Gardeners Custom House Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Custom House provides gardening and related services to residential and commercial clients. By booking or using our services, 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 definitions apply:

1.1 Company, we, us or our refers to Gardeners Custom House as the provider of gardening services.

1.2 Client, you or your refers to the person, firm or organisation booking or receiving the services.

1.3 Services refers to any gardening, garden maintenance, clearance, landscaping, lawn care, hedge trimming, planting, or related services provided by the Company.

1.4 Agreement refers to the contract between the Company and the Client for the provision of Services in accordance with these Terms and Conditions.

2. Scope of Services

2.1 The Company offers a range of gardening and outdoor maintenance services, which may include but are not limited to lawn mowing, weeding, pruning, hedge cutting, planting, garden tidy-ups, garden waste removal in accordance with regulations, seasonal maintenance and other related services as agreed with the Client.

2.2 The precise scope of Services for each booking will be agreed in advance between the Company and the Client, either as a one-off visit or as part of a regular maintenance schedule.

2.3 Any description, photograph or illustration of Services or results is for guidance only. Actual results may vary depending on the condition of the garden, weather, soil type and other factors.

3. Booking Process

3.1 A booking is made when the Client contacts the Company to request Services and the Company confirms acceptance of the booking and the proposed date and time. Confirmation may be given verbally or in writing.

3.2 The Client must provide accurate and complete information about the property, garden size, access, parking, and the Services required at the time of booking. Failure to do so may result in additional charges or the booking being cancelled on arrival.

3.3 Bookings are subject to availability. The Company does not guarantee the availability of any specific date or time until it has issued a booking confirmation.

3.4 For larger or more complex projects, the Company may carry out a site visit and provide a written quotation before confirming the booking. The quotation will set out the scope of Services, estimated timeframes, and charges. Acceptance of the quotation constitutes agreement to these Terms and Conditions.

3.5 The Company reserves the right to refuse or cancel a booking if it reasonably believes that the job is unsafe, unlawful, or not suitable for the Services offered, or if the Client has previously breached these Terms and Conditions.

4. Access and Client Obligations

4.1 The Client must ensure that the Company and its gardeners have safe and reasonable access to the property and all areas of the garden where work is to be carried out.

4.2 The Client is responsible for providing any necessary access codes, keys or permission required to enter the property or communal areas. If access cannot be gained at the agreed time, the visit may be treated as a late cancellation and charges may apply.

4.3 The Client must inform the Company of any known hazards, restrictions, underground services, or fragile features within the garden, such as shallow pipes, hidden cables, ponds, or protected plants.

4.4 Children and pets should be kept away from the working area during the provision of Services. The Company accepts no liability for injury or damage arising from failure to comply with this requirement.

5. Equipment and Materials

5.1 Unless otherwise agreed, the Company will supply its own tools, machinery and standard gardening equipment necessary to perform the Services.

5.2 The Company may, at its discretion, agree to use equipment or materials provided by the Client. In such cases, the Company does not accept responsibility for the performance or safety of that equipment or those materials.

5.3 Any specific plants, materials, aggregates, fertilisers or products requested by the Client may be charged in addition to labour, and may require advance payment.

6. Pricing and Payments

6.1 Prices for Services may be based on an hourly rate, a fixed price for the job, or a regular maintenance fee, as agreed with the Client at the time of booking or quotation.

6.2 All prices will be communicated before the commencement of work. If additional work is requested or required that was not included in the initial agreement, the Company will seek the Client’s approval for any extra charges before proceeding.

6.3 Unless otherwise agreed, payment is due on completion of the Services on the day of the visit. For ongoing maintenance contracts or larger projects, the Company may require deposits, staged payments, or payment in advance.

6.4 Accepted methods of payment will be communicated to the Client prior to or at the time of booking. Cash payments, where accepted, should be made directly to a representative of the Company and a receipt will be issued upon request.

6.5 If payment is not received by the agreed due date, the Company reserves the right to suspend Services and charge interest on overdue amounts at the statutory rate permitted under UK law until payment is made in full.

7. Cancellations and Rescheduling

7.1 The Client may cancel or reschedule a booking by giving the Company not less than 24 hours notice before the scheduled start time.

7.2 If the Client cancels or reschedules with less than 24 hours notice, the Company may charge a cancellation fee, which may be up to the full amount of the scheduled visit, to cover lost time and administrative costs.

7.3 If the Company needs to cancel or reschedule a booking due to unforeseen circumstances such as illness, severe weather, equipment failure or other events beyond its reasonable control, it will notify the Client as soon as practicable and offer an alternative date and time. The Company will not be liable for any loss incurred by the Client as a result of such cancellation or rescheduling.

7.4 Where a deposit has been taken for a specific project and the Client cancels the work without a valid reason under consumer law, the Company reserves the right to retain part or all of the deposit to cover its costs and loss of business.

8. Service Standards and Complaints

8.1 The Company aims to provide Services with reasonable skill and care, in line with good industry practice for gardening and outdoor maintenance.

8.2 If the Client is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible, and in any event within 48 hours of completion of the visit, so that the matter can be investigated.

8.3 Where a complaint is justified, the Company may, at its discretion, offer to rectify the work, provide a partial refund, or take other appropriate steps to resolve the issue. This shall be the Client’s sole and exclusive remedy in respect of any defective Services.

9. Waste Regulations and Disposal

9.1 The Company will always seek to manage garden waste in a lawful and environmentally responsible manner, in accordance with applicable UK waste regulations.

9.2 Unless otherwise agreed, the Company will collect and bag green garden waste generated by its work and, where feasible, place it in the Client’s own garden waste bin or compost area.

9.3 If the Client requests the removal and disposal of garden waste from the property, an additional charge may apply to cover transport, disposal fees and handling in line with waste legislation.

9.4 The Company does not remove hazardous waste, contaminated soil, asbestos, chemicals, or any materials classified as controlled or special waste under UK regulations.

9.5 The Client is responsible for ensuring that any waste that remains on the property after the visit is stored and disposed of in compliance with local council regulations and national waste laws.

10. Health and Safety

10.1 The Company will take reasonable steps to ensure that all work is carried out safely and in accordance with relevant health and safety requirements.

10.2 The Client must not request the Company to undertake any task that is unsafe, unlawful, or beyond the competence or equipment of the gardeners. The Company may refuse to carry out any work it reasonably deems to be unsafe.

10.3 Power tools and machinery used by the Company must not be touched or operated by the Client or third parties. The Company accepts no responsibility for any injury or damage caused by unauthorised use.

11. Liability and Insurance

11.1 The Company will exercise reasonable care in providing the Services and will maintain appropriate public liability insurance as required by law.

11.2 Nothing in these Terms and Conditions limits or excludes the Company’s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be limited or excluded under UK law.

11.3 Subject to clause 11.2, the Company’s total liability to the Client for any loss or damage arising out of or in connection with the provision of Services, whether in contract, tort or otherwise, shall be limited to the total price paid or payable by the Client for the relevant Services.

11.4 The Company shall not be liable for any indirect, consequential or economic loss, including loss of profits, loss of enjoyment, loss of opportunity or loss of value of the property.

11.5 The Company is not responsible for pre-existing damage, defects, or weaknesses in the Client’s property, plants, fences, structures, patios, utilities or any other features, whether visible or hidden.

11.6 The Client is responsible for ensuring that any valuable, delicate or irreplaceable items within the garden or access areas are removed or adequately protected before the Services commence. The Company cannot accept liability for damage to items that should reasonably have been removed or safeguarded by the Client.

12. Plants, Lawns and Garden Conditions

12.1 Gardening outcomes, including plant growth, lawn condition and overall garden appearance, depend on many factors beyond the Company’s control, including weather, soil type, pests, diseases, watering and ongoing maintenance by the Client.

12.2 While the Company will take reasonable care of plants and lawns while carrying out Services, it cannot guarantee survival, growth rate or long-term condition.

12.3 Any advice provided regarding plant selection, positioning or maintenance is given in good faith but does not constitute a guarantee of specific results.

13. Property Damage and Loss

13.1 The Client must report any alleged damage to property caused by the Company’s Services as soon as reasonably practicable, and in any event within 48 hours of the visit, so that the matter can be investigated.

13.2 The Company may inspect the alleged damage and, if it accepts responsibility, may arrange repair, replacement or a reasonable contribution towards the cost, subject to the liability limits set out in these Terms and Conditions.

14. Force Majeure

14.1 The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any event or circumstance beyond its reasonable control, including but not limited to extreme weather, natural disasters, acts of government, labour disputes, pandemics, or disruption of transport or utilities.

14.2 In such circumstances, the Company may suspend or reschedule Services without liability to the Client.

15. Data Protection and Privacy

15.1 The Company may collect and hold personal data about the Client such as name, address, and service details for the purpose of managing bookings, delivering Services and administering the business.

15.2 The Company will handle personal data in accordance with applicable UK data protection laws and will take reasonable steps to protect personal information from unauthorised access or disclosure.

16. Amendments to Terms and Conditions

16.1 The Company reserves the right to update or amend these Terms and Conditions from time to time to reflect changes in the law, business practice, or the nature of the Services offered.

16.2 The version of the Terms and Conditions in force at the time of the Client’s booking will apply to that booking, unless a change is required by law or regulatory authority.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales.

17.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or the provision of Services by the Company.

18. General Provisions

18.1 If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall be deemed deleted, but the remaining provisions shall continue in full force and effect.

18.2 No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that right or remedy.

18.3 The Agreement is between the Company and the Client only. No other person shall have any rights to enforce any of its terms.

18.4 These Terms and Conditions, together with any written quotation or booking confirmation, constitute the entire agreement between the parties and supersede any prior discussions or understandings relating to the Services.