Gardeners Kew Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Kew to residential and commercial customers. By booking or receiving any service from Gardeners Kew, you agree to be bound by these Terms and Conditions. If you do not accept any part of these terms, you should not proceed with a booking.

1. Definitions

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

Customer means the person, company or organisation that requests or receives services from Gardeners Kew.

Services means any gardening, garden maintenance, landscaping, clearance, planting, lawn care, hedge work, pruning, advice, or related work provided by Gardeners Kew.

Agreement means the contract between Gardeners Kew and the Customer, comprising these Terms and Conditions and any written or verbal confirmation of a booking.

Work Location means the garden, grounds or property where the Services are to be carried out.

2. Scope of Services

Gardeners Kew provides a range of gardening and garden maintenance services, which may include but are not limited to lawn mowing and care, weeding, planting and replanting, hedge trimming and shrub care, pruning and tree work within permitted scope, garden clearances and waste handling, soil preparation and mulching, and seasonal clean-ups and general garden upkeep.

The exact scope of Services for each booking will be agreed with the Customer before work commences, either as a one-off visit or as part of a regular schedule.

3. Booking Process

3.1 Initial enquiry

The Customer may request an estimate or make a booking request by contacting Gardeners Kew and providing details such as the Work Location, garden size, current condition, required services, preferred dates and any access restrictions.

3.2 Estimates and site visits

Gardeners Kew may provide an indicative estimate based on information supplied by the Customer. Where necessary, Gardeners Kew may arrange a site visit to assess the Work Location and confirm the scope of work. Estimates are given in good faith but are not binding if the information supplied was inaccurate or if the Work Location materially differs from the description.

3.3 Confirming a booking

A booking is confirmed when Gardeners Kew communicates acceptance of the Customer request and provides a date, time or time window for attendance, together with an agreed rate or price basis. Gardeners Kew reserves the right to decline any booking request at its sole discretion.

3.4 Regular maintenance visits

For regular maintenance services, Gardeners Kew will agree a recurring schedule with the Customer. While Gardeners Kew aims to keep to agreed days and times, slight variations may occur due to weather, seasonal demand or operational reasons. Any significant changes will be notified where reasonably possible.

4. Access and Customer Responsibilities

4.1 Access to the Work Location

The Customer must ensure that Gardeners Kew has safe and reasonable access to the Work Location at the agreed time, including access to gates, paths, communal areas and, where necessary, parking or loading space. Any parking charges or access fees may be added to the Customer invoice if not arranged or provided by the Customer.

4.2 Safety and site conditions

The Customer must inform Gardeners Kew of any hazards at or near the Work Location, such as uneven surfaces, water features, fragile structures, underground services, cables, or any other risks. Gardeners Kew may refuse to carry out all or part of the Services if the conditions are unsafe or significantly different to those described when the booking was made.

4.3 Pets, children and third parties

The Customer is responsible for ensuring that pets, children, and third parties are kept away from the working area during the Service. Gardeners Kew accepts no liability for injury or damage arising from interference with tools, machinery or ongoing work by persons or animals not under its control.

4.4 Utilities and water supply

If the Services require reasonable use of water or electricity at the Work Location, the Customer agrees to provide access at no cost. Gardeners Kew will use such utilities sensibly and only where necessary to complete the agreed Services.

5. Pricing and Payments

5.1 Pricing basis

Services may be charged on an hourly, daily, per-job or per-visit basis, as agreed at the time of booking. Prices will be communicated to the Customer before work is carried out, based on the scope and anticipated duration of the Services.

5.2 Materials and plants

Where materials, plants, soil, turf, compost, fixtures or other items are supplied by Gardeners Kew, these will be charged in addition to labour, unless expressly included. The Customer authorises Gardeners Kew to purchase such items within the agreed budget. Ownership of supplied goods passes to the Customer only upon full payment of the relevant invoice.

5.3 Invoicing and payment terms

Gardeners Kew may request full or partial payment in advance, especially for larger projects, special orders or first-time Customers. Unless otherwise agreed, payment is due immediately upon completion of the Services or upon receipt of invoice. Gardeners Kew accepts common, lawful payment methods as notified to the Customer from time to time.

5.4 Late payment

If the Customer fails to pay any amount by the due date, Gardeners Kew reserves the right to suspend further Services, apply reasonable late payment charges or interest as permitted by law, and recover any costs reasonably incurred in pursuing payment. Gardeners Kew may also retain legal ownership of any supplied goods until full payment is received.

6. Cancellations, Rescheduling and Delays

6.1 Customer cancellations

The Customer may cancel or reschedule a booking by giving reasonable notice. Gardeners Kew requests at least 24 hours notice for standard visits and may specify longer notice periods for larger projects or work involving special orders. Where the Customer fails to provide sufficient notice, Gardeners Kew may charge a cancellation fee, which may include a proportion of the agreed fee and any non-refundable costs already incurred.

6.2 Gardeners Kew cancellations

Gardeners Kew may cancel or reschedule a booking due to severe weather, staff illness, equipment failure, unsafe site conditions, or other operational reasons. Gardeners Kew will notify the Customer as soon as reasonably possible and will seek to rearrange the booking at a mutually convenient time. Gardeners Kew is not liable for any indirect loss or cost arising from such cancellations or rescheduling.

6.3 Weather and seasonal conditions

Certain Services may be impractical or inadvisable in adverse weather or unsuitable seasonal conditions. Gardeners Kew may modify the planned work, substitute appropriate tasks, or reschedule part or all of the visit to protect the health of plants, ensure safety, or maintain quality standards.

6.4 Delays on the day

While Gardeners Kew aims to attend at the agreed time, minor delays can occur due to traffic, earlier jobs running over, or unforeseen events. Gardeners Kew will use reasonable efforts to keep the Customer informed of significant delays and will still seek to complete the Services where practical.

7. Standards of Work and Complaints

7.1 Quality and care

Gardeners Kew will carry out the Services with reasonable skill and care, using appropriate tools and techniques for typical domestic and commercial gardens. Horticultural outcomes such as growth, flowering and plant survival are affected by many factors beyond the control of Gardeners Kew, and no guarantee can be given of specific results.

7.2 Customer obligations after service

Where Gardeners Kew provides guidance on aftercare, watering, feeding or maintenance, the Customer is responsible for following such advice. Gardeners Kew is not liable for issues arising from neglect, incorrect care, extreme weather, pests, disease or other environmental factors.

7.3 Complaints

If the Customer is dissatisfied with any aspect of the Services, they should notify Gardeners Kew promptly, ideally within 48 hours of the visit or completion of the work. Gardeners Kew will investigate the matter and, where appropriate, may offer to rectify the issue, provide a partial refund or agree other reasonable measures. Complaints raised after a longer period may be more difficult to assess, especially where gardens have changed over time.

8. Garden Waste and Environmental Regulations

8.1 Handling of green waste

The handling of garden waste will be agreed with the Customer in advance. Gardeners Kew may, by agreement, use the Customer green waste bins, composting facilities or other on-site arrangements. Where off-site removal of waste is requested, this may be charged as an additional service.

8.2 Legal compliance

Gardeners Kew will handle, transport and dispose of garden waste in accordance with applicable waste and environmental regulations. The Customer must not ask Gardeners Kew to dispose of waste unlawfully or to mix non-garden waste with green waste for removal.

8.3 Non-garden waste

Unless expressly agreed, Gardeners Kew does not remove household rubbish, building rubble, hazardous materials, chemicals or any other waste not reasonably arising from the agreed gardening work. Where such items are found, Gardeners Kew may decline to remove them and may adjust the scope or price of the Services if their presence significantly affects the work.

9. Tools, Equipment and Property Damage

9.1 Tools and machinery

Gardeners Kew will generally supply its own tools and machinery. If the Customer requests Gardeners Kew to use Customer-owned tools or equipment, this is entirely at the Customer risk. Gardeners Kew cannot guarantee performance or safety of Customer-supplied tools and accepts no liability for any malfunction or damage arising from their use.

9.2 Property damage

Gardeners Kew will take reasonable care to avoid damage to property, structures, lawns and plantings while performing the Services. The Customer must clearly identify any underground services, irrigation systems, cables, fragile surfaces or other items that may be at risk. Gardeners Kew is not liable for damage to items not disclosed or not reasonably visible.

9.3 Limits on rectification

If Gardeners Kew is found to be responsible for accidental damage, it may, at its discretion, repair the damage, replace the item with a comparable item, or provide a reasonable financial contribution towards repair or replacement, subject to the liability limitations set out in these Terms and Conditions.

10. Liability and Insurance

10.1 General limitation of liability

To the fullest extent permitted by law, Gardeners Kew shall not be liable for any indirect or consequential loss, loss of enjoyment, loss of profits, loss of contracts or loss of opportunity arising from or in connection with the Services or these Terms and Conditions.

10.2 Financial cap

Subject to any non-excludable legal rights, the total liability of Gardeners Kew for any claim or series of related claims arising from the Services or this Agreement shall not exceed the amount paid or payable by the Customer for the specific Services giving rise to the claim.

10.3 Exclusions

Gardeners Kew is not liable for losses or damage arising from inaccurate information provided by the Customer, failure by the Customer to follow aftercare advice, pre-existing defects in the garden or property, acts or omissions of third parties, or events outside the reasonable control of Gardeners Kew, including extreme weather, vandalism, pest infestations, disease or regulatory changes.

10.4 Personal injury and statutory rights

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law. The Customer statutory rights are not affected.

11. Customer Data and Privacy

11.1 Use of customer information

Gardeners Kew may collect and store basic contact and property details for the purposes of managing bookings, delivering Services, issuing invoices and communicating with the Customer. Gardeners Kew will use such information reasonably and will not sell it to third parties.

11.2 Communications

By providing contact details, the Customer agrees that Gardeners Kew may contact them about appointments, reminders, updates, and, where permitted, information about relevant services. The Customer may opt out of non-essential marketing communications at any time by informing Gardeners Kew.

12. Termination of Ongoing Services

12.1 Termination by the Customer

For regular maintenance arrangements, the Customer may terminate ongoing Services by giving reasonable notice, typically not less than one scheduled visit in advance, unless otherwise agreed. Any outstanding invoices remain payable.

12.2 Termination by Gardeners Kew

Gardeners Kew may terminate ongoing Services if the Customer fails to pay invoices when due, repeatedly cancels or changes bookings at short notice, behaves abusively or unreasonably towards staff, or otherwise breaches these Terms and Conditions. Gardeners Kew may also terminate Services for operational or business reasons on reasonable notice.

13. Changes to These Terms and Conditions

Gardeners Kew may update these Terms and Conditions from time to time. The version in force at the time of the Customer booking or receiving Services will generally apply to that booking. Continued use of the Services after changes have been communicated will constitute acceptance of the updated terms.

14. 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 the Services, subject to any rights the Customer may have to bring a claim in another jurisdiction under applicable consumer protection laws.

15. General Provisions

15.1 Entire agreement

These Terms and Conditions, together with any specific written or verbal confirmation provided at the time of booking, constitute the entire agreement between Gardeners Kew and the Customer in relation to the Services and supersede any prior discussions or representations.

15.2 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intention.

15.3 No waiver

Any failure or delay by Gardeners Kew to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy, and no waiver shall be effective unless expressly confirmed in writing.

15.4 Assignment

The Customer may not assign or transfer any rights or obligations under this Agreement without the prior consent of Gardeners Kew. Gardeners Kew may assign or subcontract some or all of its rights and obligations, provided that this does not materially reduce the level of service to the Customer.

By requesting or accepting Services from Gardeners Kew, the Customer acknowledges that they have read, understood and agree to these Terms and Conditions.