accordance with relevant waste and environmental regulations. This may include the collection, bagging, and removal of grass cuttings, leaves, branches, and other organic material, subject to any charges that have been agreed with the Client.
8.2 Waste disposal charges
Removal and disposal of significant quantities of garden waste may incur additional fees, which will be discussed and confirmed in advance wherever possible. If the Client prefers, waste may be left on site in a designated area or placed in appropriate bins, as agreed during the booking or on arrival.
8.3 Prohibited materials
Gardeners West Kensington will not remove or dispose of hazardous or non-garden waste, including but not limited to asbestos, chemicals, paint, construction rubble, household rubbish, electrical items, or sharp or dangerous objects not related to standard gardening activities.
8.4 Recycling and environmental practices
Where practical, Gardeners West Kensington aims to follow environmentally responsible practices, such as recycling green waste through authorised facilities and using methods that minimise harm to local wildlife and the wider environment, subject to the requirements of each specific job.
9. Liability and Insurance
9.1 Liability for damage
Gardeners West Kensington will take reasonable care to avoid damage to the Client's property and possessions while performing the Services. The Client must inform Gardeners West Kensington of any features that may be susceptible to damage, such as delicate plants, irrigation systems, cables, decorative items, or underground services. Gardeners West Kensington will not be liable for damage arising from information that was not disclosed or from concealed hazards.
9.2 Exclusions and limitations
To the fullest extent permitted by law, Gardeners West Kensington shall not be liable for any indirect, consequential, or purely economic loss arising from the performance or non-performance of the Services. Liability for direct loss or damage to property caused by negligence of Gardeners West Kensington shall, where permitted by law, be limited to a reasonable amount, having regard to the value of the Services provided and any relevant insurance coverage.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot legally be excluded.
9.3 Insurance
Gardeners West Kensington maintains appropriate insurance cover for the nature of its gardening work. Particulars of insurance may be made available to Clients on reasonable request.
10. Property and Ownership of Materials
10.1 Materials supplied
Any plants, turf, soil, compost, mulches, fixtures, or other materials supplied and installed by Gardeners West Kensington remain the property of Gardeners West Kensington until fully paid for. If payment is not received, Gardeners West Kensington may remove unfixed materials where lawful and reasonable to do so.
10.2 Tools and equipment
All tools, machinery, and equipment brought to the property by Gardeners West Kensington remain its property at all times. The Client agrees not to use, borrow or interfere with such equipment without express permission.
11. Data Protection and Privacy
11.1 Client information
Gardeners West Kensington will collect and use personal data such as the Client's name, address, and contact details solely for the purposes of managing bookings, providing Services, handling payments, and responding to enquiries or complaints, in accordance with applicable data protection law.
11.2 Confidentiality
Reasonable steps will be taken to keep Client information secure and confidential. Information will not be sold to third parties. It may be shared with service providers or insurers where necessary to deliver the Services or comply with legal obligations.
12. Termination of Services
12.1 Ongoing maintenance contracts
Where the Client has agreed to regular or ongoing gardening maintenance, either party may terminate the arrangement by giving reasonable notice, unless a different notice period has been agreed in writing. Any outstanding sums for Services already provided remain payable.
12.2 Termination for breach
Gardeners West Kensington may terminate or suspend Services immediately if the Client commits a serious breach of these Terms, engages in abusive or unsafe behaviour, or repeatedly fails to provide access or payment. The Client may terminate if Gardeners West Kensington commits a serious breach and fails to rectify it within a reasonable time after being notified.
13. Amendments to Terms
Gardeners West Kensington may update or amend these Terms from time to time to reflect changes in law, business practices, or the nature of the Services. The latest version of the Terms will apply to bookings made after any changes take effect. Continuing to use the Services after being informed of updated Terms will be treated as acceptance of those changes.
14. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, or with the provision of gardening services by Gardeners West Kensington, shall be governed by and construed in accordance with the laws of England and Wales.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from or related to these Terms or the Services provided, without prejudice to any mandatory legal rights the Client may have under consumer protection legislation.
15. General Provisions
15.1 Severability
If any provision of these Terms is found by a court or competent authority to be invalid or unenforceable, that provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
15.2 No waiver
Any failure or delay by Gardeners West Kensington to exercise any right or remedy under these Terms shall not constitute a waiver of that or any other right or remedy.
15.3 Entire agreement
These Terms, together with any agreed quotation or written confirmation, constitute the entire agreement between Gardeners West Kensington and the Client in relation to the provision of the Services, and supersede any prior discussions or representations.
By booking or receiving gardening services from Gardeners West Kensington, the Client confirms that they have read, understood and agree to these Terms and Conditions.
