Terms And Conditions

Gardeners Hither Green Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Hither Green to residential and commercial customers. By requesting, booking or receiving any services, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming a booking.

1. Definitions and Interpretation

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

Customer means the individual or business requesting or receiving services from Gardeners Hither Green.

Services means any gardening, garden maintenance, clearance, landscaping, lawn care, planting, hedge trimming, pressure washing or related work carried out by Gardeners Hither Green.

Agreement means the contract between Gardeners Hither Green and the Customer comprising these Terms and Conditions and any written or verbal quotation or confirmation of booking.

Visit means any attendance at the Customer property by Gardeners Hither Green personnel to provide the Services.

Property means the garden, outdoor area or premises at which the Services are to be performed.

2. Scope of Services

Gardeners Hither Green provides a range of gardening and outdoor maintenance services within its operating area. The exact scope of Services for each booking will be agreed in advance with the Customer, either as a one-off service or as part of a regular maintenance schedule.

Descriptions of Services provided in quotations, on promotional materials or through other channels are indicative only. The precise work to be carried out will be defined at the time of booking, taking into account the condition of the Property and any specific requirements communicated by the Customer.

Gardeners Hither Green reserves the right to decline work that falls outside its expertise, is unsafe, is not reasonably practicable with the tools and equipment available, or would breach applicable laws or local regulations.

3. Booking Process

3.1 Initial enquiry

Customers may request Services by contacting Gardeners Hither Green and providing details of the Property, the type of work required and preferred dates and times. Based on the information provided, Gardeners Hither Green may offer an estimated price or recommend a site visit for a more accurate quotation.

3.2 Quotations

Quotations may be given based on photographs, descriptions or a site visit. All quotations are provided in good faith but are subject to revision if the actual work required differs materially from the information initially supplied, or if unforeseen conditions arise at the Property.

Unless otherwise stated, quotations are valid for 30 days from the date of issue. Acceptance of a quotation by the Customer, whether in writing or verbally, creates an Agreement subject to these Terms and Conditions.

3.3 Confirming a booking

A booking is confirmed once Gardeners Hither Green has agreed a date and approximate time window with the Customer and, where applicable, has received any required deposit or booking fee. Gardeners Hither Green may issue a confirmation of booking setting out the key terms, including the Services to be performed, the price and any special conditions.

3.4 Access and instructions

The Customer must ensure that Gardeners Hither Green has safe and reasonable access to the Property at the agreed time of the Visit. The Customer must provide clear instructions regarding any specific areas to be worked on or avoided, any known hazards and any particular requirements or preferences. If access is not available at the agreed time due to the Customer actions or omissions, Gardeners Hither Green may charge a call-out or cancellation fee in accordance with section 6.

4. Customer Obligations

The Customer agrees to:

a. Provide accurate information about the Property and the requested Services.

b. Ensure unobstructed access to the garden or outdoor area, including any necessary access codes, keys or permissions.

c. Inform Gardeners Hither Green of any underground services, cables, pipes, irrigation systems or similar that may be affected by the work.

d. Keep pets and children away from the immediate work area for the duration of the Visit.

e. Comply with any reasonable instructions given by Gardeners Hither Green for safety or practical reasons.

If the Customer fails to fulfil these obligations, Gardeners Hither Green may suspend or cancel the Services and charge for any wasted time or costs incurred.

5. Prices and Payment Terms

5.1 Pricing basis

Prices for the Services may be based on hourly rates, fixed fees per job, or agreed package prices. The basis for pricing will be communicated to the Customer before the Agreement is formed. All prices are quoted in pounds sterling and, unless explicitly stated otherwise, are inclusive of any applicable taxes.

5.2 Deposits

For certain Services, particularly larger projects or work requiring advance purchase of materials, Gardeners Hither Green may require a deposit prior to commencing work. The amount and due date for any deposit will be specified at the time of booking.

5.3 Payment methods

Gardeners Hither Green accepts commonly used electronic and offline payment methods, which will be notified to the Customer. Cash payments may be subject to additional conditions. The Customer is responsible for ensuring that the full amount is paid using a method acceptable to Gardeners Hither Green.

5.4 Payment deadlines

Unless otherwise agreed in writing, payment for one-off Services is due immediately on completion of the Visit. For ongoing maintenance arrangements, Gardeners Hither Green may invoice periodically, for example monthly, with payment due within an agreed number of days from the invoice date.

5.5 Late payment

If the Customer fails to make any payment when due, Gardeners Hither Green reserves the right to suspend further Services and to charge interest on the overdue amount at a reasonable rate from the due date until payment is received in full. The Customer will also be liable for any reasonable costs incurred by Gardeners Hither Green in recovering overdue amounts, including collection agency fees or legal costs.

6. Cancellations, Rescheduling and No-Show

6.1 Customer cancellations

The Customer may cancel or reschedule a Visit by giving Gardeners Hither Green reasonable notice. Unless agreed otherwise, the following will apply:

a. Cancellations or changes made more than 48 hours before the scheduled Visit will not usually incur a cancellation charge.

b. Cancellations or changes made within 24 to 48 hours of the scheduled Visit may incur a partial cancellation fee, reflecting the time reserved and any costs incurred.

c. Cancellations or changes made less than 24 hours before the scheduled Visit, or where Gardeners Hither Green attends the Property and is unable to gain access or commence work due to Customer actions or omissions, may be charged at up to the full quoted amount for the Visit.

6.2 Provider cancellations

Gardeners Hither Green will use reasonable endeavours to attend all confirmed bookings. However, it may occasionally be necessary to cancel or reschedule a Visit due to factors such as severe weather conditions, staff illness, vehicle breakdown, safety concerns, or events outside its reasonable control. In such cases Gardeners Hither Green will notify the Customer as soon as reasonably practicable and will offer an alternative date. Gardeners Hither Green will not be liable for any loss resulting from such cancellation or rescheduling, other than refunding any pre-paid amounts for Services not provided.

7. Performance of Services and Standards

Gardeners Hither Green will carry out the Services with reasonable care and skill, in accordance with generally accepted standards for gardening and outdoor maintenance in the UK. The precise outcome of certain Services, such as lawn treatments, planting schemes or disease control, may depend on factors beyond the control of Gardeners Hither Green, including weather, soil conditions and subsequent care by the Customer.

The Customer is responsible for following any aftercare advice provided, including watering regimes, fertiliser use and other maintenance suggestions. Gardeners Hither Green does not guarantee that plants or lawns will thrive if aftercare instructions are not followed or if environmental conditions are unsuitable.

8. Materials, Equipment and Waste

8.1 Materials and plants

Where the Services include the supply of materials, plants or turf, Gardeners Hither Green will source items of a standard quality appropriate for the agreed budget and design. Natural products such as plants, turf, soil and aggregates may vary in appearance and performance. Gardeners Hither Green is not responsible for variations that are inherent in such materials.

8.2 Equipment

Gardeners Hither Green will normally provide its own tools and equipment. If the Customer equipment is used at the Customer request, Gardeners Hither Green accepts no liability for any damage caused to or by that equipment, unless due to negligence.

8.3 Green waste and other waste

Garden waste generated during the Services will, where practical, be left in an agreed area of the Property for composting or disposal by the Customer, unless removal is expressly included in the quotation. If the Customer requires Gardeners Hither Green to remove green waste, this may incur additional charges reflecting transport, disposal fees and labour time.

Gardeners Hither Green will comply with applicable UK waste regulations and duty of care requirements when transporting and disposing of waste. Non-garden waste, such as general household rubbish, building debris or hazardous materials, will not be removed unless specifically agreed and priced in advance.

9. Health, Safety and Property Damage

Gardeners Hither Green will take reasonable steps to protect the Property, including lawns, paving, boundaries and structures, while carrying out the Services. However, certain work, such as hedge reduction, tree pruning or pressure washing, may entail an inherent risk of minor incidental damage or disturbance.

The Customer must inform Gardeners Hither Green in advance of any hidden or fragile features, such as buried cables, irrigation pipes, weak structures, or delicate surfaces. Gardeners Hither Green will not be liable for damage to items that were not reasonably apparent or disclosed, or for damage arising from pre-existing defects at the Property.

The Customer is responsible for ensuring that the work area is free from obstacles such as toys, furniture or decorations that might be damaged. Gardeners Hither Green may move light items where necessary but accepts no responsibility for loss or damage to personal belongings left in the immediate work area.

10. Liability and Limitations

Nothing in these Terms and Conditions limits or excludes the liability of Gardeners Hither Green for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot lawfully be limited or excluded under UK law.

Subject to the above, Gardeners Hither Green will not be liable for:

a. Any indirect, consequential or economic loss, including loss of profit, loss of enjoyment or loss of amenity.

b. Any loss or damage arising from events or circumstances beyond its reasonable control, including extreme weather, pest infestations, plant diseases, vandalism or third party actions.

c. Any deterioration of lawns, plants or garden features resulting from lack of aftercare, inappropriate use, pets, wildlife or failure to follow guidance provided.

The total liability of Gardeners Hither Green for any claim arising out of or in connection with the Agreement, whether in contract, tort or otherwise, shall be limited to the total amount paid or payable by the Customer for the specific Services giving rise to the claim.

11. Complaints and Disputes

If the Customer is dissatisfied with any aspect of the Services, they should notify Gardeners Hither Green as soon as possible, and in any event within 7 days of completion of the relevant Visit. Gardeners Hither Green will investigate the complaint and, where appropriate, may offer to rectify any issues within a reasonable period.

Failure to raise concerns within a reasonable timeframe may limit the options available for remedial action, particularly where living plants or lawns are involved. Raising a complaint does not suspend the Customer obligation to pay undisputed amounts.

12. Data Protection and Privacy

Gardeners Hither Green will collect and process personal data provided by the Customer, such as name, address and contact details, for the purposes of managing bookings, delivering Services, handling payments and meeting legal obligations. Personal data will be handled in accordance with applicable UK data protection legislation.

Customer details will not be sold to third parties. Data may be shared with service providers involved in delivering the Services, such as payment processors, only to the extent necessary for the performance of the Agreement and compliance with the law.

13. Amendments to Terms and Conditions

Gardeners Hither Green may update or amend these Terms and Conditions from time to time. The version in force at the time of the Customer booking will normally apply to that booking. A current copy of the Terms and Conditions will be available on request.

14. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or 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 their subject matter.

15. General Provisions

15.1 Entire agreement

These Terms and Conditions, together with any agreed quotation or booking confirmation, constitute the entire agreement between the Customer and Gardeners Hither Green in relation to the Services and supersede any previous representations or arrangements.

15.2 Severability

If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable by a court, that provision shall be severed from the remaining provisions, which shall continue in full force and effect.

15.3 No waiver

Failure or delay by Gardeners Hither Green to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that or any other right or remedy.

15.4 Assignment

The Customer may not assign or transfer any of their rights or obligations under the Agreement without the prior written consent of Gardeners Hither Green. Gardeners Hither Green may assign or subcontract any of its rights or obligations where this does not reduce the level of service provided to the Customer.

By requesting or accepting Services from Gardeners Hither Green, the Customer confirms that they have read, understood and agree to these Terms and Conditions.