Terms And Conditions

Gardeners Kidbrooke Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Kidbrooke provides gardening and related services to residential and commercial clients within our service area in the United Kingdom. By making a booking, you agree to be bound by these Terms and Conditions, which form a contract between you and Gardeners Kidbrooke.

1. Definitions

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

Client means the person, company, partnership or organisation that books services from Gardeners Kidbrooke.

Services means any gardening, garden maintenance, garden clearance, lawn care, hedge cutting, planting, soft landscaping, or other related work supplied by Gardeners Kidbrooke.

Service Area means the locations in which Gardeners Kidbrooke operates and is willing to provide Services, as determined by Gardeners Kidbrooke from time to time.

Agreement means the contract between the Client and Gardeners Kidbrooke for the provision of Services, incorporating these Terms and Conditions and any written quotation or confirmation issued by Gardeners Kidbrooke.

2. Booking Process

2.1 A booking may be made by the Client via enquiry form, written request, or verbal request. All bookings are subject to acceptance by Gardeners Kidbrooke.

2.2 Before confirming a booking, Gardeners Kidbrooke may request details of the garden, access arrangements, and the specific Services required. In some cases, an on-site visit may be necessary to assess the scope of work.

2.3 Any quotation provided is an estimate based on the information available at the time. Gardeners Kidbrooke reserves the right to amend the quotation if the actual work required differs from the information initially provided or if conditions on site are materially different from those described.

2.4 A booking is deemed confirmed when Gardeners Kidbrooke sends written confirmation or otherwise expressly accepts the booking. The Agreement comes into force at this point.

2.5 The Client is responsible for ensuring that all details provided to Gardeners Kidbrooke at the time of booking are accurate and complete, including the service address, access instructions, and any relevant restrictions or site-specific considerations.

3. Services and Access

3.1 Gardeners Kidbrooke agrees to provide the Services with reasonable care and skill and in accordance with applicable UK regulations relevant to the nature of the Services.

3.2 The Client must ensure that Gardeners Kidbrooke and its staff or contractors have safe and reasonable access to the garden or site at the agreed date and time. This includes providing access through gates, communal areas, or other routes, and informing any third parties who may control access.

3.3 If access cannot be gained or is delayed due to circumstances within the Client's control, Gardeners Kidbrooke may charge a call-out fee or the full agreed charge for the visit.

3.4 The Client must notify Gardeners Kidbrooke in advance of any known hazards, underground services, cables, pipes, or other hidden features that may affect the Services. Gardeners Kidbrooke is not responsible for damage caused to unseen or undisclosed services or structures that could not reasonably have been identified.

3.5 Gardeners Kidbrooke may refuse or suspend Services where the site conditions are unsafe, where there is a risk to health or safety, or where weather conditions prevent work from being carried out safely or appropriately.

4. Service Times and Delays

4.1 Service dates and times are provided in good faith but are approximate and may be subject to change for reasons including weather, traffic, staff availability, and unforeseen operational issues.

4.2 Gardeners Kidbrooke will use reasonable efforts to notify the Client of any significant delay or need to reschedule. In such cases, Gardeners Kidbrooke will offer an alternative date or time as soon as reasonably possible.

4.3 Gardeners Kidbrooke is not liable for any indirect or consequential loss arising from delays or rescheduling of the Services.

5. Client Obligations

5.1 The Client must keep pets, children, and other individuals away from the immediate work area while Services are being carried out and follow any safety advice provided by Gardeners Kidbrooke.

5.2 The Client must ensure that the garden or site is generally clear of personal items, toys, furniture, or other obstacles that may prevent or delay the Services. Gardeners Kidbrooke may, at its discretion, move light items where necessary, but is not responsible for loss or damage to items left in the work area.

5.3 The Client is responsible for obtaining any necessary consents, permissions, or approvals from landlords, neighbours, local authorities, or other relevant parties before the Services are carried out.

6. Pricing and Payments

6.1 Prices for Services will be confirmed in a quotation, estimate, or booking confirmation. Unless otherwise stated, prices are in pounds sterling and inclusive of labour and standard equipment required for the work.

6.2 Additional charges may be incurred for waste removal, specialist equipment, materials, plants, or for work that extends beyond the agreed scope due to factors not disclosed or evident at the time of quotation.

6.3 Gardeners Kidbrooke may require a deposit before commencing the Services, particularly where significant materials or plants must be purchased in advance. Any such deposit requirements will be notified to the Client at the time of booking.

6.4 Unless otherwise agreed in writing, payment for Services is due on completion of each visit or phase of work. For ongoing maintenance contracts, payment terms will be set out in the relevant agreement or invoice.

6.5 Accepted payment methods will be specified in the invoice or booking confirmation. The Client is responsible for ensuring that payment is made in full and on time.

6.6 If payment is not received by the due date, Gardeners Kidbrooke reserves the right to suspend further Services and to charge interest on the overdue amount at the statutory rate applicable to business-to-business or consumer transactions in the UK, as appropriate.

7. Cancellations and Rescheduling

7.1 The Client may cancel or request to reschedule a booking by giving reasonable notice. Specific notice periods may be stated in the quotation or booking confirmation for larger projects or regular maintenance contracts.

7.2 For standard one-off visits or routine maintenance visits, Gardeners Kidbrooke generally requires at least 24 hours notice for cancellation or rescheduling. If less than 24 hours notice is given, Gardeners Kidbrooke may charge a cancellation fee up to the full value of the booked visit.

7.3 For larger projects involving advance purchase of materials or significant time allocation, a longer notice period and specific cancellation terms may apply, including forfeiture of all or part of any deposit to cover costs already incurred.

7.4 Gardeners Kidbrooke may cancel or reschedule a booking due to weather conditions, staff illness, operational reasons, or other circumstances beyond its reasonable control. In such cases, any deposit or prepayment for the cancelled visit will be applied to a rescheduled visit or, where no rescheduling is possible, refunded in respect of the cancelled work only.

8. Waste Regulations and Disposal

8.1 Gardeners Kidbrooke will comply with relevant UK waste regulations when handling green waste and other materials arising from the Services.

8.2 Unless explicitly stated in the quotation or confirmation, removal and disposal of green waste and other waste materials is not included in the price for the Services.

8.3 Where waste removal is included or requested, the Client acknowledges that additional charges may apply based on the volume, weight, and type of waste. These charges will be communicated in advance where reasonably possible.

8.4 Gardeners Kidbrooke may, where appropriate, cut or bag green waste for the Client to dispose of via their own garden waste collection, composting, or other lawful means, if agreed as part of the Services.

8.5 The Client remains responsible for any waste on site that is not specifically agreed to be removed by Gardeners Kidbrooke as part of the Services.

9. Materials, Plants and Guarantees

9.1 Any materials, plants, or products supplied by Gardeners Kidbrooke remain the property of Gardeners Kidbrooke until paid for in full.

9.2 Gardeners Kidbrooke will use reasonable care in selecting and installing plants, turf, and other living materials, but cannot guarantee their long-term performance or survival, as this depends on factors outside its control such as weather, pests, disease, soil conditions, and the Client's ongoing maintenance.

9.3 Where manufacturers or suppliers provide guarantees on materials or products, Gardeners Kidbrooke will pass on the benefit of such guarantees to the Client, subject to the terms offered by the manufacturer or supplier.

10. Liability and Insurance

10.1 Gardeners Kidbrooke will carry appropriate public liability insurance for the Services it provides. Details can be supplied on request.

10.2 Gardeners Kidbrooke will take reasonable care to avoid damage to property during the provision of Services. If Gardeners Kidbrooke is found to be at fault, its liability will be limited to the reasonable cost of repair or replacement of the damaged item, subject to any applicable limitations in this Agreement.

10.3 Gardeners Kidbrooke is not liable for any pre-existing damage, structural issues, subsidence, hidden defects, or deterioration that becomes apparent while carrying out the Services.

10.4 Gardeners Kidbrooke is not liable for indirect or consequential losses, including loss of enjoyment, loss of profit, loss of opportunity, or any costs arising from delays, rescheduling, or the Client's failure to follow advice or maintenance instructions.

10.5 Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under UK law.

11. Complaints and Rectification

11.1 If the Client is dissatisfied with any aspect of the Services, the Client must notify Gardeners Kidbrooke as soon as reasonably possible, and within a reasonable time after completion of the relevant work.

11.2 Gardeners Kidbrooke will investigate complaints in good faith and, where it accepts that the Services did not meet reasonable standards, may offer to rectify the issue, provide additional services, or make a partial refund, at its discretion and in line with applicable consumer rights.

11.3 The Client must allow Gardeners Kidbrooke a reasonable opportunity to inspect and, where appropriate, rectify any alleged defects before engaging third parties to carry out remedial work. Gardeners Kidbrooke is not responsible for costs incurred without such opportunity being given.

12. Force Majeure

12.1 Gardeners Kidbrooke is not liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including severe weather, natural disasters, accidents, pandemics, labour disputes, or interruptions to transport or utilities.

13. Data Protection

13.1 Gardeners Kidbrooke will handle personal data in accordance with applicable UK data protection legislation. Personal data will be used only for the purposes of managing bookings, providing Services, processing payments, and communicating with the Client.

14. Variations to Terms

14.1 Gardeners Kidbrooke may update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to the relevant Agreement.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions and any disputes arising out of or in connection with them or the Services are governed by and construed in accordance with the laws of England and Wales.

15.2 The courts of England and Wales will have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with these Terms and Conditions or the Services, whether contractual or non-contractual.

16. Severability

16.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision will be severed from the remaining provisions, which will continue to be valid and enforceable.

17. Entire Agreement

17.1 These Terms and Conditions, together with any quotation or written confirmation issued by Gardeners Kidbrooke, constitute the entire agreement between the Client and Gardeners Kidbrooke in relation to the Services and supersede any prior discussions, correspondence, or understandings.

17.2 No variation of this Agreement will be effective unless agreed in writing by Gardeners Kidbrooke.