Terms And Conditions
Gardeners Lewisham Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Lewisham 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 words have the meanings given below.
Customer means the individual or business purchasing services from Gardeners Lewisham.
Services means any gardening, garden maintenance, clearance, landscaping, planting, lawn care, hedge trimming, pruning, or other related work provided by Gardeners Lewisham.
Agreement means the contract between Gardeners Lewisham and the Customer comprising these Terms and Conditions and any written or verbal confirmation of the booking.
Visit means each occasion on which Gardeners Lewisham attends the Customer’s premises to provide the Services.
2. Scope of Services
Gardeners Lewisham provides general and specialist gardening services within its operating area. The specific Services to be supplied will be agreed at the time of booking, based on the Customer’s instructions and any assessment carried out by Gardeners Lewisham.
Any illustrations or descriptions of services, materials, or results are for guidance only and do not form part of the Agreement. The Customer is responsible for clearly explaining the work required and for confirming that the Services meet their needs.
3. Booking Process
3.1 A booking may be requested by the Customer by telephone, online enquiry, or in person. A booking is not confirmed until accepted by Gardeners Lewisham.
3.2 Gardeners Lewisham may request photos, measurements, or a site visit before confirming the booking, especially for larger or more complex projects.
3.3 For certain Services, Gardeners Lewisham may provide an estimate or quote. An estimate is an approximation only and may be subject to change if the actual work required differs from the information originally provided. A quote is a price based on current information and assumptions, which may still be adjusted if unexpected conditions arise, as described in these Terms.
3.4 When a booking is confirmed, Gardeners Lewisham will provide, where applicable, an estimated start date, approximate duration, and summary of the Services to be provided. Time and dates are given in good faith but are not guaranteed, and may be subject to change in accordance with clause 4.
4. Scheduling and Access
4.1 Visits are usually scheduled within a time window rather than at a specific exact time. Factors such as weather, traffic, and delays on earlier jobs can affect arrival times.
4.2 The Customer must ensure that Gardeners Lewisham has safe and reasonable access to the garden and all relevant areas at the agreed time, including any required access through internal rooms, side passages, garages, or communal areas.
4.3 If Gardeners Lewisham is unable to gain access, or considers access unsafe, the Visit may be cancelled or rescheduled. In such cases, a call-out or late cancellation charge may apply as described in clause 7.
4.4 Gardeners Lewisham reserves the right to postpone or cancel a Visit due to adverse weather conditions or other circumstances beyond its reasonable control where proceeding with the work would be unsafe, impractical, or likely to damage the garden. Gardeners Lewisham will aim to reschedule the Visit as soon as reasonably practicable.
5. Customer Responsibilities
5.1 The Customer must provide accurate information about the garden, including size, layout, and any known issues such as poor ground conditions, pests, underground services, or buried objects.
5.2 The Customer must advise Gardeners Lewisham in advance of any hazards at the premises, including but not limited to uneven surfaces, loose steps, low branches, sharp objects, or hazardous materials.
5.3 The Customer must ensure that children and pets are kept away from areas where Gardeners Lewisham is working and that vehicles or personal items are moved if necessary to permit safe access.
5.4 If the Customer requires the use of particular products or materials, they must inform Gardeners Lewisham at the time of booking so that suitability can be assessed. Gardeners Lewisham is not responsible for the performance or suitability of products supplied directly by the Customer.
5.5 For regular maintenance services, the Customer is responsible for informing Gardeners Lewisham promptly of any desired changes to the frequency or scope of work.
6. Prices and Payment
6.1 Unless otherwise stated, prices are quoted in pounds sterling and are exclusive of any applicable taxes or statutory charges which may be added where required by law.
6.2 Pricing may be based on an hourly rate, a fixed price for the job, or a combination of both, depending on the nature of the Services. This will be made clear at the time of booking or confirmation.
6.3 Gardeners Lewisham reserves the right to revise prices if the information provided by the Customer is incomplete or inaccurate, or if unforeseen conditions arise that significantly change the nature or duration of the work required. Any such changes will be explained to the Customer as soon as reasonably possible.
6.4 Payment terms will be notified to the Customer at the time of booking or in the booking confirmation. Unless otherwise agreed, payment is due on completion of each Visit or, for larger projects, in staged instalments as set out in the Agreement.
6.5 Gardeners Lewisham may require a deposit for certain Services or materials. Deposits are generally non-refundable once materials have been ordered or work has been scheduled, except where required by law or as otherwise stated in these Terms.
6.6 Payment may be made by methods accepted by Gardeners Lewisham from time to time. Cash payments, if accepted, must be made directly to a representative of Gardeners Lewisham who will provide appropriate confirmation if requested.
6.7 If payment is not made by the due date, Gardeners Lewisham may charge interest on overdue sums at a reasonable rate and may suspend further Services until full payment is received. The Customer may also be liable for any costs incurred by Gardeners Lewisham in seeking to recover overdue accounts.
7. Cancellations and Amendments
7.1 The Customer may cancel or amend a booking by giving Gardeners Lewisham reasonable notice. For most standard Visits, at least 24 hours notice is required. For larger projects, a longer notice period may apply and will be stated in the booking confirmation.
7.2 If the Customer cancels or seeks to reschedule a Visit with less than the required notice, Gardeners Lewisham reserves the right to charge a late cancellation fee, which may be up to the value of the minimum call-out or the proportion of the scheduled work.
7.3 If Gardeners Lewisham needs to cancel or reschedule a Visit, it will provide as much notice as reasonably practicable and will offer an alternative date and time. Gardeners Lewisham is not liable for any indirect or consequential losses arising from such rescheduling.
7.4 If the Customer repeatedly cancels or fails to provide access for scheduled Visits, Gardeners Lewisham may terminate ongoing maintenance arrangements with immediate effect.
8. Garden Waste and Regulatory Compliance
8.1 Subject to prior agreement, Gardeners Lewisham may remove green waste such as grass cuttings, leaves, and branches produced during the Visit. Any charges for waste removal will be explained to the Customer in advance.
8.2 In some cases, it may be more economical or environmentally appropriate for green waste to be left on site in the Customer’s own composting areas or green waste bins. Gardeners Lewisham will follow the Customer’s reasonable instructions in this regard, subject to safety and local regulations.
8.3 Gardeners Lewisham complies with applicable waste management and environmental regulations. Certain types of waste, including soil, rubble, large tree trunks, invasive species, or contaminated materials, may require specialist handling or may not be removed as part of standard Services. Any additional costs or restrictions will be explained to the Customer.
8.4 The Customer remains responsible for any existing waste or fly-tipped material on the property that has not been generated by the Services. Gardeners Lewisham may agree to remove such waste for an additional charge where lawful and practicable.
8.5 The Customer must not request Gardeners Lewisham to dispose of waste in a manner that breaches environmental or local authority regulations. Gardeners Lewisham reserves the right to refuse any such request.
9. Materials, Plants, and Guarantees
9.1 Where Gardeners Lewisham supplies materials, plants, or turf, it will use reasonable care to select products of appropriate quality and suitability.
9.2 Natural materials and plants are subject to variation in colour, growth, and performance. While Gardeners Lewisham will use reasonable skill and care in planting and installation, it cannot guarantee the long-term survival or performance of plants, lawns, or living materials, as these depend heavily on weather, pests, diseases, and the Customer’s ongoing maintenance.
9.3 Any manufacturer or supplier guarantees applicable to materials or equipment will be passed on to the Customer where permissible. Gardeners Lewisham’s responsibility will be limited to the extent of those guarantees and its own obligations under law.
10. Liability and Limitations
10.1 Gardeners Lewisham will exercise reasonable care and skill in providing the Services. If the Customer is not satisfied with any aspect of the work, they must notify Gardeners Lewisham as soon as reasonably possible so that any issues can be investigated.
10.2 Gardeners Lewisham is not liable for pre-existing defects in the garden, structures, fences, walls, patios, or other features, nor for damage arising from such defects during normal and careful performance of the Services.
10.3 The Customer is responsible for ensuring that any permissions, consents, or approvals required for the Services, including planning or landlord consents where applicable, are obtained before the work begins. Gardeners Lewisham is not liable for any loss or penalty arising from a failure to obtain such permissions.
10.4 Gardeners Lewisham will not be liable for any indirect, consequential, or purely economic loss, including loss of enjoyment, loss of use, or loss of profits, arising out of or in connection with the Services or these Terms, to the fullest extent permitted by law.
10.5 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter where liability cannot lawfully be excluded or limited.
10.6 Except where prohibited by law, the total liability of Gardeners Lewisham to the Customer in respect of any claim arising out of the Agreement shall be limited to the total amount paid or payable by the Customer for the specific Visit or project giving rise to the claim.
11. Damage to Property
11.1 Gardeners Lewisham will take reasonable care to avoid damage to the Customer’s property while carrying out the Services. The Customer should identify and clearly mark any vulnerable or delicate items, including irrigation systems, cables, or ornaments.
11.2 Gardeners Lewisham is not responsible for damage to underground pipes, cables, or other concealed services that were not reasonably apparent or not disclosed by the Customer in advance.
11.3 Any damage caused directly by negligence of Gardeners Lewisham will be assessed and, where appropriate, repaired or compensated for to a reasonable standard, taking into account the age and condition of the affected property.
12. Health, Safety, and Environmental Protection
12.1 Gardeners Lewisham follows health and safety practices appropriate to the nature of the Services, including the use of personal protective equipment and safe handling of tools and machinery.
12.2 The Customer must not request work to be carried out in a manner that Gardeners Lewisham considers unsafe or in breach of relevant regulations. Gardeners Lewisham may refuse to carry out or may stop work if conditions are unsafe.
12.3 Where garden chemicals, fertilisers, or treatments are used, Gardeners Lewisham will follow manufacturer guidance and applicable regulations. The Customer may be advised to keep children and pets away from treated areas for a specified period.
13. Complaints and Dispute Resolution
13.1 If the Customer has any concern or complaint about the Services, they should raise it with Gardeners Lewisham as soon as possible, giving reasonable details and, where appropriate, allowing inspection of the work.
13.2 Gardeners Lewisham will seek to resolve complaints promptly and fairly, which may include rectifying work, offering a partial refund, or explaining why no further action is considered necessary, depending on the circumstances.
13.3 Nothing in this clause affects the Customer’s statutory rights under consumer protection legislation where applicable.
14. Termination
14.1 Either party may terminate an ongoing maintenance arrangement by giving reasonable notice to the other, usually not less than one Visit in advance, unless a different notice period has been agreed.
14.2 Gardeners Lewisham may terminate the Agreement immediately where the Customer is in serious or persistent breach of these Terms, fails to pay amounts due, behaves abusively towards staff, or requests unlawful or unsafe practices.
14.3 Termination does not affect any rights or obligations that have already arisen, including the Customer’s obligation to pay for Services already supplied or costs already incurred.
15. Data and Privacy
15.1 Gardeners Lewisham may collect and use personal information about the Customer, such as contact details and address, for the purpose of providing the Services, managing bookings, and issuing invoices.
15.2 Personal information will be handled in accordance with applicable data protection laws. Gardeners Lewisham will not sell Customer data to third parties and will only share information where necessary to deliver the Services, comply with legal obligations, or with the Customer’s consent.
16. Changes to These Terms
16.1 Gardeners Lewisham may update these Terms and Conditions from time to time. The version in force at the time of booking will apply to that particular Agreement, unless a change is required by law or expressly agreed with the Customer.
16.2 Updated Terms may be made available on request or via any usual communication channels used by Gardeners Lewisham.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions and any dispute or claim arising out of or in connection with them, or with the Services provided, shall be governed by and construed in accordance with the laws of England and Wales.
17.2 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 or the Services, except where consumer law allows a different jurisdiction.
By proceeding with a booking or by allowing work to begin, the Customer confirms that they have read, understood, and agree to these Terms and Conditions.