Gardeners Downham Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Downham provides gardening and related services. By making a booking or allowing work to proceed, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.

1. Definitions and Interpretation

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

Client means the individual or business requesting and authorising the services provided by Gardeners Downham.

Company, we or us means Gardeners Downham, the provider of gardening and related services.

Services means any gardening, garden maintenance, clearance, landscaping, lawn care, planting, hedge cutting, pressure washing, or other outdoor services that the Company agrees to provide to the Client.

Booking means a request by the Client, accepted by the Company, for Services to be carried out at a specified property, date and time or within an agreed time frame.

Property means the garden, land, exterior area and any access routes at the address where the Services are to be provided.

Contract means the legally binding agreement between the Client and the Company comprising these Terms and Conditions and the confirmed Booking details.

2. Scope of Services

The Company provides gardening and related outdoor services tailored to residential and commercial properties in its operational area. The specific scope of work for each Booking will be agreed in advance with the Client, either as a one-off service or as part of an ongoing maintenance schedule.

Any description of Services given verbally, in writing or on promotional materials is for general guidance only. The exact Services to be carried out will be as stated in the Booking confirmation, quotation or agreed work schedule. The Company reserves the right to reasonably adjust the method or sequence of work where necessary to achieve the agreed outcome or to respond to site conditions.

3. Booking Process

Bookings may be requested by the Client through the Company’s accepted communication channels. A Booking is not confirmed until the Client has received explicit confirmation from the Company. The Company may issue a quotation or estimate before confirming a Booking.

Quotations are based on the information provided by the Client and, where applicable, a site visit. If, upon arrival, the actual conditions differ significantly from those described or expected, the Company may revise the quotation or propose an alternative solution. Any revised price or scope must be agreed by the Client before work proceeds.

The Client is responsible for ensuring that access to the Property is available at the agreed time. Any access details, such as gate codes or key arrangements, must be communicated clearly in advance. The Company reserves the right to charge for wasted journeys or waiting time where access is not provided as agreed.

For ongoing or regular maintenance services, the Company may agree a recurring schedule. Such arrangements will continue until cancelled in accordance with these Terms and Conditions or varied by mutual agreement.

4. Estimates, Quotations and Pricing

Where the Company provides an estimate, it is a best indication of the expected cost based on the information available at the time and is not binding. A quotation may be issued where the scope of work is sufficiently clear and is valid only for the period stated on the quotation or, if no period is stated, for 30 days from the date of issue.

Prices may be based on hourly rates, a fixed price for specified work, or a combination of both. Unless otherwise stated, prices exclude the cost of materials, plants, specialised equipment hire and waste removal. Any additional charges will be explained to the Client as part of the quotation or at the time the need arises, where reasonably foreseeable.

The Company reserves the right to adjust its standard rates from time to time. Changes in pricing will not affect confirmed Bookings that have already been accepted, but may apply to future or ongoing services following reasonable notice to the Client.

5. Payments and Invoicing

Payment terms will be set out in the quotation, Booking confirmation or invoice. Unless otherwise agreed in writing, payment is due immediately on completion of the Services for one-off jobs, or within the period stated on the invoice for regular maintenance or commercial Clients.

The Company accepts payment by commonly used methods as communicated to the Client. The Client must ensure that payments are made in full and on time. The Company may require a deposit or part payment in advance, especially for larger projects, specialist materials or substantial landscaping works. Any such requirement will be communicated before the Booking is confirmed.

If payment is not received by the due date, the Company may charge interest on the overdue amount at a reasonable rate and may suspend further Services until payment is brought up to date. The Client will be responsible for all reasonable costs incurred by the Company in recovering overdue amounts, including administrative and legal costs where applicable.

6. Cancellations, Rescheduling and Access

The Client may cancel or request to reschedule a Booking by giving the Company as much notice as reasonably possible. Unless otherwise specified, a minimum of 24 hours notice before the scheduled start time is required for cancellations or changes without charge.

If the Client cancels or reschedules with less than 24 hours notice, or fails to provide access to the Property at the agreed time, the Company may charge a cancellation fee or a call-out charge to cover lost time and costs. Any such charge will be reasonable and proportionate to the time reserved for the Booking.

The Company may cancel or postpone a Booking where it is unable to carry out the work safely or effectively due to severe weather, unforeseen circumstances, staff illness, safety concerns or access issues beyond the Company’s control. In such cases, the Company will offer to reschedule the appointment at a mutually convenient time. The Company will not be liable for any loss arising from such cancellations or delays, provided reasonable efforts are made to reschedule.

7. Client Responsibilities

The Client must ensure that the Property is reasonably prepared for the Services to be carried out. This includes, where relevant, removing personal items, securing pets, providing clear access routes, and identifying any known hazards such as fragile surfaces, underground services, or unsafe structures.

The Client must inform the Company of any restrictions or requirements applying to the Property, such as shared access arrangements, parking restrictions, neighbours rights of way, or local regulations affecting noise or working times. The Company will take reasonable steps to comply with such requirements, but cannot be held responsible where information has not been provided in advance.

Where the Client or any third party interferes with, alters or continues work in a way that affects the Services provided by the Company, any resulting issues or damage may not be covered by the Company’s liability, and additional charges may apply to rectify any problems.

8. Waste, Green Waste and Environmental Regulations

The handling, removal and disposal of waste and green waste are subject to specific regulations. Unless expressly included in the quotation or Booking confirmation, the Company’s standard Services do not automatically include removal of waste from the Property.

Where waste removal is requested or included, the Company will dispose of green waste and other allowable materials in accordance with applicable environmental and waste regulations. Separate charges may apply for waste transfer, disposal fees and the handling of non-green waste, such as rubble, soil in large quantities, plastics, metals or hazardous materials.

The Company reserves the right to decline the removal of any waste that is hazardous, prohibited, contaminated or not reasonably manageable using the equipment and resources available. In such cases, the Client will remain responsible for arranging appropriate disposal.

The Client must not ask the Company to dispose of waste in an unlawful manner, such as dumping waste in unauthorised locations. The Company will not be liable for any consequences arising from waste disposal carried out contrary to regulations, particularly where the Client has insisted on or carried out such actions against the Company’s advice.

9. Health, Safety and Site Conditions

The Company is committed to operating in a safe and responsible manner. The Company may refuse to carry out work that it considers unsafe, impractical or likely to cause unreasonable damage to property or the environment. This includes work carried out at excessive heights, on unstable ground, near live utilities or in other hazardous conditions.

The Client must inform the Company of any relevant health and safety risks known to them at or near the Property. The Company may adjust the method of work, utilise additional protective measures, or decline parts of the work where safety cannot be assured.

The Company will take reasonable care to avoid unnecessary damage to lawns, borders, paving, structures, cables, pipes and other features. However, some disturbance to soil, plants and surfaces is an inherent part of many gardening and landscaping activities. By engaging the Services, the Client accepts that such minor and incidental changes may occur as part of the work.

10. Liability and Limitations

The Company will exercise reasonable skill and care in providing the Services. If the Client is not satisfied with any aspect of the work, they should raise this with the Company promptly, ideally within 48 hours of completion, so that an appropriate review can be carried out. Where a defect is identified that is attributable to the Company and not to external factors or subsequent interference, the Company may, at its discretion, rectify the issue, offer a partial refund or agree another fair resolution.

The Company’s liability for loss or damage arising from the Services is limited to losses that are foreseeable and directly caused by the Company’s negligence or breach of contract. The Company will not be liable for indirect or consequential losses, loss of enjoyment, loss of use, loss of profits or opportunities, or any loss which could not reasonably have been anticipated at the time the Contract was formed.

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 lawfully be excluded or limited.

The Client is responsible for any damage or loss suffered by the Company, its staff or contractors as a result of unsafe site conditions, misrepresentation of information, interference with work, or failure to comply with these Terms and Conditions.

11. Plants, Materials and Warranties

Where the Company supplies plants, turf, seeds or other living materials, their performance is affected by factors beyond the Company’s control, such as weather, watering, soil condition and ongoing maintenance. The Company cannot guarantee the lifespan or growth of living materials once the work is complete, unless a specific written warranty is provided.

Any manufacturer or supplier warranties on materials or equipment will be passed on to the Client where permitted. The Company’s responsibility is limited to the supply and installation of such materials with reasonable care and in accordance with agreed plans.

12. Complaints and Dispute Resolution

If the Client has any concerns or complaints regarding the Services, they should contact the Company at the earliest opportunity, providing details of the issue and, where possible, photographs or other supporting information. The Company will investigate and aim to respond within a reasonable time.

Both parties agree to act in good faith and attempt to resolve disputes amicably through discussion and, if needed, further site visits. If a dispute cannot be resolved informally, the parties may consider mediation or other alternative dispute resolution methods before pursuing formal legal action.

13. Data Protection and Confidentiality

The Company will handle personal information in accordance with applicable data protection laws. Personal data provided by the Client will be used for managing Bookings, providing Services, handling payments, and keeping necessary records. The Company will not sell or disclose personal data to unrelated third parties except where required by law or necessary for the performance of the Services.

The Company may keep records of work carried out, including notes and images of the Property, for internal reference, quality control and evidence of performance. Such records will be handled with reasonable confidentiality and used only for legitimate business purposes.

14. Amendments to Terms and Conditions

The Company may update these Terms and Conditions from time to time. The latest version will apply to new Bookings made after the date of the update. For ongoing or long-term maintenance contracts, the Company will provide reasonable notice of any significant changes. Continued use of the Services after notification constitutes acceptance of the updated Terms and Conditions.

15. 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, the Contract or the provision of the Services, except where mandatory local consumer protection provisions provide otherwise.

By confirming a Booking or allowing the Services to commence, the Client acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.