Terms And Conditions

Gardeners Pentonville Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners Pentonville provides gardening and related services to residential and commercial customers. By making a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before placing an order for any services.

1. Definitions

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

Customer means the individual or business that requests and receives services from Gardeners Pentonville.

Company means Gardeners Pentonville, providing gardening and related outdoor services.

Services means any gardening, garden maintenance, garden clearance, planting, lawn care, hedge cutting, landscaping, or associated work that the Company agrees to perform for the Customer.

Site means the garden, land, or outdoor area at which the Services are to be provided.

Contract means the agreement between the Customer and the Company for the provision of Services in accordance with these Terms and Conditions.

2. Scope of Services

The Company provides a range of gardening and outdoor maintenance services, which may include regular maintenance, one-off visits, tidy-ups, soft landscaping, planting, lawn treatments, and seasonal gardening tasks. The precise scope of work for each visit will be agreed with the Customer in advance, either verbally or in writing, based on the Customer's requirements and the condition of the Site.

Any description of Services on the Company's materials or communications is for general guidance only. The Company reserves the right to adapt the methods or sequence of work as reasonably required by weather, site conditions, plant health, access, safety, and legal or regulatory requirements.

3. Booking Process and Formation of Contract

3.1 Initial enquiry

Customers may request a quotation by providing details of the Site, the services required, and preferred dates. The Company may request photographs or arrange a site visit to assess the work accurately.

3.2 Quotations

Any quotation provided by the Company is an estimate based on the information available at the time. Quotations are usually expressed as either a fixed price for a defined scope of work or an hourly or daily rate. Unless stated otherwise, quotations are valid for 30 days from the date of issue.

3.3 Acceptance and booking

A Contract is formed when the Customer confirms acceptance of the quotation or booking details, and the Company confirms the booking or commences work, whichever occurs first. Acceptance may be confirmed verbally or in writing. For certain services, the Company may require a deposit or prepayment before confirming the booking.

3.4 Recurring services

Where the Customer books recurring maintenance visits, the Contract will continue on an ongoing basis at the agreed frequency until cancelled in accordance with these Terms and Conditions. Prices for recurring services may be reviewed periodically with reasonable notice.

4. Access and Customer Responsibilities

4.1 Access to the site

The Customer is responsible for ensuring that the Company has safe and adequate access to the Site on the agreed date and time. This includes providing necessary keys, codes, or access instructions, ensuring gates are unlocked, and removing any obstacles that prevent entry.

4.2 Utilities and facilities

Where required, the Customer shall provide access to water and electricity at the Site at no charge to the Company. If such access is not available, the Company may be unable to complete certain tasks or may need to adjust the scope of work.

4.3 Pets, children, and third parties

The Customer shall ensure that pets, children, and other persons under their control are kept away from the working area for the duration of the visit, for safety reasons. The Company is not responsible for supervising pets or children at the Site.

4.4 Site conditions and information

The Customer must inform the Company of any known hazards, underground services, unstable structures, or other risks at the Site. This includes buried cables, pipes, septic tanks, or any restrictions on digging or planting. The Company is not liable for damage arising from hazards not disclosed by the Customer and not reasonably discoverable by visual inspection.

5. Pricing, Payments, and Invoicing

5.1 Prices

Prices will be as set out in the quotation or as agreed before the work begins. Unless expressly stated, prices are exclusive of any waste removal charges, specialist materials, or additional services requested after the initial agreement.

5.2 Deposits and advance payments

The Company may require a deposit or full prepayment for certain services, particularly for larger projects, one-off clearances, or where materials need to be purchased in advance. The Customer will be informed of any such requirement before confirming the booking.

5.3 Payment terms

Unless otherwise agreed, payment is due on completion of each visit or stage of work. For ongoing maintenance, the Company may issue invoices on the day of the visit, weekly, monthly, or per agreed schedule. Payment should be made using the methods accepted by the Company at the time of booking.

5.4 Late or non-payment

If payment is not received by the due date, the Company reserves the right to suspend further services until all outstanding sums are paid in full. The Company may also charge interest on overdue amounts at the statutory rate permitted under UK law from the due date until payment is received. The Customer is responsible for any reasonable costs incurred by the Company in recovering overdue payments.

6. Cancellations, Rescheduling, and Delays

6.1 Customer cancellations and rescheduling

If the Customer needs to cancel or reschedule a visit, they should provide as much notice as possible. Where less than 24 hours' notice is given, the Company reserves the right to charge a cancellation fee or a reasonable proportion of the quoted price to cover allocated time and any preparation costs.

6.2 Company cancellations and rescheduling

The Company will use reasonable endeavours to attend the Site on the agreed date and time. However, gardening services are subject to weather conditions, access issues, staff availability, and other factors. The Company may need to cancel or reschedule a visit due to severe weather, safety concerns, illness, equipment failure, or circumstances beyond its control. In such cases, the Company will inform the Customer as soon as reasonably practicable and arrange an alternative date.

6.3 Weather and seasonal factors

Certain gardening tasks cannot be carried out in adverse weather or may not be suitable at certain times of year. The Company may advise adapting or postponing work to protect plant health, safety, or quality of outcome. The Company is not liable for any loss arising from reasonable decisions to delay or alter work due to weather or seasonal conditions.

7. Changes to the Scope of Work

If the Customer requests changes to the agreed Services, or if the Company discovers that the scope was under-estimated due to concealed conditions, access limitations, or inaccurate information, the Company will discuss any necessary adjustments. This may include revised pricing, extended time on site, or a modified work plan. Additional work not included in the original quote will only be undertaken with the Customer's agreement, which may be verbal or written.

8. Waste Handling and Regulatory Compliance

8.1 Garden waste handling

Unless expressly agreed, the Company is not obliged to remove garden waste from the Site. By default, cuttings, clippings, and other green waste may be left in the Customer's garden in a suitable location, compost area, or garden waste bin. If the Customer requests removal of waste, this will be charged separately in addition to the labour and may require the use of licensed waste carriers.

8.2 Legal regulations

The Company will comply with relevant UK laws and regulations concerning waste transfer and disposal. Where the Company arranges removal of waste from the Site, it will do so in accordance with applicable legislation. The Customer must not request or permit unlawful disposal of waste, including fly tipping or burning in prohibited areas.

8.3 Hazardous and non-green waste

The Company is generally unable to remove hazardous waste, contaminated soil, building rubble, or non-garden household waste as part of standard gardening services. The Customer is responsible for arranging appropriate disposal of such items unless specifically agreed otherwise. If the presence of hazardous materials is discovered during work, the Company may suspend services until the Customer has arranged safe removal.

9. Health, Safety, and Equipment

The Company will take reasonable care to carry out work safely using appropriate tools and protective equipment. The Customer agrees not to interfere with the Company's equipment and to keep all persons and pets away from tools, machinery, and working areas.

The Company may refuse to perform tasks that it considers unsafe, unlawful, excessively hazardous, or beyond the reasonable scope of gardening services. This may include work at height without proper access equipment, use of unsafe structures, or any activity that would breach health and safety regulations.

10. Liability and Limitations

10.1 Duty of care

The Company will exercise reasonable skill and care in providing the Services. However, gardening and horticultural work inherently involve living plants, weather conditions, pests, and variable soil quality. The Company does not guarantee specific outcomes such as plant survival, growth rates, or lawn appearance, as these are influenced by factors beyond its control.

10.2 Exclusions of liability

The Company is not liable for loss or damage arising from:

a natural plant disease, pest infestations, extreme weather, drought, flooding, or other environmental conditions

b pre-existing defects in structures, fencing, paths, patios, sheds, or garden features

c failure of the Customer to follow aftercare advice, watering regimes, or maintenance instructions

d hidden obstructions, buried services, or hazards not disclosed by the Customer and not reasonably visible

e minor cosmetic damage reasonably incidental to carrying out gardening work, such as scuffing to existing surfaces when moving tools or waste.

10.3 Indirect and consequential loss

To the fullest extent permitted by law, the Company shall not be liable for any indirect, consequential, or economic losses, such as loss of enjoyment, loss of profit, or loss of opportunity, arising out of or in connection with the Services or these Terms and Conditions.

10.4 Overall limitation

Subject to any liability that cannot lawfully be excluded or limited, the Company's total liability to the Customer in respect of all claims arising under or in connection with a Contract shall not exceed the total price paid or payable by the Customer for the Services under that Contract.

11. Property Damage and Complaints

11.1 Property damage

If the Customer believes that damage to property has occurred as a result of the Company's work, the Customer must notify the Company as soon as reasonably practicable and, in any event, within 7 days of the visit. The Customer should provide details and, where possible, photographs. The Company will investigate and, where appropriate, may offer repair, replacement, or a reasonable contribution to remedying the issue, subject to the limitations set out in these Terms and Conditions.

11.2 Complaints procedure

The Company aims to provide a professional gardening service. If the Customer is dissatisfied with any aspect of the Services, they should raise the concern promptly so that the Company has an opportunity to address it. The Company will review the matter and, if it considers that the Services did not meet the agreed standard, it may offer to re-visit the Site, rectify work where reasonably possible, or provide another form of resolution at its discretion.

12. Customer Materials and Belongings

The Customer should remove or protect any items that might be affected by gardening work, such as outdoor ornaments, furniture, plant pots, toys, or personal belongings. While the Company will take reasonable care, it is not responsible for damage to items left within the working area that could reasonably have been moved or protected by the Customer.

13. Termination of Ongoing Services

For recurring maintenance contracts, either party may terminate the arrangement by giving reasonable notice, typically at least 14 days, unless otherwise agreed. The Company may terminate with immediate effect if the Customer commits a serious breach of these Terms and Conditions, fails to provide safe access, or repeatedly fails to pay invoices when due. On termination, the Customer remains liable for all Services carried out up to the termination date.

14. Personal Data and Privacy

The Company may collect and store basic personal information such as the Customer's name, address, and service details for the purpose of managing bookings, providing Services, and administering accounts. The Company will handle such information in accordance with applicable data protection laws and will not sell personal data to third parties. The Customer is responsible for ensuring that their contact details are accurate and up to date.

15. Variations to These Terms

The Company may update these Terms and Conditions from time to time. The version in force at the time of booking will apply to that Contract. Where the Customer has an ongoing arrangement, the Company may notify the Customer of any material changes, and continued use of the Services after notification will constitute acceptance of the updated terms.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services provided by Gardeners Pentonville, 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.

By making a booking with Gardeners Pentonville or allowing work to commence at your property, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.