Gardeners Selhurst Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Selhurst provides gardening and related outdoor services to residential and commercial customers in the United Kingdom. By placing a booking, confirming a quotation, or allowing work to commence, you are deemed to have read, understood, and agreed to these Terms and Conditions.

1. Definitions

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

Customer or you means the person, company, or organisation requesting the services of Gardeners Selhurst.

Company, we, or us means Gardeners Selhurst.

Services means any gardening, landscaping, lawn care, hedge cutting, planting, garden clearance, maintenance, or related services provided by the Company.

Agreement means the contract between the Customer and the Company comprising these Terms and Conditions together with any written quotation or confirmation of booking issued by the Company.

Site means the garden, land, or premises where the Services are to be carried out.

2. Scope of Services

2.1 The Company provides general gardening and outdoor maintenance services, including but not limited to lawn mowing, hedge trimming, weeding, pruning, planting, lawn care, seasonal tidy ups, soft landscaping, and garden clearance.

2.2 Any description of Services provided in quotations, emails, or verbal discussions is for guidance and clarification. The precise scope of work will be set out in the booking confirmation or quotation accepted by the Customer.

2.3 The Company reserves the right to decline work that it considers unsafe, unsuitable, beyond its technical capability, or outside its normal service offering.

2.4 The Company does not undertake work that requires the expertise of a qualified electrician, gas engineer, structural engineer, or other specialist unless expressly agreed, in which case such work may be carried out by approved subcontractors.

3. Booking Process

3.1 Bookings may be requested by the Customer via the Company’s designated booking channels, subject to availability. The Company is under no obligation to accept a booking request.

3.2 The Company may provide an estimated price based on information supplied by the Customer. Where necessary, a site visit may be arranged to assess the work before a final quotation is issued.

3.3 A booking will be considered confirmed only when the Customer has accepted a written quotation or estimate issued by the Company, or where the Company has issued written confirmation of the booking and any applicable deposit has been received.

3.4 The Customer is responsible for providing accurate information regarding the Site, access, parking, and the nature of the work required. The Company shall not be liable for any delay or additional charges arising from incomplete or inaccurate information provided by the Customer.

3.5 The Company will use reasonable efforts to attend the Site on the agreed date and time. However, attendance is subject to weather conditions, traffic, staff availability, and other circumstances beyond the Company’s reasonable control. In such cases, the Company may reschedule the appointment and will notify the Customer as soon as reasonably possible.

4. Access, Parking, and Customer Obligations

4.1 The Customer must ensure suitable access to the Site for the Company’s staff, tools, and equipment at the agreed time. Any delays in starting work due to restricted or unsafe access may be charged at the Company’s current hourly rate.

4.2 The Customer is responsible for arranging any necessary parking permits or providing information about local parking restrictions. Any parking fees or penalty charges incurred as a direct result of the Services will be charged to the Customer.

4.3 The Customer must ensure that all pets, children, and third parties are kept away from the working area while Services are being carried out to ensure safety.

4.4 The Customer must inform the Company of any known hazards at the Site, including uneven ground, hidden cables or pipes, ponds, unstable structures, or other risks that could affect the safety of staff or the performance of the Services.

5. Materials, Plants, and Specifications

5.1 Where the Company supplies materials, plants, or products, these will be as described in the quotation or as otherwise agreed in writing.

5.2 All materials and plants remain the property of the Company until paid for in full. The Company reserves the right to remove any materials or plants from the Site if payment is not received in accordance with these Terms and Conditions.

5.3 The Company will use reasonable care in selecting healthy plants and suitable materials. However, responsibility for ongoing maintenance, watering, feeding, and care of plants passes to the Customer upon completion of the work.

5.4 The Company cannot guarantee the long term performance, growth, or survival of plants, turf, or lawns once handed over to the Customer, as these are dependent on factors beyond the Company’s control, including weather, soil conditions, pests, diseases, and the Customer’s care regime.

6. Pricing, Estimates, and Additional Work

6.1 Prices may be quoted as a fixed price, a day rate, or an hourly rate, as specified in the quotation or booking confirmation.

6.2 Any estimate provided prior to a site visit is indicative only and may be revised after inspection of the Site or clarification of the work required.

6.3 If, during the course of the work, it becomes apparent that additional work is required or requested by the Customer beyond the original scope, the Company will explain any change in price before proceeding. Additional work will be charged at the agreed rate or in accordance with a revised quotation accepted by the Customer.

6.4 If the Customer reduces the agreed scope of work after acceptance of a quotation, the Company reserves the right to adjust the price to reflect the new scope, including any costs already incurred.

7. Payments and Invoicing

7.1 The Company may request a deposit or advance payment prior to starting the work, particularly for larger projects, the purchase of materials, or bespoke orders. The amount and due date of any deposit will be specified in the quotation or booking confirmation.

7.2 Unless otherwise agreed in writing, payment of the balance is due immediately upon completion of the Services or upon receipt of the invoice issued by the Company.

7.3 Payment methods accepted by the Company will be communicated to the Customer during the booking process or on the invoice. The Company does not accept payment by cheque unless agreed in advance.

7.4 If the Customer fails to make payment by the due date, the Company reserves the right to charge interest on the overdue amount at the statutory rate permitted under applicable UK legislation, accruing daily until payment is received in full.

7.5 The Company may suspend further work or withhold delivery of materials and plants if any payment is overdue.

8. Cancellations, Rescheduling, and Missed Appointments

8.1 The Customer may cancel or reschedule a booking by giving the Company reasonable notice. The minimum notice period required for cancellation or rescheduling will be specified at the time of booking. Where not specified, the Customer should provide at least 48 hours’ notice.

8.2 If sufficient notice is not given, the Company reserves the right to charge a cancellation fee. This may include any non refundable costs incurred by the Company in preparing for the work, such as purchased materials or wasted labour time.

8.3 In the event of persistent cancellations or rescheduling by the Customer, the Company may require payment in advance for future bookings or may decline to accept further work.

8.4 If the Company is unable to attend the Site due to severe weather, illness, vehicle breakdown, or other circumstances beyond its reasonable control, the appointment will be rescheduled at the earliest mutually convenient date. The Company will not be liable for any loss arising from such rescheduling.

8.5 If the Customer is not present at the Site at the agreed time and has not arranged access in advance, the Company may treat this as a missed appointment and may charge a call out or cancellation fee.

9. Health, Safety, and Environmental Considerations

9.1 The Company will carry out the Services with reasonable skill and care and in accordance with relevant UK health and safety legislation.

9.2 The Customer must not instruct the Company’s staff to carry out any task that is unsafe, illegal, or beyond the agreed scope of work. Staff have the right to refuse any instruction that they reasonably consider unsafe.

9.3 The Company endeavours to use gardening products and methods that are appropriate for the Site and the environment. Where chemicals, pesticides, or herbicides are used, these will be applied in accordance with manufacturer guidelines and legal requirements.

10. Garden Waste and Waste Regulations

10.1 During the provision of the Services, garden waste may be generated, including grass cuttings, leaves, branches, soil, plants, and other organic materials.

10.2 Unless otherwise agreed in writing, the default arrangement is that garden waste will be left on Site in a designated area or in Customer provided waste containers for local authority collection or disposal by the Customer.

10.3 Where the Customer requests removal of garden waste, this may be subject to additional charges to cover transportation, disposal fees, and staff time. Any such charges will be confirmed in advance wherever possible.

10.4 The Company will comply with applicable UK waste regulations, including duty of care requirements, when transporting and disposing of garden waste or other materials. Waste will only be taken to authorised disposal or recycling facilities.

10.5 The Company will not remove hazardous waste, contaminated soil, asbestos, or any other material that requires specialist handling and disposal. If such materials are discovered at the Site, the Company may suspend work and advise the Customer to seek specialist assistance.

11. Damage, Liability, and Insurance

11.1 The Company will take reasonable care to avoid damage to property, plants, and structures while carrying out the Services. However, minor damage or disturbance that is reasonably incidental to gardening work, such as scuffs to lawn edges or minor marks on paving, shall not be considered a breach of this Agreement.

11.2 The Customer must notify the Company in writing of any alleged damage or defect in the Services as soon as reasonably practicable and, in any event, within 7 days of completion of the relevant work. The Customer must allow the Company a reasonable opportunity to inspect and, where appropriate, remedy any issue.

11.3 The Company shall not be liable for damage to underground pipes, cables, or other hidden services unless the Customer has clearly identified their location in advance.

11.4 The Company shall not be liable for any loss, damage, or expense arising from weather conditions, natural events, pests, diseases, or other factors beyond its reasonable control.

11.5 The Company’s total liability to the Customer in respect of any claim arising out of or in connection with the Services, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the Customer for the Services that are the subject of the claim.

11.6 Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded or limited under UK law.

12. Customer Property and Existing Garden Conditions

12.1 The Customer is responsible for protecting any items left in the garden, such as furniture, ornaments, play equipment, and tools. The Company recommends that movable items are stored away before work begins.

12.2 The Company is not responsible for pre existing damage, defects, or disease in lawns, plants, trees, structures, or surfaces. Any work to such areas is carried out at the Customer’s risk unless otherwise agreed in writing.

13. Complaints and Dispute Resolution

13.1 If the Customer is dissatisfied with any aspect of the Services, the Customer should contact the Company as soon as possible with full details of the concern.

13.2 The Company will investigate the complaint and may arrange a site visit to assess the issue. Where the Company is responsible, it will seek to provide a fair remedy, which may include rectification of work or a partial refund, at the Company’s discretion and in accordance with applicable law.

13.3 If a dispute cannot be resolved directly between the parties, either party may consider using an appropriate alternative dispute resolution scheme or pursue its rights through the UK courts.

14. Data Protection and Privacy

14.1 The Company will collect and use personal data provided by the Customer for the purpose of arranging and delivering the Services, processing payments, and managing the business relationship.

14.2 The Company will handle personal data in accordance with applicable UK data protection legislation and will take reasonable steps to keep such data secure.

15. Variations to These Terms

15.1 The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of booking or acceptance of a quotation will apply to that Agreement.

15.2 Any variations to these Terms and Conditions requested by the Customer will only be binding if agreed in writing by the Company.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions and any Agreement between the Customer and the Company shall be governed by and construed in accordance with the laws of England and Wales.

16.2 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 provided by the Company.

17. General Provisions

17.1 If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court or competent authority, that provision shall, to the extent required, be deemed deleted, and the remaining provisions shall continue in full force and effect.

17.2 The failure or delay by the Company to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that or any other right or remedy.

17.3 No person other than the Customer and the Company shall have any rights to enforce any of the terms of the Agreement.

17.4 These Terms and Conditions, together with any quotation or written confirmation of booking, constitute the entire agreement between the Customer and the Company in relation to the Services and supersede any prior understanding, arrangement, or representation.