Gardeners Dartmouth Park Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Dartmouth Park provides gardening and related services to residential and commercial customers. By booking or receiving any service from us, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.

1. Definitions

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

Customer means the individual, company or organisation that books and receives services from Gardeners Dartmouth Park.

Company means Gardeners Dartmouth Park, the gardening service provider.

Services means gardening, garden maintenance, clearance, soft landscaping and any related services agreed in writing or verbally between the Customer and the Company.

Site means the garden or other outdoor area where the Services are to be performed.

Terms means these Service Terms and Conditions, as updated from time to time.

2. Scope of Services

The Company provides general gardening and garden maintenance services, including but not limited to lawn care, hedge trimming, pruning, planting, weeding, garden clearance and other related tasks as agreed with the Customer.

The exact scope of work for each booking will be agreed in advance, either through a description provided by the Customer and accepted by the Company, or through an on-site assessment followed by confirmation of tasks, estimated time and any applicable charges.

Any variations to the agreed Services must be requested by the Customer and accepted by the Company before the additional work is carried out. Additional work may be charged separately or may alter the estimated duration and price of the original booking.

3. Booking Process

Customers may request a booking by contacting the Company and providing details of the required Services, the Site address and any relevant access information. The Company will respond with an indication of availability and, where possible, an estimate of the cost based on the information provided.

All bookings are subject to confirmation by the Company. A booking is considered confirmed when the Company has expressly accepted the Customer’s request and agreed a date or timeframe for the visit. The Company may refuse or cancel a booking at its discretion, for example where the requested work is outside its usual scope or capacity, or where conditions at the Site are unsafe.

If a visit is required to assess the work before providing an estimate, the Customer will be informed in advance if there is any charge for such a visit. Any charges will be agreed before the visit takes place.

4. Estimates and Pricing

Where possible, the Company will provide an estimate of costs before Services begin. Estimates may be based on hourly rates, fixed prices for specific tasks, or a combination of both, depending on the nature of the work.

All estimates are provided in good faith but are not binding. The final price may differ from the estimate if the actual work required is greater or less than anticipated, if access is more difficult than described, if materials prices have changed, or if the Customer requests additional tasks.

If it becomes clear that the cost will materially exceed the original estimate, the Company will inform the Customer as soon as reasonably practicable. The Customer may then choose to proceed, amend the scope of Services, or cancel any unperformed portion of the work. Where work has already been carried out, the Customer will be liable for all charges incurred to date.

5. Materials and Equipment

The Company will normally supply its own tools and equipment necessary to carry out the Services. If specialist equipment is required or requested, any associated hire or purchase costs may be charged to the Customer, subject to prior agreement.

Plants, compost, turf, aggregates and other materials may be supplied by the Company or by the Customer. If supplied by the Company, these items will be charged in addition to labour, unless expressly included in a fixed price quote.

The Company does not guarantee the long-term survival of plants, turf, or other living materials once the work has been completed, as their ongoing condition depends on factors such as weather, soil, pests, diseases and Customer maintenance practices. The Company will, however, take reasonable care in the selection and initial installation of such materials.

6. Customer Responsibilities

The Customer must ensure that the Company and its personnel have safe and reasonable access to the Site on the agreed dates and times. This includes providing any necessary keys, codes or instructions for entry, and ensuring that any pets are secured if required for safety.

The Customer must inform the Company of any known hazards at the Site, including but not limited to uneven ground, concealed cables or pipes, unstable structures, or the presence of harmful substances. The Customer is responsible for the safety and structural integrity of any existing features such as walls, sheds, fences, greenhouses and outbuildings.

The Customer will ensure that water and, where reasonably required, electricity are available at the Site to enable the Company to carry out the Services. If such utilities are not available and this prevents the Services from being performed, the Company may treat the visit as a late cancellation and charge a fee as set out in these Terms.

7. Payments and Invoicing

Unless otherwise agreed, all Services are chargeable on completion of the work or, for larger projects, in staged payments as specified in the quote or booking confirmation. The Company will issue an invoice setting out the Services provided, any materials supplied and the total amount due.

Payment is due within the timeframe specified on the invoice, typically within a set number of days of the invoice date. Accepted payment methods will be communicated to the Customer at the time of booking or on the invoice.

If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount and to suspend further Services until all outstanding sums have been settled. The Customer is responsible for all costs incurred by the Company in recovering overdue payments, including any legal or collection fees, where permitted by law.

8. Cancellations and Rescheduling

The Customer may cancel or reschedule a booking by giving the Company as much notice as reasonably possible. If the Customer cancels or reschedules with short notice, the Company may apply a cancellation charge to cover lost time and any costs incurred.

Where a minimum notice period for cancellation or rescheduling has been specified in the booking confirmation, the Customer agrees to comply with that timeframe. If the Customer fails to provide sufficient notice or is not present to provide access at the agreed time, the Company may treat the appointment as a late cancellation and charge a fee up to a reasonable proportion of the estimated cost of the booking.

The Company may cancel or reschedule a booking due to adverse weather, illness, equipment failure, access difficulties, safety concerns or other circumstances beyond its reasonable control. In such cases, the Company will aim to provide as much notice as possible and to offer an alternative date. The Company will not be liable for any losses arising from such cancellations or rescheduling.

9. Health, Safety and Site Conditions

The Company will carry out the Services with reasonable care and in accordance with applicable health and safety requirements. If, in the opinion of the Company, the Site conditions are unsafe or unsuitable, the Company may suspend or cancel the Services until the situation is rectified.

The Customer must not request the Company to carry out any work that would involve unsafe practices, the removal of structures that pose risks, or operations that contravene applicable health and safety regulations. The Company reserves the right to refuse to perform any task that it considers unsafe or inappropriate.

10. Waste Removal and Environmental Regulations

The handling and disposal of green waste, soil, timber, rubble and other materials will be agreed with the Customer before work commences. Unless specifically included in the quote or booking, waste removal is not assumed to be part of the Services.

Where the Company agrees to remove waste from the Site, it will do so in accordance with relevant waste and environmental regulations. Charges may apply for waste removal, landfill, transport and any necessary permits or licences. These costs will be disclosed to the Customer as part of the booking or as soon as they become known.

The Customer is responsible for any waste that remains on the Site after the Services are completed, unless the Company has expressly agreed in writing to remove it. The Customer must not request or encourage the Company to dispose of waste unlawfully. The Company may refuse to remove waste or materials that it considers hazardous, prohibited or unsuitable for its usual disposal routes.

11. Property Damage and Liability

The Company will exercise reasonable care and skill in the performance of the Services. If the Company causes damage to the Customer’s property through negligence, the Company will, at its option and subject to applicable law, repair the damage, replace the damaged item, or offer fair compensation.

The Company’s total liability for any claim arising out of or in connection with the Services will, to the extent permitted by law, be limited to the total price paid or payable by the Customer for the specific Services to which the claim relates. The Company will not be liable for any indirect or consequential loss, including loss of enjoyment, loss of use, loss of profit or loss of opportunity.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

12. Insurance

The Company will maintain appropriate insurance cover for its gardening activities in line with industry practice. Evidence of insurance can be provided to the Customer on request. The existence of insurance does not extend or increase the Company’s liability beyond what is set out in these Terms or required by law.

13. Complaints and Service Issues

If the Customer is dissatisfied with any aspect of the Services, they should notify the Company as soon as reasonably possible, ideally within a short period after completion of the work. The Customer should provide details of the issue, including photographs where helpful, so that the Company can investigate.

The Company will seek to resolve complaints promptly and fairly. Where a complaint is justified, the Company may, at its discretion, return to the Site to address the issue, offer a partial refund, or propose another suitable remedy, taking into account the nature of the complaint and the Services provided.

14. Events Beyond Our Control

The Company will not be liable for any failure to perform, or delay in performance of, any of its obligations under these Terms caused by events beyond its reasonable control. Such events may include extreme weather conditions, flooding, storms, drought, fire, industrial action, utility failures, accidents, or the actions of third parties.

If an event beyond the Company’s control occurs, the Company will inform the Customer as soon as reasonably practicable and will take reasonable steps to minimise the impact on the Services. The Customer may be offered a revised time for completion or, if appropriate, may cancel the affected portion of the Services without penalty.

15. Personal Data and Privacy

The Company will collect and use the Customer’s personal data only as necessary to manage bookings, provide the Services, handle payments and administer its business. This may include storing the Customer’s name, address, contact details and information about the Site and work carried out.

The Company will take reasonable steps to protect personal data and will not sell Customer information to third parties. Personal data may be shared with third parties where necessary to deliver the Services, process payments, comply with legal obligations, or enforce these Terms.

16. Changes to These Terms

The Company may update these Terms from time to time to reflect changes in law, best practice or its business operations. Updated Terms will apply to new bookings from the date they are published or communicated to Customers. Existing bookings will normally remain subject to the Terms in force when they were confirmed, unless a change in law or regulation requires otherwise.

17. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, or with the provision of the Services, shall be governed by and construed in accordance with the laws of England and Wales.

You and the Company 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 or the Services, except that the Company may also bring proceedings in any other jurisdiction where the Customer is resident or where property relevant to the dispute is located.

18. General Provisions

If any provision of these Terms is found to be invalid or unenforceable by a court or other competent authority, that provision will be deleted or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No failure or delay by the Company in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy. Any waiver of a right or remedy must be given expressly in writing.

The Customer may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations to another entity as part of a business transfer or reorganisation, provided that such assignment does not materially reduce the protections afforded to the Customer under these Terms.

These Terms, together with any written quote, booking confirmation or other documents expressly incorporated by reference, constitute the entire agreement between the Customer and the Company in relation to the Services and supersede any prior understandings or agreements, whether oral or written.