Gardeners Westminster Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Westminster provides gardening and related services. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.
1. Definitions and Interpretation
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means any individual, company or organisation that requests, books or receives services from Gardeners Westminster.
Services means any gardening, garden maintenance, landscaping, clearance, waste removal, consultation, or other related services supplied by Gardeners Westminster to the Client.
Site means the garden, land or premises where the Services are to be provided.
Agreement means the contract between Gardeners Westminster and the Client comprising these Terms and Conditions and any written or verbal confirmation of booking, quotation, or scope of work.
Quotation means the proposed price and description of Services provided by Gardeners Westminster to the Client prior to acceptance of a booking.
Working Day means any day other than Saturday, Sunday or public holidays in England.
2. Scope of Services
Gardeners Westminster provides domestic and commercial gardening and related services within its operational area. The specific scope of the Services for each booking will be agreed with the Client in advance, either through a Quotation, schedule of work, or written or verbal confirmation.
Any descriptions of services on our promotional materials are indicative only. The actual services, timing and methods used will depend on the Site conditions, access, safety considerations, weather, and the Client's specific requirements as agreed.
We reserve the right to decline work that we reasonably consider to be unsafe, unlawful, unsuitable for our expertise, or beyond the originally agreed scope unless a revised agreement is reached.
3. Booking Process
3.1 Initial enquiry
Clients may submit an enquiry to request gardening services and provide relevant information about the Site and the work required. Following an enquiry, we may request additional details, including photographs or a Site visit, to assess the work.
3.2 Quotations
Where appropriate, we will issue a Quotation outlining the proposed Services, estimated duration, and price structure. Quotations are based on the information available at the time and may be subject to change if the actual Site conditions differ significantly from those described or observed.
Unless otherwise stated, Quotations are valid for 30 days from the date of issue. After this period, we may review and update the Quotation before accepting a booking.
3.3 Acceptance of booking
A booking is confirmed when the Client accepts our Quotation or our proposed rate verbally or in writing, and we confirm the appointment date and time. Acceptance may also occur when the Client allows our team to commence work at the Site in accordance with our communicated rates and terms.
By confirming a booking, the Client warrants that they have the authority to enter into this Agreement and to grant access to the Site.
3.4 Changes to bookings
Requests to change the date, time, or scope of a booking must be made as early as reasonably possible. We will use reasonable efforts to accommodate changes, but this cannot be guaranteed. Changes may affect the price and duration of the Services. Any revised price will be discussed and agreed with the Client before the additional work is carried out.
4. Access to Site and Client Obligations
The Client must ensure that Gardeners Westminster has safe and reasonable access to the Site for the duration of the Services, including access to relevant outdoor areas, gates, and any shared spaces that need to be used.
The Client is responsible for:
Ensuring that the Site is free from hazards that could cause injury or damage, including but not limited to unsecured pets, hazardous substances, hidden obstructions, and unstable structures.
Disclosing any relevant information about the Site, including underground services, irrigation systems, cables, and boundaries, to prevent damage.
Obtaining and maintaining any consents, approvals, or permissions that may be required for the Services, including from landlords, neighbours, or local authorities where applicable.
Providing access to water and electricity where these are reasonably required for the Services, unless otherwise agreed.
If access to the Site is not available at the agreed time, or if the Site is unsafe or unsuitable for work, we may charge a call out fee or a proportion of the quoted price to cover our time and travel.
5. Pricing and Payments
5.1 Pricing structure
Services may be charged on an hourly, daily, or fixed price basis, as specified in the Quotation or at the time of booking. Prices are stated in pounds sterling and are exclusive or inclusive of value added tax, as specified to the Client.
Additional charges may apply for materials, plants, equipment hire, waste removal, parking costs, congestion or emission zone charges, and any other agreed expenses. Any such charges will be communicated to the Client as clearly as possible.
5.2 Deposits
For larger projects or at our discretion, we may require a deposit before commencing the Services. The deposit amount and payment deadline will be communicated to the Client at the time of booking. Work may be postponed or cancelled if the deposit is not received on time.
5.3 Payment terms
Unless otherwise agreed, payment is due on completion of the Services for one off visits, and in accordance with the agreed schedule for ongoing maintenance or project work. Invoices will state the amount due and the payment due date.
We accept payment by methods communicated to the Client at the time of booking or invoicing. Cash payments, where accepted, must be made directly to a designated representative and a receipt will be provided upon request.
5.4 Late payment
If payment is not received by the due date, we reserve the right to charge interest on the overdue amount at the statutory rate permitted by law, accruing daily until payment is made in full. We may also suspend or cancel further Services until outstanding sums are settled.
The Client will be responsible for all reasonable costs incurred by Gardeners Westminster in recovering overdue payments, including legal and debt collection costs.
6. Cancellations and Rescheduling
6.1 Client cancellations
If the Client wishes to cancel or reschedule a booking, they must give as much notice as reasonably possible.
For standard gardening visits, changes or cancellations made with at least 24 hours notice before the scheduled start time will generally not incur a charge.
For cancellations with less than 24 hours notice, or where our team attends the Site but is unable to carry out the work due to reasons outside our control, we may charge a cancellation fee of up to 50 percent of the estimated or agreed price for that visit.
For large projects, bespoke works, or where materials or plants have been specially ordered, we may require longer notice periods and may retain part or all of any deposit or charge for costs already incurred. This will be explained at the time of booking.
6.2 Cancellations by Gardeners Westminster
We may need to cancel or reschedule Services due to weather conditions, staff illness, equipment failure, access issues, or other circumstances beyond our reasonable control.
In such cases, we will notify the Client as soon as reasonably practicable and offer an alternative appointment. We will not be liable for any indirect loss or inconvenience arising from such cancellations but any deposit or prepayment relating to the cancelled Service will be applied to the rescheduled appointment or refunded where appropriate.
7. Materials, Plants and Guarantees
Where materials, plants, or other goods are supplied as part of the Services, Gardeners Westminster will take reasonable care to source suitable products and to handle and install them with reasonable skill and care.
Living plants, turf, and natural materials are subject to variations in appearance, growth, and longevity due to factors such as weather, soil conditions, pests, diseases, and aftercare. While we may provide general advice, we cannot guarantee the survival, growth rate, or performance of plants after completion of the Services, unless expressly agreed in writing.
Ownership of materials and goods supplied by Gardeners Westminster will remain with us until full payment has been received. Risk in such items will pass to the Client on delivery or installation at the Site.
8. Waste Regulations and Disposal
Gardeners Westminster will comply with applicable waste regulations when handling and transporting green waste and other materials arising from our work.
By default, green waste such as cuttings, prunings, and leaves will be left on Site in an appropriate location for the Client's disposal or composting, unless waste removal has been specifically included in the Quotation or agreed as an additional service.
Where waste removal is requested or included, we will remove only the waste generated by our own work, up to the agreed volume or weight. Additional waste or fly tipped materials will only be removed if expressly agreed and may incur further charges.
We do not handle or remove hazardous waste, including but not limited to asbestos, chemicals, contaminated soil, or other regulated materials. If such materials are discovered, we may suspend work until the Client arranges safe removal by a licensed contractor.
9. Client Satisfaction and Complaints
We aim to provide Services with reasonable skill and care. If the Client is dissatisfied with any aspect of our work, they should raise the issue as soon as possible, ideally within 48 hours of completion of the visit.
We may request photographs or a Site visit to assess the issue. Where a complaint is justified, we will seek to agree a reasonable remedy, which may include rectifying the work, providing additional Services, or in appropriate cases offering a partial refund.
Complaints raised more than 14 days after completion of the Services may be more difficult to investigate, particularly where the condition of the garden may have changed due to weather, growth, or Client activities.
10. Liability and Insurance
Gardeners Westminster will carry appropriate public liability insurance for the Services provided. Details of cover can be made available on request.
We will exercise reasonable care to avoid damage to property while working at the Site. The Client should remove or protect any fragile items and satisfy themselves that paths, drains, and structures are adequate for the movement of personnel and equipment.
To the fullest extent permitted by law, Gardeners Westminster will not be liable for:
Any indirect or consequential loss, including loss of enjoyment, income, profits, contracts, or business opportunities.
Damage arising from pre existing defects, structural weaknesses, or hidden obstructions at the Site.
Loss or damage caused by pests, diseases, weather conditions, natural events, or factors outside our reasonable control.
Our total liability under or in connection with any Agreement shall be limited to the total fees paid or payable by the Client for the specific Services giving rise to the claim, except in cases of death or personal injury caused by our negligence, fraud, or any other liability that cannot legally be excluded or limited.
11. Health and Safety
Gardeners Westminster takes health and safety seriously and will operate in accordance with applicable health and safety legislation and best practice.
Clients and any occupants or visitors at the Site must keep clear of areas where our team is working and must comply with any reasonable instructions given to ensure safety. Children and pets should be supervised and kept away from machinery, tools, chemicals, and work areas.
We reserve the right to stop work if we consider that conditions at the Site present an unacceptable risk to the safety of our staff, the Client, or others. In such cases, we will discuss alternative arrangements with the Client.
12. Force Majeure
We will not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of our obligations if such delay or failure results from events, circumstances or causes beyond our reasonable control, including but not limited to severe weather, flooding, fire, acts of God, epidemic, industrial disputes, or transport disruptions.
13. Data Protection and Privacy
Gardeners Westminster will collect and process personal information about Clients only as necessary to manage bookings, provide Services, issue invoices, and comply with legal obligations.
We will take reasonable steps to keep such information secure and will not sell personal data to third parties. Information may be shared with trusted partners such as payment providers where necessary to deliver the Services.
By using our Services, the Client consents to the processing of their personal information for these purposes. Clients may contact us to request access to, correction of, or deletion of their personal information where permitted by law.
14. Variation of Terms
Gardeners Westminster may update these Terms and Conditions from time to time. The version in force at the time of confirmation of a booking will apply to that booking. Updated terms may be made available on request or published on our website where applicable.
15. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them, their subject matter or formation, 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 out of or in connection with these Terms and Conditions or any Agreement between Gardeners Westminster and the Client.
16. General Provisions
If any provision of these Terms and Conditions is held by a court or competent authority to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by Gardeners Westminster to exercise any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.
The Agreement is between Gardeners Westminster and the Client and may not be assigned or transferred by the Client without our prior written consent. We may sub contract or assign our rights and obligations where reasonably necessary to provide the Services.
These Terms and Conditions, together with any relevant Quotation or written confirmation of booking, constitute the entire Agreement between Gardeners Westminster and the Client in relation to the Services and supersede any prior discussions, correspondence, or understandings.
