Gardeners East Finchley Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners East Finchley provides gardening and related services to residential and commercial customers in our service area. By booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.

Definitions

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

Client means the individual or business who books or receives services from Gardeners East Finchley.

Company means Gardeners East Finchley and any gardeners, subcontractors or employees engaged by us to deliver the services.

Services means gardening, grounds maintenance, clearance, planting, lawn care, hedge cutting, pruning, seasonal tidy ups and any other work agreed in writing between the Client and the Company.

Service Area means the geographic areas in which the Company offers its gardening services, generally including East Finchley and nearby neighbourhoods, as updated from time to time by the Company.

Agreement means the contract formed between the Client and the Company when a booking is accepted by the Company, subject to these Terms and Conditions.

Scope of Services

The Company provides a range of gardening services, which may include regular maintenance, one off garden tidy ups, soft landscaping, lawn care and related works. The precise scope of the Services will be as set out in the quotation, booking confirmation, or other written description agreed with the Client.

The Company reserves the right to refuse work that it considers unsafe, unsuitable for our skills, outside our Service Area, or otherwise not feasible. Any changes or additions to the agreed scope of Services must be agreed in advance and may result in additional charges.

Booking Process

Clients may request a booking by contacting the Company and providing details of the garden, property access, required services, preferred dates and any specific instructions. The Company may request photographs, property details or a site visit to assess the work before confirming a booking or providing a quotation.

A booking is not confirmed until the Company has accepted the request and, where applicable, the Client has accepted any quotation or estimate provided. Acceptance may be communicated in writing or verbally and will form the Agreement between the Client and the Company, subject to these Terms and Conditions.

For certain services, the Company may require a deposit or prepayment as a condition of confirming the booking. Any such requirement will be communicated to the Client at the time of booking.

Quotations and Estimates

Any quotation or estimate provided by the Company is based on the information available at the time and is typically valid for a limited period specified by the Company. If no period is specified, quotations will generally be valid for 30 days from the date of issue.

Quotations are given on the assumption that the site is as described by the Client and that there are no hidden obstructions or additional work required. If, upon arrival, the Company finds that the conditions are different from those described, the Company reserves the right to revise the quotation, adjust the price or decline the work.

Where work is charged on an hourly or day rate basis, the final price will be calculated according to the actual time spent on site, subject to any minimum charge communicated to the Client.

Access and Client Responsibilities

The Client is responsible for providing safe and reasonable access to the property and garden at the agreed time. This includes ensuring that gates, doors and any security systems are arranged so that the Company can enter and carry out the Services.

The Client must inform the Company in advance of any hazards, restrictions, pets, parking limitations, or special considerations that may affect the Services. The Client is responsible for securing pets and for ensuring that children and other occupants remain at a safe distance from tools, machinery and working areas while the Services are being carried out.

If the Company is unable to access the property or safely perform the Services due to circumstances within the Client's control, the Company may charge a call out fee or apply a cancellation charge as set out in the Cancellations section below.

Health and Safety

The Company will take reasonable care to work safely and in accordance with relevant health and safety standards. The Client agrees not to instruct the Company to perform any task that is unsafe, beyond normal gardening practice, or inconsistent with applicable regulations.

Use of ladders, power tools and machinery is at the discretion of the Company, and work at height or on unstable ground will only be undertaken where the Company considers it safe to do so. Adverse weather conditions, such as heavy rain, storms or extreme heat, may lead to postponement or modification of the Services for safety reasons.

Materials, Plants and Equipment

Unless otherwise agreed, the Company will provide its own tools and equipment to carry out the Services. If the Client requests the Company to use tools or equipment supplied by the Client, this will be at the Client's risk, and the Company accepts no liability for any failure, damage or defect arising from such equipment.

Where materials, plants or consumables are supplied by the Company, the cost will either be included within an agreed fixed price or charged separately as specified in the quotation or booking confirmation. The Company will take reasonable care in sourcing and handling materials and plants but cannot guarantee plant survival or performance, as this is dependent on factors beyond our control, including weather, soil conditions and aftercare by the Client.

Payments and Charges

The Client agrees to pay the Company for the Services at the rates and on the terms agreed at the time of booking or as set out in the quotation or invoice. All prices are quoted in pounds sterling and may be subject to applicable taxes as required by law.

Payment terms will be specified in the booking confirmation or invoice. Unless otherwise stated, payment is due on completion of the Services for one off visits, or on the agreed schedule for ongoing maintenance contracts. The Company may, at its discretion, require partial or full payment in advance for certain types of work.

If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate and to suspend or cancel further Services until payment is received. The Client will be responsible for any costs incurred in recovering overdue payments, including reasonable legal and administrative costs.

Cancellations and Rescheduling

If the Client wishes to cancel or reschedule a booking, the Client must give the Company as much notice as reasonably possible. The Company may specify a minimum notice period for cancellations, which will typically be at least 24 hours before the scheduled visit for standard maintenance, and longer for larger projects or works involving special ordering of materials or plants.

Where the Client cancels a booking with less than the required notice, the Company reserves the right to charge a cancellation fee, which may be up to the full amount of the expected charge for that visit, particularly where the Company has incurred costs or lost the opportunity to undertake alternative work.

The Company may need to cancel or reschedule visits due to weather conditions, staff illness, equipment failure or other circumstances beyond its reasonable control. In such cases, the Company will endeavour to provide as much notice as possible and to offer an alternative date. The Company will not be liable for any loss or inconvenience arising from such cancellations or rescheduling, beyond refunding any prepayments for services not provided.

Waste Regulations and Garden Waste

The Company will handle garden waste in accordance with applicable waste regulations. Unless otherwise agreed, the Company will cut, prune, weed and clear as part of the Services but may leave garden waste neatly bagged or piled within the Client's garden for disposal by the Client using their own green waste or refuse arrangements.

If the Client wishes the Company to remove green waste from the property, this must be agreed in advance and may incur an additional charge, reflecting disposal fees, transport time and handling. The Company will inform the Client of any such costs before carrying out waste removal.

The Company is not responsible for removing non garden waste, such as household rubbish, building materials, soil from major excavations or hazardous substances, unless this has been specifically agreed in writing. The Client must not ask the Company to remove or dispose of any materials in a way that would breach local waste regulations or environmental laws.

Standards of Work and Complaints

The Company aims to provide Services with reasonable care and skill. If the Client is dissatisfied with any aspect of the work, the Client should raise the issue with the Company as soon as possible, preferably within 48 hours of the visit, so that the Company has an opportunity to inspect and, where appropriate, remedy the issue.

Any complaints or concerns should be described clearly, including the date of the visit, the work undertaken and the specific aspects that the Client considers unsatisfactory. The Company will investigate and respond within a reasonable timeframe, and may offer to rectify the work where it considers that the complaint is justified.

Liability and Limitations

The Company will exercise reasonable care when working on the Client's property. However, gardening work may involve the use of tools, machinery and plant treatments, as well as movement through garden areas where plants, ornaments or other items are present.

The Company will not be liable for minor or cosmetic damage to lawns, beds or existing plants that is incidental to the normal performance of the Services, nor for damage arising from pre existing weaknesses, decay, instability or defects in structures, surfaces, plants or installations on the property.

The Client is responsible for notifying the Company in advance of any underground cables, pipes, irrigation systems, or other hidden services that might be affected by digging, edging or other work. The Company accepts no liability for damage to such services where it has not been informed of their presence or location.

The Company will not be liable for any indirect, consequential or economic loss, including loss of enjoyment or loss of profit, arising out of or in connection with the Services. To the fullest extent permitted by law, the Company's total liability to the Client for any claim arising from the Services shall be limited to the amount paid or payable by the Client for the specific visit or project giving rise to the claim.

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Weather and Seasonal Factors

Gardening work is influenced by weather, soil conditions and seasonal variations. Timeframes for completion, plant establishment and lawn recovery are indicative only and may vary. The Company cannot guarantee particular results with regard to plant growth, lawns or borders, as these depend significantly on aftercare and environmental factors beyond the Company's control.

Where the Company provides advice on watering, feeding or garden care, such advice is given in good faith. The Client is responsible for following this advice and for ongoing maintenance between visits, unless separate arrangements have been agreed for regular maintenance by the Company.

Insurance

The Company will maintain appropriate public liability insurance for the nature of the gardening services it provides. Evidence of insurance can be made available to Clients on reasonable request. The Client is responsible for maintaining their own buildings and contents insurance in respect of the property where the Services are performed.

Data Protection and Privacy

The Company may collect and store personal information about Clients, such as names, addresses, service details and payment information, for the purpose of managing bookings, providing Services and administering the business. The Company will take reasonable steps to keep such information secure and will not share it with third parties except where necessary to deliver the Services, process payments, comply with legal obligations or enforce these Terms and Conditions.

Amendments to Terms and Conditions

The Company may amend these Terms and Conditions from time to time to reflect changes in law, business practices or the range of Services offered. The latest version will apply to new bookings from the date of publication. For ongoing maintenance agreements, the Company will inform Clients of any material changes that may affect their existing arrangements.

Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, 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 in connection with these Terms and Conditions or their subject matter, save that if the Client is a consumer residing elsewhere in the United Kingdom, the Client may also bring proceedings in the courts of their home jurisdiction as permitted by law.

Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with any quotation, booking confirmation or written variation agreed between the Client and the Company, constitute the entire agreement between the parties in relation to the Services. The Client acknowledges that they have not relied on any statement, promise or representation that is not set out in this Agreement.