Gardeners Bloomsbury Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Bloomsbury to you as a client. By booking or using any of our services, 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 have the meanings set out below:

Client means the person or organisation requesting and paying for the services.

Company, we, us, our means Gardeners Bloomsbury.

Services means gardening and related services provided by the Company, including but not limited to garden maintenance, planting, lawn care, pruning, soft landscaping and associated works.

Site means the garden, outdoor area or premises at which the Services are to be provided.

Contract means the agreement between the Client and the Company for the supply of Services, incorporating these Terms and Conditions and any written quotation or confirmed booking.

2. Scope of Services

The Services will be as described in our quotation, written communication or booking confirmation. The Company will use reasonable skill and care in delivering the Services and will perform them in a professional manner consistent with practices in the gardening and horticulture sector.

Any descriptions of plants, materials, products or outcomes are given as a general guide only. Growth, flowering, longevity and overall performance of plants or lawns depend on factors beyond our control, including weather conditions, soil, pests, diseases and the level of ongoing care provided by the Client.

The Company reserves the right to make minor changes to the specification of the Services where necessary to comply with legal, safety or horticultural best practice requirements, or to address site conditions that become apparent once work has commenced.

3. Booking Process

Bookings may be requested by the Client in writing or through other agreed communication channels. A booking is not confirmed until the Company has issued a written quotation or confirmation and the Client has accepted it, either expressly in writing or by paying any required deposit.

For one-off or project-based work, we may provide a quotation based on information given by the Client and, where appropriate, a site visit. Quotations are normally valid for a limited period as stated on the quotation. If no validity period is stated, quotations will be valid for 30 days from the date of issue.

For regular maintenance services, we may agree a schedule of visits, including estimated duration and frequency. While we aim to adhere to the agreed schedule, dates and times are indicative and may be subject to change due to weather, operational requirements or other circumstances beyond our reasonable control.

The Client is responsible for ensuring that all information provided to the Company is accurate and complete. If any information is incomplete or inaccurate, we may need to revise the quotation, adjust the Services or cancel the booking in accordance with these Terms and Conditions.

4. Access and Site Conditions

The Client must provide safe and reasonable access to the Site at the agreed times for the duration of the Services. This includes access through any gates, communal areas, driveways or internal routes needed to reach the garden or outdoor space.

The Client must inform us of any hazards, restrictions, protected trees, underground services, or other relevant site information before the Services commence. The Company is not liable for any delay, additional cost or damage arising from the Client's failure to provide accurate information.

If we arrive at the Site and are unable to gain access, or if the Site is not in a safe condition for work to proceed, we may at our discretion either charge a call-out fee or treat the appointment as cancelled by the Client and apply the relevant cancellation terms.

5. Materials, Plants and Substitutions

Where the Services include the supply of plants, materials, turf, compost, fertiliser or similar goods, these items will remain the property of the Company until paid for in full. Risk in such items passes to the Client upon delivery to the Site or incorporation into the garden, whichever occurs first.

All plant descriptions and images, where provided, are illustrative. Variations in colour, size, shape or flowering may occur. Some plants may be supplied in a dormant or non-flowering state depending on the season.

In the event that specified plants or materials are unavailable, we reserve the right to provide reasonable alternatives of similar type and quality, after discussing any significant changes with the Client where practicable.

6. Fees, Deposits and Payment Terms

The price for the Services will be as set out in our quotation or booking confirmation. Prices may be quoted as a fixed fee, a day or hourly rate, or a combination of both, depending on the nature of the work.

The Company may require a deposit prior to commencing the Services, particularly for larger projects or where plants and materials must be purchased in advance. The amount and timing of any deposit will be stated in the quotation or confirmation. Deposits are generally non-refundable once the Company has incurred costs specifically related to the Client's booking.

Unless otherwise agreed in writing, payment for one-off work is due on completion of the Services, and payment for regular maintenance is due after each visit or in accordance with an agreed invoicing schedule.

Payment must be made using an accepted payment method as notified by the Company. The Client is responsible for any bank or payment provider charges incurred when making payment to the Company.

If payment is not received by the due date, the Company reserves the right to suspend further Services until payment is made and to charge interest on overdue amounts at the maximum rate permitted by applicable law, calculated on a daily basis from the due date until payment is received in full.

7. Cancellations and Rescheduling by the Client

The Client may request to cancel or reschedule a booking by giving the Company reasonable notice in writing or through an agreed communication method. For regular maintenance visits, we ask for at least 48 hours' notice where possible. For larger projects or full-day bookings, longer notice may be required, as specified in the quotation or confirmation.

Where adequate notice is given, we will use reasonable efforts to reschedule the Services to a mutually convenient date. If the Client cancels a booking with insufficient notice, we may charge a cancellation fee which may be based on a proportion of the quoted price or a minimum call-out charge, reflecting time reserved and costs incurred.

If the Client cancels a project after a deposit has been paid and the Company has already purchased materials, plants or committed resources, the Company may retain all or part of the deposit to cover these costs and any other reasonable losses resulting from the cancellation.

8. Cancellations and Changes by the Company

The Company may need to cancel or reschedule Services due to adverse weather, staff illness, access issues, supply problems, safety concerns or other circumstances beyond our reasonable control. In such cases, we will notify the Client as soon as reasonably possible and offer an alternative date.

If we have to make significant changes to the scope or timing of the Services and these are not acceptable to the Client, the Client may cancel the affected part of the Contract and, where applicable, receive a refund of any amounts paid in advance for Services not yet performed or materials not yet supplied, subject to deductions for costs reasonably incurred.

The Company reserves the right to refuse or terminate a Contract where the Client acts in an abusive, threatening or otherwise unreasonable manner towards our staff, or where we reasonably believe that continuing to provide the Services would pose a risk to safety or property. In such cases, the Company may charge for work already carried out and for any costs incurred.

9. Client Responsibilities and Ongoing Care

The long-term success of any garden work depends on ongoing care, including watering, feeding, pruning, mowing, pest control and general maintenance. Unless the Company has been expressly contracted to provide ongoing maintenance, responsibility for ongoing care rests with the Client.

We may offer general guidance on aftercare, but it is the Client's responsibility to follow any instructions provided. The Company cannot guarantee the survival or performance of plants, turf or lawns where recommended maintenance steps are not followed or where environmental conditions are unfavourable.

10. Waste Removal and Environmental Regulations

Garden work may generate green waste such as cuttings, branches, turf, soil and other organic matter, as well as non-organic waste such as packaging or old fixtures. Our standard quotations will specify whether waste removal is included or whether it is the Client's responsibility to arrange disposal.

Where waste removal is included, the Company will handle garden waste in accordance with applicable waste management and environmental regulations. This may involve using licensed waste carriers or designated disposal facilities, and associated fees will be reflected in our pricing.

The Client must not request the Company to dispose of waste in a manner that breaches legal requirements, such as fly-tipping or burning waste where prohibited. The Company reserves the right to refuse any request that would result in non-compliance with waste, environmental or health and safety regulations.

11. Health and Safety

The Company is committed to operating in a safe and responsible manner. We will take reasonable steps to manage risks associated with tools, machinery, chemicals and working practices, and to comply with relevant health and safety legislation.

The Client must ensure that children, pets and other persons at the Site are kept at a safe distance from the work area and equipment while Services are being carried out. The Client must not interfere with tools, machinery or materials left on site and must follow any safety instructions given by our staff.

12. Liability and Limitations

The Company will be liable for direct loss or damage to property caused by our negligence or breach of contract, subject to the limitations set out in this clause. We will take reasonable care to avoid damage to paths, structures, fences and other features, but some minor disturbance may be unavoidable when carrying out gardening or landscaping work.

Our total liability to the Client arising out of or in connection with the Contract, whether in contract, tort including negligence or otherwise, will not exceed the total price paid or payable for the Services under that Contract, except where such limitation is not permitted by law.

We are not liable for any indirect or consequential loss, loss of enjoyment, loss of anticipated savings or loss of use arising out of or in connection with the Services. We are not responsible for any damage caused by existing structural defects, concealed services, unstable walls, poor ground conditions or other hidden issues that were not reasonably apparent before work commenced.

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other matter where liability cannot be excluded or limited under applicable law.

13. Guarantees and Plant Health

Unless expressly stated in writing, the Company does not provide a guarantee that plants, turf or lawns supplied as part of the Services will thrive for a particular period. Plant performance is influenced by factors such as weather, pests, diseases, soil quality and aftercare, which are outside our control once the work is completed.

If the Client has concerns about the condition of newly supplied plants or turf shortly after installation, the Client should inform the Company promptly so that we can, where possible, visit the Site to assess the situation. Any decision to replace plants or materials will be at the Company's discretion, taking into account the circumstances and whether recommended care instructions have been followed.

14. Intellectual Property

Any garden designs, planting schemes, plans, drawings, photographs or written materials produced by the Company in connection with the Services remain the intellectual property of the Company unless expressly assigned in writing. The Client may use such materials solely for the purpose of enjoying and maintaining the garden at the Site and may not reproduce, sell or license them without our written consent.

15. Data Protection and Privacy

The Company will collect and process certain personal data from the Client, such as name, address and contact details, for the purposes of managing bookings, providing Services, invoicing and complying with legal obligations. We will handle personal data in accordance with applicable data protection laws and use it only for legitimate business purposes related to the provision of our Services.

16. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as reasonably possible so that we can attempt to address the issue. We may request reasonable access to the Site to inspect any alleged defect or shortcoming.

The Company will work with the Client in good faith to resolve complaints promptly and fairly. If a dispute cannot be resolved informally, the parties may consider mediation or other alternative dispute resolution methods before pursuing legal action, where appropriate.

17. Amendments to These Terms

The Company may update these Terms and Conditions from time to time to reflect changes in law, industry practice or the way we provide our Services. The version in force at the time you make a booking will apply to that Contract, unless a change is required by law or regulatory authority, in which case the updated terms may apply immediately.

18. Governing Law and Jurisdiction

These Terms and Conditions, and any Contract between the Client and the Company, are governed by and shall be construed in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.

19. Severability and Entire Agreement

If any provision of these Terms and Conditions is held by a court or competent authority to be invalid, illegal or unenforceable, that provision shall be deemed deleted, but the validity and enforceability of the remaining provisions shall not be affected.

These Terms and Conditions, together with any written quotation or booking confirmation provided by the Company, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior understandings or representations, whether oral or written.