Gardeners Elephant and Castle Terms and Conditions
These Terms and Conditions set out the basis on which we provide gardening services to residential and commercial customers in Elephant and Castle and the surrounding area. By making a booking, accepting a quotation, or allowing us to begin work, you agree to these Terms and Conditions. Please read them carefully before using our services.
1. About Our Services
We provide a range of gardening and related outdoor maintenance services, which may include lawn care, hedge trimming, planting, pruning, weeding, seasonal tidy-ups, garden clearance, pressure washing where agreed, and other routine garden maintenance tasks. The exact services to be provided will depend on the quotation, estimate, or written agreement issued for each job.
We aim to deliver our services with reasonable care and skill and in accordance with the information provided by you at the time of booking. Any advice we give about plants, lawns, soil conditions, or maintenance is based on the information available at the time and should be treated as guidance rather than a guarantee of results.
2. Booking Process
You may request a booking by contacting us through the methods made available on our website or through our usual business channels. A booking is not confirmed until we have accepted it and, where required, agreed the date, scope of work, and any relevant price estimate or quotation.
Before work starts, we may ask for details about the size and condition of the garden, access arrangements, parking restrictions, water supply, waste removal requirements, pets, or any other matters that may affect the work. You agree to provide accurate and complete information. If the information you provide is incomplete or incorrect, we may need to revise the quotation, reschedule the work, or decline the job.
Any date or time given for attendance is an estimate unless we have expressly agreed otherwise. We will make reasonable efforts to attend on the agreed day, but traffic, weather, staff availability, or unexpected site conditions may cause delays. Where possible, we will notify you of material changes to the scheduled visit.
3. Quotations and Scope of Work
Quotations are based on the information available when the quotation is prepared. If the site conditions differ from those described, or if additional work is requested once the job has started, we may revise the price accordingly. This may include work required because of hidden waste, overgrown areas, difficult access, excessive garden waste, or unforeseen hazards.
Unless stated otherwise, quotations do not include the cost of specialist materials, permits, parking charges, disposal fees, heavy equipment hire, or work outside the agreed scope. If additional charges are likely to apply, we will explain these before proceeding where reasonably possible.
4. Your Responsibilities
You must ensure that the area where work is to take place is reasonably safe and accessible. This includes making us aware of any buried cables, underground pipes, fragile structures, hidden hazards, aggressive animals, or unsafe areas. You should also secure valuables and remove items you do not want to be disturbed or moved.
If access to the property is restricted, you must arrange suitable access in advance. If we are unable to complete the work because access is not available, or because the site is unsafe, we may charge a call-out fee or a portion of the agreed price to cover lost time and costs.
5. Payments
Payment terms will be confirmed at the time of booking or on the quotation. Unless otherwise agreed in writing, payment is due on completion of the work or within the period stated on the invoice. We may request part payment in advance for larger jobs, garden clearance, recurring maintenance plans, or where materials are ordered specifically for your project.
You must pay all sums due in full without set-off, deduction, or withholding unless required by law. If payment is not made by the due date, we reserve the right to charge interest on overdue amounts at the statutory rate applicable under the Late Payment of Commercial Debts legislation where relevant, or otherwise at the rate permitted by law. We may also suspend further services until outstanding invoices are paid.
Any agreed estimate or quotation is based on current costs and may change if the work is delayed, altered, or extended beyond the original scope. Where applicable, VAT will be charged at the relevant rate.
6. Cancellations and Rescheduling
If you wish to cancel or reschedule a booking, you must give us reasonable notice. For standard appointments, we ask for at least 24 hours’ notice. For larger projects, clearance work, or appointments requiring materials or specialist arrangements, longer notice may be required.
If you cancel with insufficient notice, we may charge a cancellation fee to cover labour time, travel, administration, and any non-refundable costs we have already incurred. If we have purchased materials or arranged disposal services specifically for your job, you may be liable for those costs if the order cannot reasonably be cancelled or reused.
We may cancel or reschedule a booking where weather conditions, safety concerns, staff illness, equipment failure, or other matters beyond our reasonable control make it impractical to carry out the work as planned. In such cases, we will try to rearrange the appointment for a suitable alternative date.
7. Waste Removal and Regulations
Where we remove garden waste, we will do so in accordance with applicable waste handling and environmental regulations. Garden waste may include grass cuttings, leaves, branches, soil, compostable material, and other green waste generated during the agreed work. We will take reasonable care to separate and dispose of waste responsibly.
Unless specifically agreed, we do not remove non-garden waste, hazardous materials, construction rubble, asbestos, chemicals, contaminated soil, broken glass, electrical items, or general household refuse. If such items are discovered on site, we may pause the work and discuss options with you. Additional disposal charges may apply where waste volumes are greater than expected or where specialist handling is required.
You are responsible for informing us of any materials that may pose a risk to health, safety, or compliance. We reserve the right to refuse to handle any waste that we consider unsafe, unlawful to transport, or inappropriate for standard garden waste disposal.
8. Materials, Plants, and Substitutions
If we supply plants, soil, compost, mulch, or other materials, any specifications will be as agreed with you and may be subject to seasonal availability. Where a named product is unavailable, we may suggest a reasonable alternative of similar quality and value. Any live plant material is subject to natural variation and may not be identical in size, shape, or colour to examples seen elsewhere.
We cannot guarantee the survival or performance of plants after installation where factors outside our control affect them, including weather, watering, pests, disease, soil conditions, or subsequent maintenance by others. Any aftercare recommendations should be followed to improve the likelihood of healthy growth.
9. Liability and Limitations
We will carry out our services with reasonable care and skill. If we fail to do so, and you suffer loss or damage as a direct result, we will be responsible for foreseeable loss or damage caused by our proven breach of contract or negligence, subject to the limits set out in these Terms and Conditions.
We are not responsible for loss or damage caused by matters beyond our control, including adverse weather, pre-existing defects, hidden conditions, poor-quality prior work, subsidence, structural failure, or damage caused by pests, disease, or other natural causes. We are also not liable for damage resulting from your failure to disclose relevant information or from items left in the work area.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded by law.
To the fullest extent permitted by law, our total liability for any single claim or series of related claims arising from the same event shall not exceed the amount paid or payable for the specific service giving rise to the claim, except where the law requires otherwise.
10. Complaints and Remedies
If you are dissatisfied with any aspect of our service, please raise the issue with us as soon as possible so that we can investigate. Where appropriate, we may offer to return and correct the work, provide a partial refund, or propose another reasonable solution. We will consider complaints fairly and on their merits, taking into account the scope of the original work and the condition of the site at the time the service was performed.
11. Changes to These Terms
We may update these Terms and Conditions from time to time to reflect changes in law, business practice, service offerings, or operational requirements. The version in force at the time of your booking will normally apply to that booking unless a change in law requires otherwise.
12. Data and Privacy
We will use the personal information you provide only for legitimate business purposes connected with delivering our services, managing bookings, processing payments, maintaining records, and handling enquiries or complaints. We will take reasonable steps to protect your information and handle it in accordance with applicable data protection laws.
13. Governing Law
These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms and Conditions, or our services, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. General Provisions
If any part of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, the remaining provisions will continue in full force and effect. A failure by us to enforce any right or provision under these Terms and Conditions shall not be treated as a waiver of that right or provision.
These Terms and Conditions, together with any quotation or written agreement we provide, form the basis of the contract between you and us for the relevant services. No one other than you and us has any right to enforce any part of these Terms and Conditions.
