Gardeners Tufnell Park Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Tufnell Park provides gardening and related services to residential and commercial customers in the United Kingdom. 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 expressions have the meanings set out below:
1.1 Gardeners Tufnell Park, we, us and our mean the gardening business trading under the name Gardeners Tufnell Park.
1.2 Client, you and your mean the person, company or organisation requesting or receiving services from Gardeners Tufnell Park.
1.3 Services means any gardening, garden maintenance, landscaping, clearance, planting, lawn care, hedge trimming, pruning, waste removal or related services supplied by Gardeners Tufnell Park.
1.4 Site means the garden, land or property at which the Services are to be carried out.
1.5 Agreement means the contract between Gardeners Tufnell Park and the Client comprising these Terms and Conditions together with any written quotation, confirmation, schedule or scope of works issued by us.
2. Scope of Services
2.1 We provide a range of gardening and outdoor maintenance services, which may include but are not limited to lawn mowing, lawn treatments, weeding, planting, pruning, hedge cutting, garden tidy-ups, seasonal maintenance, soft landscaping and garden waste handling.
2.2 The exact scope of the Services to be provided will be set out in a quotation, booking confirmation, schedule or written description agreed with you before work commences.
2.3 Any additional tasks requested on the day that are outside the agreed scope may be carried out at our discretion and will be chargeable at our prevailing rates or as otherwise agreed with you.
3. Booking Process
3.1 You may request a booking for Services by contacting us and providing accurate details about the Site, the requested work, preferred dates and times, and any access or parking requirements.
3.2 We may provide a quotation based on your description or, where needed, following a site visit. Quotations are normally estimates based on the information you provide, unless expressly stated as a fixed price.
3.3 Your booking is not confirmed until we have accepted it and provided you with a booking confirmation, which may be given verbally or in writing. We reserve the right to refuse any booking at our discretion.
3.4 For certain works, including larger projects or landscaping, we may require a signed acceptance of our quotation or a written confirmation from you before scheduling the work.
3.5 It is your responsibility to ensure that all details provided at the time of booking are accurate and complete. Any changes to the information provided may affect the price and timing of the Services.
4. Access and Site Requirements
4.1 You must ensure that we have safe and reasonable access to the Site at the agreed time, including clear access to all relevant areas of the garden and any required water or electrical supply.
4.2 If access is restricted or delayed due to circumstances within your control, waiting time or an aborted visit charge may apply.
4.3 You are responsible for informing us in advance of any known hazards or issues at the Site, including uneven ground, hidden obstacles, ponds, fragile surfaces, underground services or any other risks.
4.4 We reserve the right to refuse or suspend work if we consider that the Site is unsafe or unsuitable for the Services to be carried out. In such cases, you may still be liable for a call-out or cancellation charge.
5. Health, Safety and Conduct
5.1 We will perform the Services with reasonable care and skill and in accordance with applicable health and safety regulations.
5.2 You agree not to instruct our staff or contractors to carry out any work that could reasonably be considered unsafe, unlawful or outside the agreed scope.
5.3 We may use power tools, machinery, chemicals or other equipment as appropriate to the work. We will take reasonable precautions to minimise risks, but you must keep children, pets and other persons away from the working area during the provision of Services.
5.4 Smoking, substance abuse or abusive behaviour towards our staff or contractors will not be tolerated. We may withdraw our Services immediately in such circumstances and you will remain liable for all charges incurred to that point.
6. Pricing and Payment Terms
6.1 Prices for our Services will be communicated to you in advance by way of quotation, rate card or booking confirmation. Unless specified otherwise, prices are exclusive of any applicable taxes or statutory charges.
6.2 We may charge on an hourly, daily, per-visit, per-project or fixed-fee basis, depending on the nature of the work. Minimum charges may apply to smaller jobs or short visits.
6.3 We reserve the right to revise our prices from time to time, but any change will not affect confirmed bookings that have already been accepted, other than where the scope of work or information provided by you has changed.
6.4 Payment is due in accordance with the terms stated on our quotation or invoice. Unless otherwise agreed in writing, payment is due on completion of the Services or, for ongoing maintenance, after each visit.
6.5 We may require a deposit or advance payment for larger works, materials or projects. Your booking may be provisional until any required deposit has been received.
6.6 If payment is not received by the due date, we may charge interest on the overdue amount at the statutory rate and may suspend further Services until all outstanding sums are paid in full.
6.7 You are responsible for any bank charges or fees arising from your chosen method of payment. We may charge a reasonable administration fee for late payments or reissued invoices.
7. Cancellations, Rescheduling and Missed Appointments
7.1 If you wish to cancel or reschedule a booking, you must provide us with reasonable notice. Unless otherwise stated in your booking confirmation, we require at least 24 hours notice before the scheduled start time.
7.2 If you cancel or reschedule with less than the required notice, we reserve the right to apply a late cancellation fee, which may be up to the full charge for the scheduled visit, particularly where we are unable to reallocate the time slot.
7.3 If we are unable to attend a booking due to adverse weather, staff illness, unforeseen circumstances or events beyond our reasonable control, we will notify you as soon as reasonably practicable and arrange a new appointment. We will not be liable for any loss arising from such rearrangements.
7.4 If we attend the Site at the agreed time and are unable to gain access, or if work cannot proceed due to circumstances within your control, we may charge an aborted visit fee or the full fee for the booking, at our discretion.
8. Garden Waste and Environmental Regulations
8.1 As part of our Services, we may generate garden waste, including grass cuttings, branches, leaves, soil and other organic materials.
8.2 Unless expressly stated in your quotation or booking confirmation, the price for Services does not automatically include removal of garden waste from the Site. Where waste removal is included, this will be clearly described.
8.3 Where waste removal is requested, we will dispose of garden waste in accordance with relevant UK waste and environmental regulations. Additional charges may apply for heavy loads, large volumes, or mixed waste that includes non-garden materials.
8.4 If you choose to retain garden waste on Site, we may agree to bag it, stack it or place it in a designated area, such as compost heaps or green bins, as instructed by you, provided this is safe and practical.
8.5 We are not responsible for the disposal of hazardous, contaminated or prohibited materials. If such materials are encountered, we may suspend work and discuss appropriate arrangements with you. Any additional costs associated with handling such materials will be your responsibility.
9. Materials, Plants and Guarantees
9.1 Where we supply materials, plants, turf or other products as part of the Services, ownership of those items will usually pass to you once payment has been received in full.
9.2 We will use materials and plants that are suitable for the intended purpose, based on our professional judgment and the information you provide. However, the long-term performance of living plants and turf depends on aftercare, weather conditions, pests and other factors beyond our control.
9.3 Unless expressly stated in writing, we do not guarantee the lifespan, growth rate or appearance of plants, lawns or living materials after completion of the Services. We will, however, provide reasonable guidance on how to care for them where appropriate.
9.4 Any manufacturer or supplier guarantees for materials will be passed on to you where permitted. Our liability in respect of such items will be limited to the value of the item or the remedies provided by the manufacturer or supplier.
10. Client Responsibilities
10.1 You are responsible for ensuring that the Site is ready for the Services to be carried out, including clearing personal items, toys, furniture or obstacles from working areas unless otherwise agreed.
10.2 You must inform us of any underground services, irrigation systems, cables, pipes or other hidden installations that could be affected by digging, staking or planting. We cannot be held liable for damage to such items where you have not provided accurate information.
10.3 You agree to provide any necessary consents, permissions or approvals for the work, including planning permissions, landlord approvals or permissions from neighbours where relevant.
10.4 You are responsible for supervising any children or pets at the Site and for keeping them away from tools, machinery and chemicals while we are working.
11. Liability and Limitations
11.1 We will exercise reasonable care and skill in providing the Services. If we fail to do so, we may, at our option, re-perform the relevant part of the Services or refund an appropriate portion of the charges paid.
11.2 Our liability for any loss or damage arising out of or in connection with the Services, whether in contract, tort including negligence, breach of statutory duty or otherwise, shall be limited to the total amount paid or payable by you for the specific Services giving rise to the claim.
11.3 We will not be liable for any loss of profit, loss of business, loss of opportunity, loss of enjoyment, or any indirect or consequential loss arising from or in connection with the Services.
11.4 We are not responsible for pre-existing defects, damage or conditions at the Site, nor for any deterioration of plants, lawns or features caused by weather, pests, disease, inadequate watering, poor soil conditions or other factors beyond our reasonable control.
11.5 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.
12. Complaints and Dispute Resolution
12.1 If you are dissatisfied with any aspect of our Services, you should notify us as soon as possible and within a reasonable time after completion of the relevant work, giving us the opportunity to investigate and, where appropriate, remedy the issue.
12.2 We will aim to resolve complaints promptly and fairly. This may include revisiting the Site to inspect the work and, if we consider a complaint justified, taking corrective action or offering a partial refund.
12.3 If a dispute arises that cannot be resolved directly between you and us, either party may seek advice or assistance from a relevant advisory body, mediator or legal representative.
13. Events Beyond Our Control
13.1 We will not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of our obligations where such delay or failure results from events, circumstances or causes beyond our reasonable control. These may include extreme weather, floods, storms, epidemics, strikes, transport disruptions, accidents, equipment failure, or acts of government or public authorities.
13.2 If an event beyond our control occurs, we will contact you as soon as reasonably practicable to inform you and will take reasonable steps to minimise the effect of the delay. Where necessary, we may reschedule or adjust the Services.
14. Data Protection and Privacy
14.1 We may collect and process personal information about you for the purposes of managing bookings, providing Services, issuing invoices, and maintaining our business records.
14.2 We will handle your personal information in accordance with applicable UK data protection laws and only retain it for as long as necessary for the purposes for which it was collected or as required by law.
14.3 You have certain rights in relation to your personal information, which may include the right to access, correct or request deletion of your data, subject to legal and contractual limitations.
15. Changes to These Terms
15.1 We may update or amend these Terms and Conditions from time to time. Any changes will take effect when published or communicated to you and will apply to bookings made after that date.
15.2 For ongoing or long-term service arrangements, we will provide you with notice of any significant changes that may materially affect your rights or obligations.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them, or the Services, whether in contract, tort, or otherwise, shall be governed by and construed in accordance with the laws of England and Wales.
16.2 You and we 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 Services.
17. General Provisions
17.1 If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.
17.2 No failure or delay by us in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.
17.3 You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign or subcontract our rights and obligations where this does not reduce the level of service you receive.
17.4 These Terms and Conditions, together with any quotation, schedule or written confirmation issued by us, constitute the entire agreement between you and us in relation to the Services and supersede any prior discussions or representations.
