Gardeners St James's Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners St James's provides gardening and related outdoor services to customers in the United Kingdom. By making a booking or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
1.1 Client means the person, company, or organisation requesting services from Gardeners St James's.
1.2 Company means Gardeners St James's, the gardening service provider.
1.3 Services means any gardening, garden maintenance, landscaping, clearance, planting, lawn care, hedge cutting, pruning, seasonal work, pressure washing, or related services provided by the Company.
1.4 Site means the garden, outdoor area, or other premises where the Services are to be carried out.
1.5 Contract means the agreement between the Client and the Company for the provision of Services, comprising these Terms and Conditions and any written or verbal quotation or confirmation.
1.6 Waste means any green waste, soil, turf, branches, clippings, rubble, packaging, or other materials arising from the provision of the Services.
2. Scope of Services
2.1 The Company provides gardening and outdoor maintenance services tailored to domestic and commercial clients. Typical services include, but are not limited to, lawn mowing, lawn treatments, planting, border maintenance, pruning, trimming, hedge cutting, garden tidy-ups, leaf clearance, garden clearance, weeding, soft landscaping, and related garden care.
2.2 The specific scope of work, including the areas to be serviced, the frequency of visits, and any special requirements, will be agreed with the Client in advance as part of a quotation or booking confirmation.
2.3 Any additional tasks requested by the Client beyond the agreed scope may be charged at the prevailing hourly or fixed rates, subject to the availability of the Company and confirmation from the Client.
2.4 The Company does not undertake any structural building works, major tree surgery requiring specialist licences, or work that, in the Companys reasonable opinion, falls outside normal gardening and light landscaping activities, unless expressly agreed in writing.
3. Booking Process
3.1 Bookings may be made by the Client through any contact method made available by the Company. The Client must provide accurate information about the Site, access arrangements, required Services, and any relevant health and safety considerations.
3.2 Following an enquiry, the Company may provide an estimate or quotation. Quotations may be given based on a site visit, photographs, or detailed descriptions, and may be revised if the information supplied by the Client is incomplete or inaccurate.
3.3 A booking will be considered confirmed when the Client expressly accepts the quotation or estimate, or when the Company sends written or verbal confirmation of the appointment. The Contract is formed at this point.
3.4 For larger projects or ongoing maintenance arrangements, the Company may require a written agreement or schedule of works outlining the Services, pricing, and timings. In the event of any conflict between such an agreement and these Terms and Conditions, these Terms and Conditions shall prevail unless expressly stated otherwise.
3.5 The Company reserves the right to refuse or cancel any booking where the Site conditions, access, or requested Services pose a risk to health and safety, or where the Client has previously breached these Terms and Conditions.
4. Access and Client Obligations
4.1 The Client must ensure that the Companys staff have safe and reasonable access to the Site on the agreed date and time. Any gates, doors, or access points should be unlocked or alternative arrangements agreed in advance.
4.2 The Client must inform the Company of any hazards at the Site, including uneven ground, ponds, fragile surfaces, cables, pipes, or any other risks that may affect the safe delivery of the Services.
4.3 The Client is responsible for securing pets and ensuring that children and other occupants do not interfere with the performance of the Services. The Company will not be liable for any delay or interruption caused by circumstances under the Clients control.
4.4 If the Company cannot gain access to the Site or is unable to commence the Services due to the Clients failure to comply with this section, the Company may treat the visit as a late cancellation and apply the relevant charges.
5. Pricing and Payments
5.1 Prices for Services will be communicated to the Client in advance by way of an estimate or quotation. Prices may be based on hourly rates, fixed fees, or a combination, depending on the nature of the work.
5.2 Unless otherwise stated, prices are quoted in pounds sterling and are exclusive of any applicable taxes or government charges that may be introduced or varied from time to time.
5.3 The Company reserves the right to revise its prices periodically. Any changes will not affect confirmed bookings already accepted by the Client, save where the Client requests changes to the scope or where the original information provided was incomplete or inaccurate.
5.4 Payment terms will be notified to the Client at the time of booking or in the quotation. The Company may require payment on completion, in advance, or in staged instalments for larger projects.
5.5 Payment may be made by any method accepted by the Company at the time of booking. The Client is responsible for ensuring cleared funds are available by the due date.
5.6 If payment is not received by the due date, the Company reserves the right to suspend or cancel further Services, and to charge interest on the overdue amount at the statutory rate, as well as any reasonable costs incurred in the collection of overdue sums.
6. Cancellations, Rescheduling, and Delays
6.1 The Client may cancel or reschedule a booking by giving the Company reasonable notice. Unless otherwise stated in the quotation or booking confirmation, a minimum of 24 hours notice before the scheduled start time is required.
6.2 If the Client cancels or reschedules with less than the required notice, the Company may charge a late cancellation fee, which may be up to the full amount of the scheduled visit, to cover costs and loss of opportunity.
6.3 If the Company needs to cancel or reschedule a booking, it will notify the Client as soon as reasonably possible and will offer an alternative appointment. The Company will not be liable for any loss of profit, loss of enjoyment, or indirect loss arising from such cancellation or rescheduling.
6.4 The provision of Services is subject to weather conditions and other factors beyond the Companys control. In adverse conditions such as heavy rain, high winds, storms, extreme heat, or freezing conditions, the Company may decide that it is unsafe or impractical to carry out some or all of the Services and may reschedule at its discretion.
6.5 The Company is not liable for delays or failure to perform the Services due to events beyond its reasonable control, including severe weather, accidents, illness, transport issues, equipment failure, or other force majeure events. In such circumstances, the Company will aim to rearrange the Services as soon as reasonably practicable.
7. Waste Removal and Environmental Regulations
7.1 The Company will comply with applicable UK regulations and best practice in relation to the handling and disposal of garden waste and other materials arising from the Services.
7.2 Unless expressly included in the quotation or booking confirmation, waste removal is not automatically included. By default, Waste may be left neatly on the Site for the Client to dispose of, unless a separate charge for collection and disposal has been agreed.
7.3 Where Waste removal is requested and agreed, the Company will remove the agreed quantities and types of Waste from the Site for lawful disposal or recycling. Additional charges may apply for large volumes, heavy materials, or mixed Waste that includes soil, rubble, timber, or non-green items.
7.4 The Client must not request the Company to dispose of hazardous materials or substances that are not suitable for normal garden waste streams. The Company reserves the right to decline the handling of any material that, in its reasonable opinion, presents a risk or would breach environmental regulations.
7.5 Any waste left on the Site by prior agreement becomes the responsibility of the Client. The Company accepts no liability for any local authority fines or enforcement actions arising from the Clients failure to dispose of Waste lawfully.
8. Standards of Work and Materials
8.1 The Company will provide the Services with reasonable skill and care, in line with common standards for gardening and outdoor maintenance services in the United Kingdom.
8.2 The Company will use reasonable efforts to achieve the desired appearance and condition of the garden or outdoor area. However, the Client acknowledges that gardening outcomes can be affected by factors beyond the Companys control, such as soil conditions, weather, existing plant health, pests, diseases, and the Clients ongoing maintenance.
8.3 Where the Company supplies plants, turf, or other living materials, it will take reasonable care to select suitable stock. The Company cannot guarantee the long-term survival or performance of any living materials once installed, as this depends heavily on aftercare, watering, and environmental factors.
8.4 Any materials, plants, or products supplied by the Company remain the property of the Company until full payment has been received. The Company reserves the right to remove unused materials if payment terms are not met.
9. Client Satisfaction and Complaints
9.1 The Company aims to provide a high standard of service on every visit. If the Client has any concerns about the Services, they should raise them with the Company as soon as possible.
9.2 Any complaint regarding the standard of the Services should normally be reported within 48 hours of completion of the relevant visit, so that the Company has an opportunity to inspect the work and, where appropriate, to rectify issues.
9.3 The Company will investigate complaints promptly and will, at its discretion, offer to remedy any aspect of the Services that falls below a reasonable standard, which may include redoing the work or offering a partial refund for the affected portion.
10. Liability and Insurance
10.1 The Company will take reasonable care to avoid damage to the Site and the Clients property in the course of providing the Services.
10.2 The Company shall not be liable for any pre-existing damage, defects, or conditions at the Site, nor for any deterioration arising from normal gardening activities such as lawn mowing, pruning, or soil cultivation, where carried out with reasonable care.
10.3 The Companys total liability to the Client for any loss or damage arising from the Services, whether in contract, tort, or otherwise, shall be limited to the total fees paid or payable by the Client for the specific visit or project giving rise to the claim.
10.4 The Company will not be liable for any indirect or consequential losses, including but not limited to loss of profit, loss of enjoyment, or loss of opportunity, even if such losses were foreseeable.
10.5 Nothing in these Terms and Conditions excludes or limits the Companys liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under UK law.
11. Health and Safety
11.1 The Company will carry out the Services in accordance with applicable health and safety legislation and recognised safe working practices.
11.2 The Client must not instruct the Companys staff to perform any task that is unsafe or beyond the scope of the agreed Services. The Company reserves the right to refuse any instruction that, in its reasonable opinion, would expose staff, the Client, or third parties to unacceptable risk.
12. Termination
12.1 Either party may terminate an ongoing maintenance arrangement by giving reasonable notice, typically not less than 14 days unless otherwise agreed.
12.2 The Company may terminate the Contract with immediate effect if the Client commits a serious breach of these Terms and Conditions, fails to pay sums due within a reasonable period, or behaves in an abusive, threatening, or otherwise unacceptable manner towards the Companys staff.
12.3 On termination, the Client shall pay for all Services provided up to the date of termination and for any materials ordered specifically for the Clients project that cannot be cancelled or reused.
13. Privacy and Data
13.1 The Company will collect and use personal data from the Client only to the extent necessary to manage bookings, deliver Services, and administer the business.
13.2 The Company will take reasonable steps to keep personal information secure and will not sell or otherwise disclose it to third parties except where necessary to deliver the Services, comply with legal obligations, or with the Clients consent.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them, or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
14.2 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 provision of the Services.
15. General Provisions
15.1 If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect.
15.2 No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy.
15.3 The Client may not assign or transfer any of their rights or obligations under the Contract without the prior consent of the Company. The Company may assign or subcontract its rights and obligations where reasonably necessary to deliver the Services.
15.4 These Terms and Conditions, together with any quotation or service schedule, constitute the entire agreement between the parties in relation to the Services and supersede any previous understanding or arrangement.
By proceeding with a booking or allowing work to begin, the Client confirms that they have read, understood, and agree to these Terms and Conditions.