Terms And Conditions
Gardeners Gipsy Hill Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Gipsy Hill provides gardening and related services to residential and commercial clients in the United Kingdom. By placing a booking or allowing our gardeners to begin work at your property, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.
1. Definitions
In these Terms and Conditions, the following definitions apply.
Client or you means the individual, business or organisation ordering services from Gardeners Gipsy Hill.
Company, we, us or our means Gardeners Gipsy Hill, the provider of gardening and related services.
Services means any gardening, garden maintenance, soft landscaping, lawn care, hedge trimming, pruning, planting, clearance, or related services carried out by us.
Site or property means the outdoor or garden area at which the services are to be carried out.
Agreement means the contract between you and us for the provision of services, incorporating these Terms and Conditions and any written service description or quotation we provide.
2. Scope of Services
The services we provide will be as described in our written quotation, work specification, booking confirmation or other written description agreed with you before work commences. We may provide regular maintenance services, one-off gardening visits, garden clearance, seasonal work and similar services as agreed.
Any additional work requested by you that falls outside the original specification may be subject to a revised quotation and separate charges. We will seek your approval before carrying out any significant additional tasks that would materially increase the price.
We reserve the right to refuse any work that we consider to be unsafe, unlawful, environmentally unsuitable or beyond our reasonable professional capabilities or equipment.
3. Booking Process
Bookings may be made by contacting us and providing details of the services you require, together with your name, service address and any relevant access information. All bookings are subject to availability and our acceptance.
We may ask you for photographs, descriptions, measurements or other information about your garden to assist with estimating the time and resources required. Any quotation based on information provided remotely is an estimate only and may be adjusted on site if the actual conditions differ materially from those described.
Your booking is confirmed only when we have issued a confirmation by written means and you have accepted the date, time, scope of work and pricing. We reserve the right to reschedule bookings where necessary due to weather conditions, staff availability, safety concerns or other operational reasons, but we will use reasonable efforts to notify you as soon as possible and agree an alternative time.
4. Access to the Property
You must ensure that our gardeners have safe and reasonable access to the site at the agreed time. This includes access through gates, side entrances, communal areas and any necessary parking arrangements for vehicles and equipment.
If we are unable to gain access to the property at the agreed time, or if access is unduly obstructed or delayed, we may treat this as a late cancellation and charge a fee as set out in the cancellation section. Where parking charges are unavoidable for us to attend, these may be added to your invoice at cost.
You must inform us in advance of any security systems, restricted entry arrangements, building management rules or other matters that may affect our access or the timing of our visit.
5. Client Responsibilities
You are responsible for ensuring that the site is in a condition suitable for the services to be performed. This may include, where relevant, removing personal items, toys, furniture and pet waste from working areas, and securing pets and children away from equipment and working zones during our visit.
You must inform us of any known hazards or risks at the property, including uneven ground, ponds, unstable structures, known infestations, underground services or cables, and any plants that may be toxic or protected. We are not liable for any issues arising from hazards that were not disclosed or that could not reasonably have been identified by a visual inspection.
Where services involve hedge cutting, tree pruning or similar tasks, you are responsible for ensuring that the work requested complies with applicable laws, planning permissions, tree preservation orders and any covenants or restrictions affecting your property. We do not provide legal or planning advice and you remain responsible for obtaining any necessary consents before work is carried out.
6. Pricing and Quotations
Prices may be given as fixed quotations for defined tasks, or as hourly or daily rates with an estimated time required. Unless otherwise stated, our quotations are exclusive of any government taxes that may apply from time to time, which will be added to your invoice where applicable.
If, on attending the site, we find that the work required is substantially different in nature or scale from what was described, or the condition of the garden is materially worse than indicated, we may revise our quotation. We will inform you and ask for your approval before proceeding on the revised basis.
Any special offers or promotional prices are subject to specific conditions and may be withdrawn at any time without notice, but will not affect confirmed bookings already accepted by us.
7. Payments and Invoicing
Payment terms will be set out in your quotation or booking confirmation. Unless we agree otherwise in writing, payment is due on completion of the services for one-off visits, and within the stated period on the invoice for regular maintenance contracts.
We may accept payment by bank transfer, card payment or other methods as advised to you at the time of booking or invoicing. Cash payments, if accepted, must be made directly to the company and not to individual gardeners.
If payment is not received by the due date, we reserve the right to charge interest on the outstanding amount at a reasonable rate, calculated on a daily basis until payment is received in full. We may also suspend further services until all overdue sums are settled.
Where we have agreed a regular maintenance schedule, we may invoice on a per-visit basis or monthly in arrears or advance, as stated in your agreement. Failure to pay for regular services may result in cancellation of the schedule.
8. Cancellations and Rescheduling by the Client
You may cancel or reschedule a booking by giving us adequate notice in writing. The minimum notice period will be set out in your booking confirmation. As a guideline, cancellation or rescheduling with less than twenty four hours notice may incur a late cancellation fee up to a reasonable proportion of the estimated service charge, to cover allocated labour and scheduling costs.
If you cancel after our team has already travelled to or arrived at your property, we may charge up to the full cost of the booked visit, at our discretion. This includes situations where we cannot gain access or are turned away at the site.
For larger projects and multi-day works, specific cancellation terms may be outlined in your quotation. These may include staged cancellation charges where significant preparation, materials purchase or scheduling has already taken place.
9. Cancellations and Changes by the Company
We may cancel or reschedule a booking where necessary for reasons including, but not limited to, severe weather, staff illness, equipment failure, safety concerns, access problems beyond our control or other events outside our reasonable control.
Where we cancel a booking, we will use reasonable efforts to provide as much notice as possible and to agree an alternative date and time with you. We will not be liable for any indirect loss, such as loss of enjoyment or business loss, arising from such cancellation or rescheduling.
10. Materials and Equipment
Unless otherwise agreed, we will provide our own tools and equipment necessary to carry out the services. You agree to provide access to an outdoor tap and, where reasonably required, access to electricity for powered tools.
Where we supply plants, turf, soil, compost, fertilisers or other materials, we will use reasonable care to ensure quality and suitability, but we cannot guarantee specific growth results or longevity, as these depend on weather, soil, watering and maintenance conditions beyond our control.
If you choose to provide your own materials, we are not responsible for their quality or performance, and any guarantee or liability in respect of those materials remains with the original supplier.
11. Green Waste and Rubbish Removal
Our standard service includes the cutting, pruning and collection of green waste within the garden area as part of our work. Disposal of this waste is subject to waste regulations and must be handled lawfully.
Where possible, and where you agree, we may place green waste in your own garden waste bins or compost areas. Where you require us to remove green waste from the property, this may incur an additional charge based on volume, disposal fees and travel time.
We do not normally remove non-garden waste such as household rubbish, building debris, scrap metal or hazardous materials. If such items are present and obstruct the work, we may refuse to proceed or may agree, at our discretion, to remove them for an additional charge if lawful and safe to do so.
We comply with applicable waste regulations and will only transport and dispose of waste in accordance with those requirements. We do not accept liability for any penalties arising from your previous unlawful disposal activities.
12. Health and Safety
We take reasonable steps to protect the health and safety of our staff, clients and any persons present during the provision of services. You agree to cooperate with any reasonable instructions given by our gardeners in relation to safety, including keeping children and pets away from tools, machinery and working areas.
We may suspend work if we consider that conditions at the site pose an unacceptable risk. This includes extreme weather, aggressive animals, unsafe structures or other hazards. In such cases we may cancel or reschedule the visit, and may charge for time already spent on site.
13. Liability and Insurance
We carry appropriate insurance for public liability in connection with our gardening services. Evidence of cover can be provided on request.
Our liability to you for any direct damage to property or direct financial loss arising from our negligence or breach of contract is limited to a reasonable amount, taking into account the price of the services and the extent of the loss actually suffered, subject to any statutory rights that may not be excluded or limited.
We do not accept liability for indirect or consequential losses, such as loss of profits, loss of enjoyment, loss of business, or loss arising from delays outside our reasonable control.
We are not responsible for pre-existing damage or for issues arising from structural defects, poor prior workmanship or hidden conditions in the garden, including underground pipes, cables or infrastructure not reasonably identifiable on visual inspection. You are responsible for informing us of the location of any such underground services so that we can take care to avoid them.
Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other matter that cannot be lawfully excluded or limited under applicable law.
14. Complaints and Service Issues
If you are unhappy with any aspect of our services, you should notify us as soon as possible, ideally within forty eight hours of completion of the relevant visit. We will investigate the matter and, where appropriate, may offer to rectify the issue or provide a reasonable alternative solution.
We may ask for photographs or other evidence of the issue to assist in our assessment. Our ability to resolve complaints may be limited if significant time has passed, if the garden has been altered by others, or if subsequent weather or maintenance conditions have affected the outcome.
15. Data Protection and Privacy
We collect and process personal information such as your name, address and contact details solely for the purpose of managing bookings, providing services, handling invoices and communicating with you. We take reasonable steps to keep this information secure and to use it only for legitimate business purposes.
We do not sell your personal information to third parties. We may share your information with our staff, contractors and professional advisers where necessary for the performance of the services or to comply with legal obligations.
16. Force Majeure
We are not liable for any delay or failure to perform our obligations where such delay or failure is due to circumstances beyond our reasonable control, including but not limited to extreme weather, natural disasters, pandemics, strikes, transport disruptions, utility failures, acts of government or other events that make performance impracticable or unsafe.
17. Variation of Terms
We may update or amend these Terms and Conditions from time to time. The version in force at the time of your booking will apply to that booking. Where changes are material and affect ongoing maintenance contracts, we will provide reasonable notice and the opportunity for you to terminate the arrangement if you do not accept the revised terms.
18. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the provision of services by Gardeners Gipsy Hill, shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or relating to these Terms and Conditions or the services we provide, subject to any mandatory rights you may have as a consumer to bring proceedings in your local jurisdiction.
19. Entire Agreement
These Terms and Conditions, together with any written quotation, service description or booking confirmation issued by us and accepted by you, constitute the entire agreement between you and Gardeners Gipsy Hill in relation to the services provided. They supersede any prior understandings or representations, whether oral or written, relating to the subject matter.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or competent authority, the remaining provisions shall remain in full force and effect.