Gardeners Kingsbury Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Kingsbury provides gardening and grounds maintenance services to domestic and commercial customers in the UK. By making a booking, confirming an estimate, or allowing work to begin, you agree to be bound by these terms. They are designed to create a clear understanding of the service process, payment obligations, cancellation rights, liability limits, and the handling of green waste and other materials. Where a written service agreement, quotation, or schedule of works contains specific terms, those terms will apply alongside these general conditions unless they directly conflict, in which case the written agreement will take priority.

1. Definitions and scope of service. In these terms, references to “we”, “us”, and “our” mean the gardening service provider trading as Gardeners Kingsbury, and references to “you” and “your” mean the customer or person accepting the service. Our services may include lawn care, hedge cutting, pruning, planting, border maintenance, clearance, seasonal tidy-ups, and other garden maintenance tasks agreed in advance. Unless expressly stated otherwise, we do not provide specialist arboricultural work, structural landscaping, pest control, or any service requiring a separate permit, certification, or trade qualification. Any such work requested by you may be declined or quoted separately.

2. Formation of contract. A booking request, whether made by phone, email, online form, or in writing, is an invitation for us to provide a quotation or availability check. A contract is formed only when we confirm acceptance of the job and you agree to the proposed scope, timing, and price. If an estimate is issued, it is not a fixed price unless clearly marked as such. An estimate may change where the condition of the garden differs from the information supplied, where access is restricted, or where additional labour, disposal, or equipment is needed. We may reasonably update the quote before or during the visit if circumstances require it, but any material change will be communicated before extra work begins where practicable.

3. Booking process. When booking garden services, you must provide accurate information about the site, the nature of the work, access arrangements, parking restrictions, pets, hazards, and any materials that need to be removed. You must also tell us about any conditions that could affect safety or the quality of the service, such as uneven ground, concealed drains, electrical lines, wildlife nests, or fragile features. We may request photographs or a site visit before confirming the booking. Appointment times are usually given as a time window rather than a guaranteed minute-by-minute arrival. We will use reasonable efforts to attend within the agreed period, but delays caused by traffic, weather, equipment issues, or prior jobs do not automatically create a right to compensation.

4. Customer responsibilities. You are responsible for ensuring safe and reasonable access to the property and to the areas where work is to be carried out. This includes unlocking gates, securing pets, protecting children from the work area, and moving personal items that might obstruct the service. Unless we agree otherwise, we assume that the site is safe for garden work and that any hidden risk will be brought to our attention in advance. If access is denied, if the property is not prepared as agreed, or if the work cannot proceed for reasons outside our control, we may treat the booking as cancelled and charge a reasonable call-out or lost-time fee where permitted by law and where disclosed in advance.

5. Changes to the agreed work. If you ask us to alter the scope of the service on the day, we may revise the price, time required, and waste charges accordingly. This includes requests for extra cutting, clearing, repositioning of materials, or additional visits. We are not obliged to carry out any task that falls outside the original agreement, that presents a health and safety concern, or that would require specialist equipment not previously arranged. Where a task is declined on legitimate grounds, the remaining agreed services may continue if it is practical and safe to do so.

6. Payments and invoicing. Payment terms will be stated in the quotation, invoice, or booking confirmation. Unless otherwise agreed in writing, payment is due on completion of the work or within the invoice period stated. We may request a deposit for larger bookings, repeat work, or jobs requiring advance procurement of materials or waste disposal arrangements. Accepted payment methods may include bank transfer, card payment, or other methods we indicate from time to time. Any fees charged by your bank or payment provider are your responsibility. If payment is overdue, we reserve the right to charge statutory interest and debt recovery costs to the extent allowed under UK law. We may also suspend further services until outstanding sums are settled in full.

7. Price variations, materials, and deposits. Where materials are supplied by us, those items will usually be charged separately unless included in the quotation. If market prices change significantly between quotation and supply, or if the customer requests premium materials, the price may be adjusted with prior notice. Deposits are generally non-refundable where we have reserved time, ordered materials, or committed resources for your booking, except where cancellation rights under law apply or where we decide otherwise at our discretion. Any deposit paid will be credited against the final invoice unless stated as a separate charge for preparatory work or non-returnable items.

8. Cancellations and rescheduling. If you need to cancel or move an appointment, please give as much notice as possible. Cancellations made with reasonable notice may not incur a charge, but late cancellations may be subject to a fee to cover lost time, especially where the booking was reserved specifically for you or where materials have already been ordered. If we must cancel or reschedule due to weather, safety concerns, staff illness, equipment failure, or events beyond our control, we will make reasonable efforts to offer a new appointment. We are not liable for any indirect loss arising from rescheduling, provided we act reasonably and in good faith. Where the Consumer Contracts Regulations or other applicable law gives you a right to cancel, those rights will apply in addition to these terms and any pre-contract information supplied to you.

9. Weather and seasonal conditions. Gardening work is affected by rain, frost, high winds, heatwaves, and seasonal plant conditions. We may postpone or adapt the service if the weather makes the work unsafe, impractical, or likely to cause damage to the garden. In such cases, we may recommend a revised appointment or partial completion of safe tasks only. If plant health, lawn condition, or ground softness means that the service cannot be completed without risk, we may refuse that element of work. You accept that natural variation in growing conditions may affect the timing and outcome of any gardening service. A reduced scope or alternative date may be the most appropriate solution in these circumstances.

10. Liability and service standards. We will carry out our work with reasonable care and skill. However, gardening involves natural materials, living plants, and variable site conditions, so outcomes may differ depending on weather, season, soil quality, prior maintenance, and the condition of existing plants. We are not responsible for pre-existing damage, disease, poor plant health, hidden defects, or failures caused by factors outside our control. Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot legally be excluded under UK law. Subject to that, our total liability for any claim arising from the service will be limited to the amount paid or payable for the specific job giving rise to the claim, except where a different limit is required by law.

11. Property, plants, and fragile items. You should remove or protect any fragile objects, ornaments, decorative features, outdoor furniture, or valuables before work begins. We may take reasonable care around such items, but we cannot guarantee the absence of accidental contact when working in a garden environment. We will use reasonable skill when handling plants, soil, turf, and tools, but we do not guarantee the survival of plants that are already stressed, diseased, overgrown, or unsuited to the location. If you ask us to undertake pruning or cutting, you accept that growth response can vary and that some species react differently depending on the season and condition of the plant. Any advice we provide is general in nature and does not replace specialist horticultural diagnosis where such diagnosis is required.

12. Waste, green waste, and environmental regulations. Waste arising from our work, including grass cuttings, branches, leaves, soil, and other garden debris, will be handled in accordance with applicable waste management and environmental regulations. Unless otherwise agreed, we will remove and dispose of green waste only where that service is included in the quotation or clearly requested and accepted. Waste may be composted, recycled, transferred to a licensed facility, or otherwise managed in a lawful manner. We are not obliged to remove hazardous waste, contaminated materials, asbestos, chemicals, oils, batteries, sharps, clinical waste, or any item requiring special disposal arrangements. If such materials are discovered, we may stop work in the affected area and advise you that specialist handling is required. You must not place prohibited waste among garden waste for collection. Any waste carrier or disposal charge incurred because of inaccurate information, contamination, or extra volume may be added to your invoice.

13. Customer-provided waste skips or disposal arrangements. If you arrange your own skip, collection container, or third-party disposal service, you are responsible for confirming its suitability, location, permits, and collection times. We will not be liable for delays or extra charges caused by the absence, overfilling, or non-availability of such arrangements. If we are asked to place garden waste into an externally supplied container, we may refuse to do so where the container is unsafe, inaccessible, or unsuitable. Any waste leaving the site under our control will be transported and disposed of in line with our obligations as a responsible service provider. We may keep reasonable records of disposal arrangements where needed for compliance.

14. Delays, interruptions, and force majeure. We are not liable for failure or delay in performing the service where the delay is caused by events beyond our reasonable control. Such events may include extreme weather, fire, flood, epidemic, transport disruption, strikes, civil disturbance, power failure, supply shortages, or access restrictions imposed by third parties or authorities. If an event beyond our control continues for a significant period, either party may agree to reschedule or terminate the affected booking without further liability, except for sums already due for work carried out or materials properly supplied. We will take reasonable steps to minimise disruption and to inform you if an appointment is likely to be affected.

15. Complaints and corrections. If you believe the service has not been delivered in accordance with the agreed scope, you should notify us within a reasonable time so the issue can be reviewed. Where appropriate, we may offer to return and correct a specific problem, provide a partial refund, or agree another fair remedy. We will not be responsible for a complaint raised long after completion if the issue could not reasonably be linked to our work or if the condition has changed due to weather, growth, use, or third-party interference. Any corrective action offered by us does not amount to an admission of liability.

16. Governing law and jurisdiction. These Terms and Conditions, any booking confirmation, and any dispute or claim arising from them are governed by the laws of England and Wales. If you are resident in Scotland or Northern Ireland, mandatory consumer protections in your jurisdiction may still apply where relevant, but the governing law will remain as stated unless otherwise required by law. The courts of England and Wales will have exclusive jurisdiction over disputes, subject to any rights you may have to bring a claim in another forum that cannot legally be excluded. If any part of these terms is found unenforceable, the remaining provisions will continue in full force.

17. General provisions. We may update these terms from time to time to reflect changes in law, industry practice, or our operating procedures. The version in force at the time of your booking will apply to that service unless a later written agreement replaces it. No failure or delay by us in exercising a right under these terms will operate as a waiver of that right. You may not transfer your rights or obligations under the contract without our written consent. These terms form the entire agreement between you and us in relation to the relevant service, except for any mandatory rights provided by law or any additional terms expressly agreed in writing. For clarity, nothing in this document is intended to undermine your statutory rights as a consumer or business customer where those rights apply.