Gardeners Eden Park Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Eden Park provides gardening and related services to residential and commercial customers in the United Kingdom. By making a booking, accepting a quotation, or allowing our gardeners or contractors to commence work at your premises, you agree to be bound by these Terms and Conditions.

1. Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

Customer means the person, company, or organisation requesting and receiving the services from Gardeners Eden Park.

Company means Gardeners Eden Park and any gardeners, employees, subcontractors, or agents acting on its behalf.

Services means any gardening, grounds maintenance, landscaping, clearance, planting, lawn care, hedge cutting, pruning, or any other service provided by the Company.

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

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

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, which may include lawn mowing and treatment, border maintenance, hedge cutting, pruning, planting, weeding, garden tidy-ups, seasonal clearances, minor landscaping works, and related outdoor services. The precise scope of work will be set out in a quotation, service schedule, or booking confirmation.

The Company will exercise reasonable skill and care in delivering the Services in accordance with generally accepted standards for comparable gardening services in the United Kingdom.

Any description of Services on marketing materials or general service lists is indicative only. The Services actually provided will be as agreed in writing between the Customer and the Company and may be amended by mutual agreement.

3. Booking Process

3.1 Initial enquiry

Customers may request Services by contacting the Company and providing details of the Site, the nature of the work required, and any particular instructions or access information. The Company may request photographs, measurements, or a Site visit before confirming a quotation.

3.2 Quotations

Any quotation provided by the Company is based on the information supplied by the Customer at the time of enquiry. Quotations are normally valid for a limited period as stated in the quotation. If no period is stated, a quotation is valid for 30 days from the date of issue, after which the Company may revise or withdraw it.

3.3 Acceptance of booking

A booking is considered confirmed when the Customer explicitly accepts the quotation or service proposal and a date or schedule is agreed. Acceptance may be given in writing or verbally, as communicated by the Company. By confirming a booking, the Customer agrees to these Terms and Conditions.

3.4 Changes to bookings

Any changes to the scope of work, schedule, or Site details must be agreed with the Company in advance of the visit. The Company reserves the right to adjust the price if the requested changes materially alter the time, labour, or materials required.

4. Access and Customer Responsibilities

The Customer must ensure that the Company has safe and adequate access to the Site for the duration of the visit, including access to any relevant external areas, gates, and paths. If access is restricted or delayed due to issues within the Customer s control, the Company may charge for waiting time or for an aborted visit.

The Customer must inform the Company of any hazards at the Site, including uneven ground, fragile structures, ponds, buried services, pets, or any relevant health and safety concerns. The Customer is responsible for securing pets and informing the Company of any access codes, locked gates, or shared access arrangements.

Where water or electricity is required for the performance of the Services, the Customer shall make these available at no cost to the Company, unless otherwise agreed.

5. Pricing and Payments

5.1 Pricing

Prices may be based on an hourly rate, a fixed fee, or a recurring service charge, as stated in the quotation or booking confirmation. The Company reserves the right to adjust its rates from time to time. Any price changes will be communicated in advance for ongoing or scheduled services.

5.2 Deposits

For larger or materials-intensive projects, the Company may require a deposit prior to commencing work. The amount and due date of any deposit will be stated in the quotation. Deposits are usually applied against the final invoice for the project.

5.3 Payment terms

Unless otherwise stated in writing, payment is due upon completion of the Services or within the payment period indicated on the invoice. For regular maintenance contracts, the Company may invoice after each visit or on a periodic basis.

Payments must be made using the methods specified by the Company. The Customer is responsible for ensuring that payments are made in full and on time. The Company reserves the right to suspend further Services if invoices remain unpaid.

5.4 Late payment

If the Customer fails to pay any amount due by the due date, the Company may charge interest on the overdue amount at the statutory rate allowable under UK law, accruing daily until payment is received in full. The Company may also recover any reasonable costs incurred in pursuing late payment.

6. Cancellations and Rescheduling

6.1 Customer cancellations

If the Customer wishes to cancel or reschedule a booked visit, the Customer must notify the Company as early as reasonably possible. For standard visits, the Company may require a minimum notice period, for example 24 or 48 hours. The specific notice requirement will be communicated by the Company at the time of booking.

If the Customer cancels with less notice than required, the Company reserves the right to charge a cancellation fee to cover allocated labour time and administrative costs. For larger projects where materials have been ordered, the Customer may also be charged for non-returnable materials or restocking fees.

6.2 Company cancellations

The Company will use reasonable endeavours to attend booked visits on the agreed date and time, but may need to cancel or reschedule in cases of severe weather, staff illness, equipment failure, or other factors beyond its reasonable control. In such cases, the Company will inform the Customer as soon as reasonably practicable and arrange a new appointment. The Company shall not be liable for any loss arising from such rescheduling, provided that reasonable notice is given.

7. Garden Waste and Environmental Regulations

7.1 Handling of green waste

The Company will handle green waste such as grass cuttings, leaves, prunings, and small branches in accordance with applicable UK regulations and best environmental practice. The method of waste handling will be agreed in advance with the Customer.

In some cases, the Customer may prefer that green waste is left on Site for composting or disposed of using the Customer s own garden waste collection service. Where green waste is to be removed from the Site by the Company, an additional charge may apply to cover transport and disposal costs.

7.2 Soil, hardcore, and other waste

Removal of soil, rubble, hardcore, large tree stumps, or other non-green waste is not automatically included unless specifically stated in the quotation. Special disposal arrangements may be required for certain materials, and additional charges may apply in accordance with relevant waste management regulations.

7.3 Compliance with regulations

The Company will take reasonable steps to comply with all applicable waste and environmental regulations in the United Kingdom. Customers agree not to request or insist upon any disposal method that would breach such regulations, such as fly-tipping or burning where prohibited by local rules.

8. Use of Materials, Plants, and Products

Where the Company supplies plants, turf, soil, mulch, or other horticultural materials, it will make reasonable efforts to source healthy, suitable products. However, the Company cannot guarantee long-term performance or survival of plants, as these depend heavily on weather, soil conditions, pests, and ongoing care by the Customer.

The Company may provide advice on watering, feeding, and maintenance of newly planted areas, but it is ultimately the Customer s responsibility to follow such guidance. Unless expressly stated in writing, no warranty is given on plant survival beyond initial planting.

Where the Customer supplies materials, the Company is not responsible for any defects in such materials and may decline to use items that appear unsuitable or unsafe.

9. Liability and Limitations

9.1 Duty of care

The Company will carry out the Services with reasonable skill, care, and attention. The Company holds appropriate insurance for its activities, and details may be provided upon request.

9.2 Exclusions of liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, consequential, or purely economic loss, including loss of profit, loss of enjoyment, or loss of opportunity, arising out of or in connection with the Services.

The Company shall not be liable for damage to plants, lawns, shrubs, or trees caused by pre-existing diseases, pests, soil conditions, extreme weather, structural issues, or factors outside its reasonable control. The Company is also not liable for damage arising from instructions given by the Customer that are contrary to the Company s recommendations.

9.3 Limits on claims

In any event, the total liability of the Company for any claim arising out of the Agreement shall be limited to the total fees paid by the Customer to the Company for the specific visit or project giving rise to the claim, except where liability cannot lawfully be limited or excluded under UK law.

Nothing in these Terms and Conditions excludes or limits the Company s liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded under applicable law.

10. Complaints and Disputes

If the Customer is dissatisfied with any aspect of the Services, the Customer should inform the Company as soon as possible, ideally within a reasonable time after the visit or completion of the work. The Company will investigate the matter and, where appropriate, may offer to rectify issues by revisiting the Site or making reasonable adjustments.

Both parties agree to act in good faith to resolve any disputes arising out of the Agreement. If a dispute cannot be resolved through discussion, the parties may consider mediation or other forms of alternative dispute resolution before resorting to formal legal proceedings.

11. Insurance and Risk

The Company will take reasonable precautions to protect the Customer s property while performing the Services. However, minor cosmetic damage may occasionally occur in the normal course of gardening work, especially in tight or overgrown areas. The Company will not be responsible for pre-existing damage or wear.

The Customer is responsible for ensuring that their own property insurance is adequate to cover the Site and any items located there. The risk of loss or damage to plants and outdoor items remains with the Customer at all times, except where directly and negligently caused by the Company.

12. Data Protection and Privacy

The Company may collect and store personal data such as names, addresses, and contact details for the purpose of arranging and delivering Services, managing bookings, and issuing invoices. The Company will handle such data in accordance with applicable UK data protection laws and only retain it for as long as reasonably necessary.

The Company will not sell or knowingly disclose Customer data to third parties except where required to provide the Services, process payments, comply with legal obligations, or with the Customer s consent.

13. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under the Agreement if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to severe weather, natural disasters, pandemics, acts of government, strikes, or failure of suppliers or transport services.

In such cases, the Company will inform the Customer where possible and will resume performance of the Services as soon as reasonably practicable.

14. Amendments to Terms

The Company may update or amend these Terms and Conditions from time to time to reflect changes in law, regulation, or business practice. The latest version will apply to any new bookings. For ongoing or regular services, the Company will notify the Customer of any material changes to these terms.

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 parties agree that 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 their subject matter.

16. General Provisions

If any provision of these Terms and Conditions is held by a court to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that or any other right or remedy. The rights and remedies provided in these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.

The Agreement is between the Company and the Customer only. No person who is not a party to the Agreement shall have any rights to enforce any of its terms.