020 3744 3778Gardeners Sands End Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Sands End provides gardening and related services to residential and commercial clients in the United Kingdom. By making a booking or instructing Gardeners Sands End to carry out any work, 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 shall have the following meanings:
Client means the individual, company or organisation that requests services from Gardeners Sands End.
Company means Gardeners Sands End, the provider of gardening and related services.
Services means any gardening, garden maintenance, soft landscaping, planting, lawn care, hedge trimming, pruning, clearance, domestic outdoor work, and any other related services provided by the Company.
Booking means a confirmed request for Services made by the Client and accepted by the Company.
Contract means the agreement between the Client and the Company comprising these Terms and Conditions and any written quotation or order confirmation issued by the Company.
2. Scope of Services
The Company provides a range of gardening and outdoor maintenance services, which may include routine maintenance, one-off tidy ups, planting, soft landscaping, lawn and hedge care, seasonal work, and garden clearance. The exact scope of Services will be agreed with the Client at the time of booking and may be confirmed in writing, including any quotation or service description.
The Company reserves the right to refuse or discontinue Services where the work requested is unsafe, unlawful, unsuitable for the Company’s expertise, or where access to the property is not reasonably available.
3. Booking Process
3.1 The Client may request a quotation or make a booking by contacting the Company and providing details of the property, required Services, preferred dates, and any relevant access information.
3.2 Any quotation provided by the Company is an invitation to treat and not a binding offer. A Contract is formed only when the Company confirms acceptance of the booking, which may be done verbally or in writing.
3.3 The Company may require photographs, measurements, or a site visit before confirming a quotation or booking. Quotations are based on the information available at the time and may be subject to amendment if the actual conditions differ materially from those described or shown by the Client.
3.4 The Client is responsible for ensuring that all information provided to the Company is accurate and complete. Any changes to the required Services, access arrangements, or property conditions must be notified to the Company as soon as reasonably practicable.
3.5 Bookings are subject to availability. The Company will use reasonable efforts to meet any preferred dates and times but does not guarantee specific appointment times unless expressly agreed in writing.
4. Site Access and Client Obligations
4.1 The Client shall ensure that the Company and its staff or subcontractors have safe and reasonable access to the property and the areas where the Services are to be carried out for the duration of the booking.
4.2 The Client must ensure that any gates are unlocked, access codes are provided, and pets are secured. Where access is not available at the agreed time, the Company may treat the visit as a cancellation by the Client and apply the relevant charges.
4.3 The Client shall notify the Company of any known hazards, restrictions, utilities, cables, pipes, or other potential risks at the property that may affect the safe provision of the Services.
4.4 The Client is responsible for obtaining and maintaining any necessary consents, approvals, or permissions required for the Services, including from landlords, neighbours, or local authorities, where applicable.
5. Pricing, Quotations and Additional Work
5.1 Prices for Services may be based on an hourly rate, a fixed fee, or a combination of both, as confirmed by the Company at the time of booking.
5.2 Quotations are typically valid for a limited period, which will be confirmed by the Company. The Company reserves the right to revise prices if the quotation has expired or if circumstances have materially changed.
5.3 If, during the course of the Services, it becomes apparent that additional work is required or that the scope differs significantly from that originally agreed, the Company will inform the Client and may provide an updated quotation. Any additional work will be carried out only with the Client’s consent, express or implied.
5.4 The Company may charge for materials, plants, turf, equipment hire, disposal fees, and other expenses in addition to labour, where applicable. Such costs will be indicated in the quotation or otherwise agreed with the Client.
6. Payments and Invoicing
6.1 Unless otherwise agreed, payment for Services is due upon completion of the work or in accordance with the payment terms specified on the invoice or quotation.
6.2 The Company may require a deposit or prepayment, particularly for larger projects, substantial material orders, or new Clients. Any deposit requirements will be communicated before the booking is confirmed.
6.3 Payment methods will be specified by the Company and may include bank transfer or other agreed methods. Cash may be accepted only if expressly agreed and recorded by the Company.
6.4 If the Client fails to make any payment by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate permitted under UK law and to suspend further Services until all outstanding sums are paid in full.
6.5 In the case of regular maintenance contracts, invoices may be issued on a per-visit, weekly, monthly, or other periodic basis as agreed with the Client. The Client remains responsible for ensuring payments are made on time.
7. Cancellations, Rescheduling and No-Show
7.1 The Client may cancel or reschedule a booking by giving the Company reasonable notice. Unless otherwise agreed, at least 48 hours’ notice before the scheduled start time is required to avoid cancellation charges.
7.2 Where the Client cancels a visit with less than 48 hours’ notice, the Company may charge a cancellation fee, which may be up to the full value of the booked visit, to cover time allocated and any costs incurred.
7.3 If the Company attends the property and is unable to gain access, or the site is not in a suitable condition for work to proceed, the visit may be treated as a cancellation by the Client and cancellation charges may apply.
7.4 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. In such cases, the Company will endeavour to provide as much notice as possible and to agree a new appointment date with the Client. No liability shall attach to the Company for such cancellations or rescheduling beyond a refund of any prepayments for work not carried out.
8. Weather and Seasonal Conditions
8.1 Many gardening tasks are weather and season dependent. The Company will advise where certain work is not advisable or may be ineffective at a particular time of year or under certain weather conditions.
8.2 The Company reserves the right to postpone or modify the planned work if weather conditions make it unsafe, impractical, or significantly detrimental to the quality of the work, the plants, or the property.
9. Materials, Plants and Guarantees
9.1 Where the Company supplies plants, turf or other living materials, their performance and survival will depend on ongoing care, weather, soil conditions, pests, diseases, and other factors beyond the Company’s control.
9.2 The Company will exercise reasonable skill and care in selecting and installing plants and materials but does not guarantee the long-term survival, growth, or appearance of any plants or turf once the work has been completed and the Client has taken responsibility for aftercare.
9.3 Any manufacturer guarantees for materials or products provided by the Company will be passed on to the Client where permitted, subject to the terms of such guarantees.
10. Waste Handling and Regulations
10.1 The Company will follow applicable UK waste regulations when handling and disposing of green waste and other materials arising from the provision of the Services.
10.2 Unless expressly included in the quotation or agreed in advance, the Company is not obliged to remove green waste, soil, rubble, or other debris from the site. In such cases, waste may be neatly bagged or left in a designated area on the Client’s property for the Client to dispose of.
10.3 Where waste removal is included or requested, the Company may charge additional fees based on volume, weight, type of waste, and disposal costs. Any such charges will be communicated to the Client.
10.4 The Company will not transport or dispose of hazardous, contaminated, or prohibited waste. If such materials are encountered, the Company may suspend the work and advise the Client to arrange appropriate specialist disposal.
11. Health and Safety
11.1 The Company will use reasonable endeavours to ensure that Services are carried out safely and in accordance with relevant health and safety requirements.
11.2 The Client agrees not to interfere with or misuse any equipment or materials used by the Company and to ensure that children, pets, and visitors are kept at a safe distance from the areas where work is being carried out.
11.3 The Company may refuse to carry out work where it reasonably considers that conditions are unsafe, including where there are aggressive animals, dangerous structures, or other hazards.
12. Liability and Limitations
12.1 The Company will provide the Services with reasonable skill and care in accordance with UK consumer and commercial law.
12.2 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot lawfully be limited or excluded under UK law.
12.3 Subject to the above, the Company shall not be liable for any indirect or consequential loss, loss of profit, loss of enjoyment, loss of use, or loss of opportunity arising out of or in connection with the Services or the Contract.
12.4 The Company’s total aggregate liability to the Client in respect of all claims arising out of or in connection with any Contract shall, to the extent permitted by law, be limited to the total amount paid or payable by the Client to the Company for the specific Services giving rise to the claim.
12.5 The Company shall not be liable for damage to plants, lawns, structures, or property where such damage arises from pre-existing conditions, undisclosed hazards, hidden obstructions, pests, diseases, extreme weather, or events outside the Company’s reasonable control.
12.6 The Client is responsible for securing or removing any fragile, high-value, or easily damaged items from the work area. The Company will not be responsible for damage to such items that should reasonably have been moved or protected by the Client.
13. Complaints and Disputes
13.1 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 the work being carried out. The Company will investigate the issue and may, at its discretion, revisit the site to assess and, where appropriate, rectify the problem.
13.2 The Client shall allow the Company a reasonable opportunity to put right any alleged defects or shortcomings before seeking remedies from third parties or withholding payment.
13.3 Any disputes arising out of or in connection with these Terms and Conditions or the Services shall, in the first instance, be discussed in good faith between the parties with a view to reaching an amicable resolution.
14. Intellectual Property and Photographs
14.1 Any design, layout, planting plan, or other creative work produced by the Company remains the intellectual property of the Company unless otherwise agreed in writing.
14.2 The Company may, with the Client’s consent where required by law, take photographs of the garden or outdoor areas before, during, and after the Services for records, portfolio, or marketing purposes. The Company will not identify the Client by name or disclose the full address in any published images without explicit permission.
15. Data Protection and Privacy
15.1 The Company will collect and use personal information provided by the Client, such as name, address, and contact details, only as necessary to manage bookings, deliver Services, handle payments, and communicate with the Client.
15.2 The Company will take reasonable steps to keep Client information secure and will not sell or share personal data with unrelated third parties except where required for legal, accounting, or operational purposes, or where required by law.
16. Force Majeure
16.1 The Company shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control. Such events may include extreme weather, flooding, drought, storms, pandemics, strikes, breakdown of equipment, or other unforeseen events.
16.2 In such circumstances, the Company will use reasonable efforts to minimise the effect of the event and to resume Services as soon as reasonably practicable.
17. Amendments to Terms and Conditions
17.1 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 shall apply to that Contract.
17.2 The latest version of these Terms and Conditions will be made available by the Company upon request.
18. Governing Law and Jurisdiction
18.1 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.
18.2 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.
19. Severability
19.1 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
19.2 Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the remaining provisions.
20. Entire Agreement
20.1 These Terms and Conditions, together with any written quotation or order confirmation issued by the Company, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions, correspondence, or understandings.
20.2 The Client acknowledges that they have not relied upon any statement, promise, or representation made or given by or on behalf of the Company which is not set out in these Terms and Conditions or confirmed in writing.
