Terms And Conditions
Gardeners Kensington Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Kensington provides gardening and related services to residential and commercial customers. By making a booking, accepting a quote, or allowing our gardeners to start work at your property, you agree to be bound by these Terms and Conditions. Please read them carefully before placing an order for services.
1. Definitions
In these Terms and Conditions the following expressions have the meanings set out below:
Client means the person or organisation requesting and paying for the services.
Company means Gardeners Kensington, the provider of the services.
Services means gardening, garden maintenance, lawn care, pruning, planting, garden tidy ups, waste removal related to gardening, and any other work agreed in writing between the Company and the Client.
Property means the location at which the services are to be carried out.
Agreement means the contract formed between the Client and the Company incorporating these Terms and Conditions, any quotation, and any agreed variations in writing.
2. Scope of Services
The Company will provide the services agreed with the Client, which may include but are not limited to lawn mowing, hedge trimming, weeding, planting, pruning, garden clearance, soft landscaping, and seasonal maintenance. Any description of services, whether on the Company website, in promotional material, or in quotations, is a general guide only and does not guarantee a particular outcome.
The exact scope of work for each visit may be confirmed in a quotation, work order, or communication agreed between the Company and the Client. The Company reserves the right to decline work that it considers unsafe, unsuitable, or beyond the agreed scope.
3. Booking Process
Bookings may be made by the Client by contacting the Company and providing details of the requested services and the Property. The Company may conduct an initial consultation, which may be by telephone, electronic communication, or in person at the Property, to understand the Client's requirements.
Following the consultation, the Company may provide a quotation or an estimate setting out the proposed services, rates, and any relevant assumptions. A booking is accepted, and an Agreement formed, when the Client confirms acceptance of the quotation or estimate and the Company confirms the booking or starts work, whichever occurs first.
The Client is responsible for ensuring that all details provided at the time of booking are accurate, including name, address of the Property, access arrangements, and any specific requirements or restrictions relevant to the services.
4. Quotations and Estimates
Quotations are valid for a limited period from the date issued, as stated on the quotation, or if not stated, for 30 days. The Company reserves the right to withdraw or amend any quotation prior to acceptance.
Where the Company provides an estimate rather than a fixed quotation, the final price may vary according to the actual time spent, materials used, and specific conditions encountered at the Property. The Company will inform the Client as soon as reasonably practicable if it becomes apparent that the estimated price is likely to be exceeded and will seek approval before proceeding wherever possible.
5. Access to the Property
The Client must ensure that the Company has safe and reasonable access to the Property at the agreed dates and times. This includes access to gardens, external areas, and any internal routes reasonably needed to reach the work area, as well as access to electricity and water if required.
If the Company is unable to access the Property or carry out the services due to circumstances within the Client's control, such as locked gates, restricted access, or health and safety concerns, the visit may be treated as a late cancellation and a fee may be charged in accordance with the cancellation terms below.
6. Client Responsibilities
The Client must inform the Company of any hazards, buried services, uneven ground, or other risks at the Property which might affect the services or pose a danger to the Company’s gardeners, the Client, or third parties.
The Client must ensure that pets and children are kept away from the work area during the provision of services and that personal belongings and fragile items are removed or adequately protected.
The Client is responsible for complying with any planning permissions, covenants, local restrictions, or other legal requirements relating to works at the Property, unless otherwise agreed in writing.
7. Materials, Plants, and Equipment
Unless agreed otherwise, the Company will supply all necessary tools and standard equipment required to carry out the services. Where the Client requests specific materials, plants, or products, the Company may source these on the Client’s behalf and charge the cost, including any reasonable handling or delivery charges.
Any images or descriptions of plants and materials are indicative only. Growth, flowering, and long-term condition of plants depend on factors beyond the Company’s control, including weather, soil conditions, maintenance, and pests. The Company does not guarantee the lifespan or performance of plants, turf, or living materials once installed, unless expressly stated in writing.
8. Waste Regulations and Green Waste Disposal
During the provision of services, green waste such as grass cuttings, branches, leaves, and plant material may be generated. The handling and disposal of such waste will be agreed with the Client in advance.
Where the Client requests removal of green waste, the Company will do so in compliance with applicable waste and environmental regulations in the United Kingdom. Additional charges for collection, transport, and disposal may apply and will be stated in the quotation or advised to the Client before removal.
If the Client chooses to retain green waste on site, for example in compost heaps or garden bins, the Company may assist in placing the waste in locations designated by the Client, subject to health and safety considerations. Responsibility for long-term management of retained waste rests with the Client.
The Company will not remove hazardous waste, soil contamination, or materials outside the scope of usual garden waste unless specifically agreed and properly regulated. The Client must disclose if any area contains potential hazardous substances or controlled materials.
9. Payments and Charges
The Client agrees to pay the Company the charges for services as set out in the quotation, estimate, or agreed rates. Charges may be on a fixed price basis, hourly rate, or a combination of both, depending on the nature of the work.
Payment terms will be stated on the invoice or in the quotation. Unless otherwise specified, payment is due on completion of the services or, for ongoing maintenance, in accordance with the regular billing period agreed with the Client.
The Company may require a deposit before commencement of work, particularly for larger projects or where materials and plants must be purchased in advance. Deposits may be non-refundable in the event of late cancellation or significant changes to the scope of work, except where otherwise required by law.
If payment is not received by the due date, the Company reserves the right to charge interest and reasonable administration fees on overdue amounts and to suspend or cancel further services until payment is made in full.
10. Cancellations and Amendments
The Client may cancel or request to reschedule a booking by providing reasonable notice to the Company. Unless otherwise agreed, the following will apply:
If the Client cancels more than 48 hours before the scheduled start time, no cancellation fee will normally be charged, other than any non-refundable costs reasonably incurred by the Company for materials or special arrangements.
If the Client cancels within 24 to 48 hours of the scheduled start time, the Company may charge a partial cancellation fee to cover lost time and costs.
If the Client cancels within 24 hours of the scheduled start time, or if the Company is unable to access the Property or carry out the services due to circumstances within the Client’s control, the Company may charge a fee up to the full value of the booked services for that visit.
The Company may need to amend or cancel bookings due to weather conditions, safety concerns, staff availability, or other circumstances beyond its reasonable control. In such cases the Company will notify the Client as soon as reasonably practicable and offer an alternative date or, where appropriate, a refund for any services not provided.
11. Service Quality and Complaints
The Company aims to provide services with reasonable care and skill. If the Client is dissatisfied with any aspect of the services, the Client should notify the Company as soon as possible, ideally within 48 hours of the visit or completion of the work, so that the Company has an opportunity to inspect and, where appropriate, rectify the issue.
The Company may at its discretion offer to revisit the Property, make adjustments, or provide another form of remedy where a complaint is found to be justified. Any remedy will be proportionate to the nature of the issue and the services originally agreed.
12. Liability and Limitations
Nothing in these Terms and Conditions limits or excludes the Company’s liability for death or personal injury caused by its negligence, for fraud, or for any other liability which cannot lawfully be limited or excluded.
Subject to the preceding paragraph, the Company’s total liability to the Client arising under or in connection with the Agreement, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the Client to the Company for the relevant services that gave rise to the claim.
The Company will not be liable for loss or damage arising from:
Pre-existing defects, structural issues, or pest problems at the Property.
Failure by the Client to follow advice, aftercare instructions, or recommended maintenance procedures.
Adverse weather, natural events, or other circumstances beyond the Company’s reasonable control.
Indirect or consequential loss, including but not limited to loss of enjoyment, loss of profits, loss of opportunity, or loss of value of the Property.
The Client is responsible for ensuring that personal items, ornaments, furniture, and fragile objects are removed from the work area or adequately protected. The Company will take reasonable care but will not be liable for minor cosmetic damage or accidental damage to low-value garden items unless caused by clear negligence.
13. Health and Safety
The Company will carry out the services in accordance with applicable health and safety legislation and good industry practice. The Company may refuse to perform any task that it considers unsafe, illegal, or unsuitable for the equipment available.
The Client must cooperate with all reasonable instructions from the Company related to health and safety, including keeping children and pets away from machinery, tools, chemicals, and the immediate working area.
14. Insurance
The Company maintains appropriate insurance cover for its gardening and maintenance activities, including public liability insurance as required by law or good practice. Evidence of insurance can be provided to the Client on reasonable request.
15. Data Protection and Privacy
The Company may collect and store personal information about the Client, such as name, address, and contact details, for the purposes of managing bookings, providing services, and maintaining business records.
The Company will handle personal data in accordance with applicable data protection laws in the United Kingdom and will not sell personal data to third parties. Information may be shared with trusted contractors or suppliers only where necessary to deliver the services or fulfil legal obligations.
16. Force Majeure
The Company will not be liable for any delay or failure to perform its obligations under the Agreement where such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to extreme weather, natural disasters, acts of government, labour disputes, epidemics, or failure of transport or utilities.
17. Variations to the Terms
The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of the Client’s booking or acceptance of a quotation will apply to that Agreement. Any variation to these Terms and Conditions must be agreed in writing between the Client and the Company.
18. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter, 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.
19. Severability
If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be treated as modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted, without affecting the validity and enforceability of the remaining provisions.
20. Entire Agreement
These Terms and Conditions, together with any quotation or written variation agreed between the Client and the Company, constitute the entire agreement between the parties in relation to the services and supersede all previous understandings, arrangements, or statements relating to the subject matter.
By proceeding with a booking or allowing services to commence, the Client confirms that they have read, understood, and agree to these Terms and Conditions.
