Terms And Conditions

Gardeners Eltham Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Eltham provides gardening and related services to residential and commercial clients in the United Kingdom. By booking or accepting any service from Gardeners Eltham, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking or instructing any work.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means the individual, company or organisation requesting or receiving services from Gardeners Eltham.

Company means Gardeners Eltham, the provider of gardening and related services.

Services means any gardening, garden maintenance, landscaping, clearance or related work carried out by the Company for the Client.

Service Area means the locations within which the Company offers its services, primarily within Eltham and surrounding areas in the United Kingdom, as determined and updated by the Company from time to time.

Agreement means the contract formed between the Client and the Company, consisting of these Terms and Conditions and any specific written or verbal confirmation of the booking.

2. Scope of Services

The Company provides a range of gardening services, which may include lawn care, hedge trimming, planting, pruning, garden tidy-ups, garden waste handling, soft landscaping, and regular maintenance visits. The specific Services to be provided will be agreed with the Client at the time of booking and confirmed in writing or verbally, as appropriate.

All Services are subject to availability of staff, equipment, materials, and suitable weather conditions. The Company reserves the right to refuse or amend any Service where it considers the requested work unsafe, inappropriate for the site conditions, or beyond the agreed scope.

3. Booking Process

3.1 Service Requests

Clients may request Services by contacting the Company through its usual communication channels. When making a booking request, the Client should provide accurate and complete information about the property, access arrangements, the nature of the required work, and any particular priorities or concerns.

3.2 Estimates and Quotes

Where possible, the Company will provide an estimate or quote based on the information supplied by the Client. In some cases, a site visit may be required before the Company can provide a firm quote. Any estimate is indicative only and may be adjusted if the actual work required differs from the description originally provided.

3.3 Acceptance of Booking

A booking is considered accepted and an Agreement formed when the Company confirms the appointment date and time with the Client, either verbally or in writing, and the Client accepts that appointment. The Client is responsible for checking that all details of the booking are correct and notifying the Company promptly of any errors.

3.4 Service Area

The Company generally provides Services within its defined Service Area around Eltham and nearby districts. Requests outside this area may be declined or subject to additional travel time or charges at the Company’s discretion.

4. Access and Client Responsibilities

The Client must ensure that the Company has safe and reasonable access to the garden or outdoor space at the agreed time. This includes providing any necessary keys, codes, gate access or parking arrangements, and ensuring pets or animals are secured as appropriate.

The Client must inform the Company of any hazards or risks on site, including uneven ground, fragile structures, ponds, cables, underground services, or any other matters that may affect the safe delivery of the Services.

Where access is not provided or is significantly restricted at the appointed time, the Company may charge a call-out fee or treat the booking as a late cancellation, as described in the Cancellations section.

5. Pricing, Estimates and Quotes

5.1 Pricing Basis

The Company may charge for Services on a fixed-price basis, by the hour, by the job, or using a combination of these methods, as communicated to the Client at the time of booking. Prices are typically based on labour time, complexity of work, use of equipment, travel time, materials supplied, disposal costs, and any additional charges agreed with the Client.

5.2 Estimates

Where the Company provides an estimate before viewing the garden, such estimate is not binding and may be varied once the Company inspects the site or commences work. If, on inspection, the required work is significantly different from what was described by the Client, the Company will inform the Client and may provide a revised estimate or decline to proceed.

5.3 Changes to Scope

If the Client requests additional work or changes to the originally agreed scope during a visit, the Company may adjust the price accordingly. The Company will seek to agree revised pricing with the Client before undertaking substantial additional work.

6. Payments

6.1 Payment Terms

Unless otherwise agreed in advance, payment for Services is due immediately upon completion of the work on the day of the visit. For ongoing maintenance contracts or larger projects, the Company may agree alternative payment schedules, including deposits and staged payments.

6.2 Payment Methods

The Company accepts such payment methods as it may notify to the Client from time to time, which may include bank transfer, card payment, or other electronic methods. Cash payments may be accepted only if specifically agreed in advance.

6.3 Late Payment

If payment is not received by the due date, the Company may charge interest on the overdue sum at the statutory rate allowable under UK law and may suspend or cancel further Services until payment is made in full. The Client will be responsible for all reasonable costs of collection incurred by the Company in recovering overdue amounts.

6.4 Deposits

For larger projects, special orders, or where significant materials must be purchased in advance, the Company may require a deposit. Deposits are generally non-refundable once materials have been ordered or work has begun, except where the Company is at fault or as required by law.

7. Cancellations, Rescheduling and Missed Appointments

7.1 Client Cancellations

The Client may cancel or reschedule a booking by giving reasonable notice to the Company. Unless otherwise agreed, at least 24 hours’ notice prior to the scheduled appointment time is expected for standard visits. For larger projects or multi-day bookings, longer notice periods may apply as specified when the booking is made.

7.2 Late Cancellations

If the Client cancels or reschedules with less than the required notice, the Company reserves the right to charge a late cancellation fee, which may be up to the full value of the first scheduled visit or a reasonable call-out charge to cover time and travel.

7.3 Missed Appointments and Access Issues

If the Company attends the property at the agreed time but is unable to gain access or commence work due to circumstances within the Client’s control, the Company may charge a call-out fee or treat the situation as a late cancellation.

7.4 Company Cancellations

The Company reserves the right to cancel or reschedule a booking due to adverse weather, staff illness, equipment failure, safety concerns, or other circumstances beyond its reasonable control. The Company will aim to give as much notice as possible and will work with the Client to agree a new appointment time. The Company will not be liable for any loss arising from such cancellations, save for refunding any pre-paid sums for Services not provided.

8. Garden Waste and Environmental Regulations

8.1 Waste Handling

The Company will handle garden waste in accordance with relevant UK regulations. Unless explicitly included in the quote, removal of green waste, soil, turf, or other materials may incur an additional charge.

8.2 On-Site Composting

Where appropriate and with the Client’s agreement, the Company may leave green waste on site for composting or disposal by the Client. The Client is responsible for ensuring that any such waste is stored and disposed of in a lawful and environmentally responsible manner.

8.3 Waste Removal Charges

If the Client requests that the Company remove garden waste from the property, the cost of collection, transport, and lawful disposal will be added to the Service charge. Any such charges will be explained to the Client in advance where possible.

8.4 Compliance with Regulations

The Company will not dispose of waste in any manner that breaches local or national environmental regulations. The Client must not request or encourage the Company to act in a way that would contravene such rules.

9. Health, Safety and Weather Conditions

The Company will take reasonable steps to carry out Services safely and in accordance with applicable health and safety requirements. The Client agrees not to interfere with or compromise the safety of the Company’s staff while they are working on site.

In adverse weather conditions, such as heavy rain, storms, high winds, extreme heat, or freezing temperatures, the Company may adjust the planned work, postpone certain tasks, or reschedule the appointment to protect staff safety and avoid damage to the garden.

10. Liability and Limitations

10.1 Duty of Care

The Company will exercise reasonable care and skill in providing the Services. However, gardening work and use of machinery in outdoor environments inherently carries some risk of minor damage or disturbance.

10.2 Exclusions of Liability

The Company will not be liable for:

a. Any pre-existing damage, defects, disease or poor condition of plants, lawns, trees, structures, paths, fences, or other property.

b. The failure of plants, lawns, seeds or turf to thrive, grow or survive, as these depend on factors beyond the Company’s control, including weather, soil conditions, pests, and the Client’s ongoing maintenance and watering.

c. Any loss or damage arising from inaccurate or incomplete information provided by the Client.

d. Indirect or consequential losses, loss of profit, loss of enjoyment, or loss of opportunity arising from or in connection with the Services.

10.3 Damage to Property

If the Company causes direct physical damage to the Client’s property through negligence, the Company’s liability will, so far as permitted by law, be limited to the reasonable cost of repair or replacement, subject to any applicable insurance cover and overall limitation of liability.

10.4 Overall Limitation

To the fullest extent permitted by law, the total liability of the Company to the Client arising under or in connection with any Agreement will be limited to the total amount actually paid by the Client for the Services giving rise to the claim.

10.5 Non-Excludable Rights

Nothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited under UK law, including liability for death or personal injury caused by negligence or for fraud.

11. Guarantees and Aftercare

Unless expressly stated in writing, the Company does not provide guarantees on plant survival, lawn establishment, or long-term garden appearance. The Client is responsible for ongoing watering, feeding, weeding, and general maintenance after the Service visit, unless a separate maintenance agreement is in place.

Any care instructions provided by the Company are for guidance only and do not form a guaranteed outcome. Failure to follow such guidance may reduce the effectiveness of the work carried out.

12. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as possible, ideally within 48 hours of completion of the relevant work. The Company will investigate the issue and, where appropriate, may offer to revisit the property, rectify reasonable defects, or provide another suitable remedy.

The Client agrees to give the Company a fair opportunity to inspect and, where reasonably possible, address any concerns before arranging third-party remedial work or withholding payment.

13. Intellectual Property

Any designs, layouts, planting schemes, or creative concepts provided by the Company remain the intellectual property of the Company unless stated otherwise in writing. The Client may use such designs only for the property for which they were prepared and may not reproduce or share them for commercial use without the Company’s prior written consent.

14. Data Protection and Privacy

The Company will collect and use personal information about the Client, such as name, address and contact details, only as necessary to provide the Services, manage bookings, issue invoices and comply with legal obligations. The Company will take reasonable steps to protect such information and will not sell or disclose it to third parties other than as required to deliver the Services or comply with the law.

15. Amendments to Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Client’s booking will apply to that particular Service, unless a later version is expressly agreed between the parties. Updated Terms and Conditions may be made available upon request.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any Agreement between the Client and the Company, are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of 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.

By booking or receiving Services from Gardeners Eltham, the Client confirms that they have read, understood and agree to these Terms and Conditions.