Terms and Conditions for Gardening Services

These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Thornton Heath. They are intended to be clear, practical and fair for both the customer and the service provider. By making a booking, the customer agrees to these terms, which apply to all routine and one-off garden maintenance, clearance, pruning, lawn care, soft landscaping and related services unless otherwise agreed in writing. These terms should be read alongside any written quotation, estimate, booking confirmation or service agreement issued before work begins.

For the avoidance of doubt, these terms apply to domestic and commercial customers where applicable. The exact scope of work may vary depending on the condition of the garden, access, seasonal growth, weather, equipment needs and the customer’s instructions. Gardeners Thornton Heath may refuse or pause work if site conditions create unreasonable risk, if the requested work falls outside the agreed service, or if the customer asks for something unsafe or unlawful. Any variation to the service must be confirmed before work continues.

The use of the terms “we”, “us” and “our” refers to the service provider, while “you” and “your” refer to the customer. Headings are for convenience only and do not affect interpretation. If any part of these terms is found invalid or unenforceable, the remaining provisions will continue in full force. The customer is responsible for ensuring that all information supplied during booking is accurate and complete, including access details, service requirements, and any known hazards on site.

Bookings may be made by phone, email, online form or other accepted method, subject to availability. A booking is only confirmed once we have accepted the request and, where applicable, received any required deposit or written acceptance of the quotation. Estimates are usually based on the information provided by the customer and may change if the actual site conditions differ materially from what was described. In such cases, we may revise the price before proceeding, and the customer will have the option to accept the revised terms or cancel the booking.

When arranging a visit, you must provide accurate details about the size of the area, the type of work required, whether any access restrictions apply, and whether there are pets, hazards, buried services or delicate features that need special attention. If the service involves regular visits, the schedule may be adjusted from time to time due to weather, seasonal demand or operational needs. Thornton Heath gardeners will make reasonable efforts to attend at the agreed time, but exact arrival times cannot always be guaranteed.

Any quotation may be withdrawn if it was based on incomplete information, if the customer delays acceptance for an unreasonable period, or if material costs change before the work is confirmed. A quotation is valid only for the period stated on it, or, if no period is stated, for a reasonable time in light of market conditions. Acceptance of a quote means acceptance of these terms, unless a separate written contract expressly replaces them.

Payment terms will be stated in the quotation or booking confirmation. Unless otherwise agreed, payment is due on completion of the work or within the period stated on the invoice. We may request a deposit for larger jobs, repeat work, seasonal projects, waste-heavy clearances or services requiring significant equipment or labour in advance. Deposits are normally non-refundable where work has been reserved and preparation costs have been incurred, except where cancellation rights under these terms or applicable law require otherwise.

Accepted payment methods may include bank transfer, card payment or cash, subject to prior arrangement. Any charges, fees or bank costs associated with failed payments, chargebacks or late settlement may be passed on to the customer where permitted by law. If payment is not made on time, we reserve the right to suspend further services, withdraw discounts, charge interest where lawful, and recover reasonable costs of collection. Prices are generally quoted inclusive or exclusive of VAT depending on the service arrangement and will be made clear before invoicing.

Where work is carried out on a time basis rather than on a fixed-price basis, the customer agrees that the final amount payable will reflect the actual time spent, materials used and any additional tasks agreed during the visit. If the customer requests extra work once the team is on site, we may charge for that work separately. Any estimate of duration is approximate and is not a guarantee unless expressly stated to be fixed.

Cancellations and rescheduling should be made as early as possible. If you wish to cancel or change a booking, you must give reasonable notice. For scheduled garden maintenance, cancellations made with adequate notice may not incur a charge, but where a team has already been dispatched, equipment prepared, materials purchased or labour reserved, we may charge a cancellation fee reflecting our costs and losses. Any deposit may be retained in whole or in part to cover such costs where appropriate.

If the customer is not present at the agreed time and access cannot be obtained, we may treat the visit as cancelled by the customer and charge a call-out fee or the full booking fee where reasonable. If adverse weather, safety issues or circumstances beyond our control prevent us from attending or completing the work, we may rearrange the service without liability for delay. Gardeners Thornton Heath will aim to notify you of any material change as soon as practicable.

We reserve the right to cancel or postpone a booking if the site is unsafe, access is denied, payment terms are not met, or the customer behaves in a threatening, abusive or discriminatory manner. In such circumstances, any refund will be limited to the amount already paid for work not yet carried out, after deduction of reasonable costs already incurred. No compensation will be due for loss of convenience, unless required by law.

We will carry out services with reasonable care and skill, using suitable equipment and competent personnel. However, gardening work often involves natural variation, hidden defects and unpredictable site conditions. We are not responsible for pre-existing damage, deterioration caused by weather, soil movement, pests, disease, old fixings, unstable structures or defects that were not visible or were not disclosed before work began. The customer should remove or protect fragile items, ornaments and valuables before the visit unless we have specifically agreed to handle them.

Where pruning, cutting, digging or clearance work is requested, there may be unavoidable changes to the appearance or condition of plants, lawns, borders or surrounding surfaces. We do not guarantee that all plants can be saved, that regrowth will follow any specific pattern, or that all weeds, roots or pests can be permanently eliminated in a single visit. Any advice we give is based on general horticultural practice and is not a substitute for specialist agronomic, arboricultural or structural advice where such expertise is needed.

Our liability for loss or damage arising from our services is limited to the extent permitted by law. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded. Subject to that, we will not be liable for indirect, incidental or consequential loss, loss of profit, loss of enjoyment, business interruption, or any loss arising from information or instructions supplied by the customer that are inaccurate, incomplete or misleading.

If we are found liable for damage to property or for any other claim arising from the service, our total liability will not exceed the amount paid or payable for the specific service giving rise to the claim, unless a higher amount is required by applicable law. The customer must notify us of any issue as soon as reasonably possible and in any event within a reasonable time after the event occurs, providing sufficient detail for us to investigate. We may request access to inspect the affected area before any repair or remedial action is undertaken.

Any claim will be assessed in light of whether the customer took reasonable steps to prevent loss, including moving vulnerable items, providing correct instructions, and making us aware of concealed hazards. We are not responsible for damage caused by the customer’s own actions, third parties, pets, defective materials supplied by the customer, or events outside our control. Where a defect is caused by our proven failure to exercise reasonable care and skill, our remedy may be limited to re-performance of the relevant service, a price reduction, or a refund of the affected portion of the fee.

All materials and plants supplied by us remain subject to the quality, availability and growing conditions relevant to horticultural products. Natural differences in colour, size and growth habit may occur, and these are not defects. The customer accepts that living materials cannot be guaranteed in the same way as manufactured goods, unless a specific written guarantee is given.

Waste arising from gardening work, including grass cuttings, hedge trimmings, branches, soil, green waste and non-hazardous garden debris, will be handled in accordance with applicable UK waste regulations. We may remove waste ourselves, leave it in designated areas for the customer, or arrange third-party disposal, depending on the service agreed. Where waste removal is included, it applies only to the categories and volume specified in the quotation. Additional waste may be charged separately.

Customers must disclose any material that may be hazardous, regulated or unsuitable for ordinary green-waste disposal, including asbestos, chemicals, oil, paint, sharp metal, contaminated soil, invasive plant matter requiring special handling, or other restricted items. We are not obliged to remove such waste unless expressly agreed and lawfully permitted. If prohibited materials are discovered during the job, we may stop work, isolate the area if safe to do so, and charge for time already spent.

Waste transfer, loading, transport and disposal may be subject to carrier, segregation and documentation requirements. Where necessary, we may use licensed waste contractors. The customer acknowledges that some materials may need to remain on site for collection or treatment in accordance with legal and environmental obligations. The customer must not request disposal in a manner that would breach environmental law, local authority requirements or site-specific restrictions.

Any personal data collected in connection with a booking will be processed in accordance with applicable data protection law and used only for service administration, communication, invoicing, record-keeping and related legitimate business purposes. We may retain records for a reasonable period to meet legal, tax, insurance and operational needs. The customer agrees that service photographs may be taken for internal records, quality control or evidence of completed work, provided no unnecessary personal information is included.

Either party may terminate an ongoing service arrangement by giving reasonable notice, unless immediate termination is justified by non-payment, safety concerns, unlawful conduct or serious breach. Termination does not affect accrued rights, outstanding invoices, or obligations that are intended to continue after the service ends. If the contract is terminated after work has started, the customer must pay for all work completed up to the termination date together with any reasonable committed costs.

These terms are governed by the law of England and Wales. Any dispute arising from or connected with the services, these terms, a booking, invoice or quotation will be subject to the exclusive jurisdiction of the courts of England and Wales, except where consumer law provides otherwise. Nothing in these terms affects statutory rights that cannot be waived or limited by agreement. If there is any inconsistency between these terms and a separately signed written agreement, the written agreement will prevail to the extent of the inconsistency.