Terms And Conditions
Gardeners Bermondsey Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Bermondsey provides gardening and related services to its customers in the United Kingdom. By making a booking, using our services or allowing our gardeners access to your property, you agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to all domestic and commercial customers unless otherwise agreed in writing. If you do not agree with any part of these terms, you should not book or use our services.
Definitions
In these Terms and Conditions, the following expressions have the meanings given below:
Customer means the person, business or organisation requesting or receiving services from Gardeners Bermondsey.
Services means gardening, garden maintenance, clearance, soft landscaping, and any other services provided by Gardeners Bermondsey as agreed with the Customer.
Property means the location at which the Services are to be carried out.
Contract means the agreement between Gardeners Bermondsey and the Customer incorporating these Terms and Conditions and any written quotation or confirmation of booking.
Bookings and Service Agreements
All bookings are subject to availability and acceptance by Gardeners Bermondsey. We reserve the right to decline any booking at our discretion.
A booking may be made by the Customer via our online enquiry form, written correspondence or other agreed communication channels. A binding Contract is formed when we confirm acceptance of your booking and provide confirmation of the date, time and scope of the Services.
For larger projects or ongoing maintenance, we may provide a written quotation outlining the proposed Services, estimated time, and the applicable charges. Quotations will normally be valid for a limited period, which will be stated in the quotation. If no validity period is stated, quotations will be valid for 30 days from the date of issue.
Any changes to the agreed Services, including additional work requested on the day of service, are subject to our approval and may incur additional charges. Where possible, we will explain and agree any changed charges with you before proceeding.
The Customer is responsible for providing accurate information about the Property, access, parking, and any particular requirements or restrictions relevant to the Services. If the information provided is incomplete or inaccurate, we may adjust the price or refuse to provide some or all of the Services.
Access to the Property
The Customer must ensure that we and our gardeners have safe and reasonable access to the Property at the agreed time. This includes access through gates, communal areas, or other shared spaces where necessary.
If we are unable to gain access to the Property at the agreed time, or if access is unsafe or obstructed, we may charge a call out fee or a proportion of the agreed service price to cover our costs, including travel and lost time.
The Customer is responsible for informing neighbours, building managers, or other relevant parties where access arrangements may affect them.
Customer Obligations
The Customer must ensure that the Property is reasonably prepared for the Services. This may include removing personal items, garden furniture, or obstacles that would prevent us from working safely and efficiently.
The Customer must inform us in advance of any hazards or particular risks at the Property, including uneven ground, fragile structures, ponds, cables, pipes, or any features hidden beneath vegetation that could pose a risk to people or equipment.
If pets are present at the Property, the Customer must ensure that they are kept secure and away from the work area during the Services. We accept no liability for injury to pets arising from failure to control them or from interference with tools, equipment, or materials.
Scope and Quality of Services
We will provide the Services with reasonable care and skill, in accordance with generally accepted standards for gardening and garden maintenance services in the UK.
Where we provide advice or recommendations on plants, materials, or maintenance, such advice is given in good faith based on our experience and the information available. However, the long term performance of plants and gardens can be affected by factors beyond our control, including weather conditions, soil quality, pests, and the Customer’s maintenance regime. We cannot guarantee plant survival, growth, or particular aesthetic results unless expressly agreed in writing.
We reserve the right to use our professional judgment in the selection of tools, methods, and safe working practices in order to deliver the Services effectively and with minimal risk.
Pricing and Payments
Charges for the Services may be based on an hourly rate, a fixed price, or a project price, as agreed with the Customer. All prices will be communicated to the Customer before the Services commence, either through a quotation or booking confirmation.
Unless expressly stated otherwise, all prices are in pounds sterling and inclusive of any applicable taxes. If any taxes change between the date of booking and the date of service, we may adjust the price accordingly.
Payment terms will be confirmed at the time of booking or in the quotation. We may require a deposit for larger projects, special orders, or initial visits. Deposits are normally non refundable once we have committed resources, materials, or specialist bookings for your project.
For one off visits, payment is usually due on the day of service or within a specified period after the invoice date. For ongoing maintenance contracts, we may invoice at regular intervals or on a per visit basis. The specific payment schedule will be stated in our confirmation or invoice.
We accept payment by commonly used methods in the UK, as specified in our invoices or communications. The Customer is responsible for ensuring payment is made on time and in full. If payment is not received by the due date, we reserve the right to charge interest on overdue amounts at the statutory rate and to suspend or cancel future Services until the account is settled.
Cancellations and Rescheduling
The Customer may cancel or reschedule a booking by providing reasonable notice. Our standard minimum notice period for cancellation or rescheduling is 48 hours before the scheduled visit time.
If you cancel or request to reschedule with less than 48 hours notice, we may charge a cancellation fee or a proportion of the agreed service price to cover our costs and lost time. For same day cancellations or failure to provide access when we attend, we reserve the right to charge up to 100 percent of the service price.
For larger projects requiring special order materials or allocated staff over multiple days, separate cancellation terms may apply and will be outlined in your quotation or booking confirmation.
We may need to cancel or reschedule Services due to adverse weather conditions, staff illness, safety concerns, or circumstances beyond our reasonable control. In such cases, we will aim to give you as much notice as possible and arrange an alternative date. We will not be liable for any loss arising from such cancellations, but any deposits for the affected visit will either be applied to the rearranged date or, where appropriate, refunded.
Weather and Safety Conditions
Gardening work is often weather dependent. We reserve the right to delay, adjust, or cancel work if weather conditions make it unsafe or impractical to proceed, for example in high winds, storms, extreme temperatures, or heavy rain.
Our gardeners will assess safety on arrival and throughout the visit. If they consider conditions unsafe, they may stop work and either wait for an improvement or arrange a new appointment, depending on the situation.
Garden Waste and Environmental Regulations
We comply with applicable UK regulations regarding the collection, transport, and disposal of green garden waste and other materials arising from our Services.
Unless explicitly included in the quoted price, the removal and disposal of garden waste is an additional service and may incur extra charges. We will explain your options, which may include leaving waste neatly bagged or piled on site for your own disposal, or arranging licensed removal and disposal by us or a third party.
Certain materials such as soil, rubble, treated timber, plastics, metal, or hazardous substances may require special handling or disposal. Additional charges may apply where such materials are present. We do not handle or dispose of hazardous or controlled waste such as asbestos, chemicals, or contaminated materials.
The Customer is responsible for ensuring that any instructions given regarding waste disposal are lawful and that any skips or waste containers placed on or near the Property comply with local regulations.
Liability and Limitations
We will take reasonable care to avoid damage to your Property and possessions while carrying out the Services. However, minor damage to turf, borders, or existing garden features may be unavoidable where access is limited or where heavy equipment is necessary. We will aim to minimise such impacts and will not be liable for reasonable wear and tear associated with gardening activities.
If damage occurs due to our negligence, we will at our option either repair the damage, replace the affected item, or offer a fair monetary compensation. Any claim for damage must be reported to us as soon as reasonably possible and in any event within 7 days of the relevant visit.
We are not liable for:
Loss or damage arising from inaccurate or incomplete information provided by the Customer.
Loss or damage resulting from pre existing defects, weakness, or conditions at the Property, including diseased trees, unstable structures, or hidden obstructions.
Any indirect or consequential loss, loss of profits, loss of enjoyment, or loss of business arising from the provision or non provision of the Services.
Our total liability to the Customer for any claim arising out of or in connection with the Contract will be limited to the total amount paid or payable by the Customer for the Services giving rise to the claim, except where liability cannot be limited by law.
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under UK law.
Insurance
We maintain appropriate public liability insurance and, where applicable, employer liability insurance for the type of gardening services we provide. Evidence of insurance can be made available on reasonable request.
Complaints and Disputes
If you are dissatisfied with any aspect of our Services, you should contact us as soon as possible so that we can seek to resolve the issue. Many issues can be addressed quickly if raised promptly while our gardeners are still on site or shortly after the visit.
We may ask for photographs or a written description of the issue to help us understand the problem. Where appropriate, we may arrange a revisit to inspect the work and, if we agree that the Services were not provided with reasonable care and skill, we will at our discretion re perform the Services or offer a partial refund.
If a dispute cannot be resolved directly between us, both parties agree to attempt to resolve the matter through informal negotiation before considering legal action.
Changes to Terms and Conditions
We may update these Terms and Conditions from time to time to reflect changes in our business practices, legal requirements, or the services we offer. The version of the Terms and Conditions that applies to your booking will normally be the version in force at the time your booking is confirmed.
We recommend that you review these Terms and Conditions periodically if you are a regular or long term customer.
Governing Law and Jurisdiction
These Terms and Conditions, and any Contract between Gardeners Bermondsey and the Customer, are governed by and interpreted in accordance with the laws of England and Wales.
Any disputes arising from or in connection with these Terms and Conditions or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.
General Provisions
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision will be removed or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
No failure or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy, and any single or partial exercise of a right or remedy will not prevent any further exercise of that or any other right or remedy.
The Contract is between Gardeners Bermondsey and the Customer. No other person shall have any rights to enforce any of its terms under the Contracts Rights of Third Parties Act 1999 or otherwise.
By booking or using the services of Gardeners Bermondsey, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
