Gardeners Dalston Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Dalston provides gardening and related services to residential and commercial clients. By booking or receiving any service from Gardeners Dalston you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings given below.
Client means the person or business requesting and purchasing the services from Gardeners Dalston.
Services means the gardening and related services provided by Gardeners Dalston, which may include but are not limited to lawn care, hedge trimming, planting, weeding, pruning, garden tidy ups, seasonal maintenance and related labour.
Visit means any agreed appointment or series of appointments during which Gardeners Dalston provides services at the property specified by the client.
Contract means the agreement between Gardeners Dalston and the client for the supply of services in accordance with these Terms and Conditions.
2. Scope of Services
Gardeners Dalston provides general garden maintenance and related services within its service area in the United Kingdom. The specific scope of work for each visit will be agreed with the client in advance, either verbally or in writing, and may be confirmed in a job description or quotation.
All services are subject to availability, site conditions and any legal or safety restrictions. Gardeners Dalston reserves the right to decline work which it reasonably considers unsafe, inappropriate, beyond its technical capability, or outside the usual scope of garden maintenance services.
3. Booking Process
3.1 Bookings may be requested via the contact methods published by Gardeners Dalston. When making a booking request, clients should provide accurate information about the property, access arrangements, garden size, current condition and the type of services required.
3.2 Gardeners Dalston will confirm acceptance of a booking and the date and time of a visit. A contract is formed only when the booking is confirmed by Gardeners Dalston. Provisional or tentative bookings are not binding until confirmed.
3.3 For larger or more complex jobs, Gardeners Dalston may require a site visit and formal quotation before accepting a booking. Any quotation will describe the proposed works and is based on the information and conditions observed at the time of the assessment.
3.4 Quotations are normally valid for a limited period, which will be specified when the quotation is issued. After that period, Gardeners Dalston may revise or withdraw the quotation.
3.5 Recurring or maintenance contracts may be offered on a weekly, fortnightly, monthly or seasonal basis. The frequency, approximate duration and nature of services will be agreed with the client at the outset. Gardeners Dalston may adjust the schedule to account for weather, seasonal growth patterns and operational requirements.
4. Access and Client Responsibilities
4.1 The client must ensure that Gardeners Dalston has safe and reasonable access to the property and garden for the scheduled visit. This includes ensuring that gates are unlocked or accessible, access routes are clear and pets are secured as appropriate.
4.2 If the gardener cannot gain access at the agreed time, or if access is unsafe or significantly obstructed, Gardeners Dalston may cancel the visit and treat it as a late cancellation. In such cases the client may be charged a call out or cancellation fee as set out in these Terms and Conditions.
4.3 The client must inform Gardeners Dalston of any known hazards, restrictions, underground services, delicate plants or features and any relevant instructions before the start of the visit. This includes, for example, hidden ponds, fragile irrigation systems, power cables, and areas where digging or heavy equipment must not be used.
4.4 Children and pets must be kept away from the immediate working area while machinery, tools or chemicals are in use. Gardeners Dalston is not responsible for injury to pets or damage to property that occurs as a result of pets interfering with the work area or equipment.
5. Pricing and Payment Terms
5.1 Gardeners Dalston may charge for services on an hourly rate, fixed price, or a combination of both, as agreed with the client in advance. The applicable rates or agreed price will be communicated before the work is carried out.
5.2 Additional charges may apply for green waste removal, specialist equipment, materials, plants, soil, aggregates, or for work requested by the client that is outside the originally agreed scope. Wherever possible, such additional costs will be discussed with the client before being incurred.
5.3 Unless otherwise agreed in writing, payment is due on completion of each visit or on receipt of an invoice. For regular maintenance clients, invoices may be issued on a periodic basis. Gardeners Dalston reserves the right to request part or full payment in advance for larger projects or new clients.
5.4 Payments must be made using the methods accepted by Gardeners Dalston at the time of invoicing. The client is responsible for ensuring that payments are made in full and on time.
5.5 If payment is not received by the due date, Gardeners Dalston may suspend further services until all outstanding sums are paid. Interest may be charged on overdue amounts at the statutory rate permitted under UK law. The client will also be responsible for any reasonable costs of debt recovery.
6. Cancellations and Rescheduling
6.1 The client may cancel or reschedule a visit by giving reasonable notice. Unless otherwise agreed, at least 24 hours notice is required for standard visits and at least 72 hours notice for larger booked projects.
6.2 If the client cancels a visit with less than the required notice, Gardeners Dalston reserves the right to charge a cancellation fee, which may be up to the full estimated cost of the scheduled visit, to cover lost time and allocated resources.
6.3 If Gardeners Dalston needs to cancel or reschedule a visit, for example due to severe weather, staff illness, equipment breakdown or other circumstances beyond its reasonable control, it will endeavour to give the client as much notice as possible and offer an alternative appointment. Gardeners Dalston is not liable for any loss arising from such cancellations or delays.
6.4 In the case of persistent failure to provide access, repeated short notice cancellations or non payment, Gardeners Dalston may terminate the contract immediately and cancel any future bookings.
7. Weather and Site Conditions
7.1 Gardening work is subject to weather and ground conditions. If weather conditions make it unsafe or impractical to perform the agreed services, Gardeners Dalston may modify, postpone or cancel the visit at its discretion.
7.2 Some tasks, such as lawn treatments, pesticide applications, or planting, may require specific weather or soil conditions. Gardeners Dalston will use reasonable skill and care in judging whether conditions are suitable but cannot guarantee results where conditions change unexpectedly.
8. Waste Handling and Environmental Regulations
8.1 Gardeners Dalston will handle garden waste in compliance with applicable UK environmental and waste disposal regulations. This may include leaving certain organic waste on site for composting or mulching, or removing green waste to an authorised facility.
8.2 The standard service may include the collection and tidy arrangement of green waste within the client garden, for example in bags, bins or compost areas. Removal of waste from the property may incur additional charges, which will be agreed where possible in advance.
8.3 Gardeners Dalston is not responsible for the disposal of non garden waste, such as builders rubble, household rubbish, plastics, metals, or hazardous materials. The client must ensure that such waste is not mixed with garden waste to be collected.
8.4 Any use of pesticides, herbicides or fertilisers will be carried out in line with manufacturer instructions and applicable regulations. Clients should follow any aftercare instructions provided, such as keeping children and pets off treated areas for a specified period.
9. Equipment and Materials
9.1 Gardeners Dalston will normally supply its own tools and machinery. All equipment remains the property of Gardeners Dalston and must not be used by the client without express permission.
9.2 Where materials, plants, or products are supplied by Gardeners Dalston, they will be of a standard suitable for the intended purpose, subject to normal variations in natural products such as turf, soil and plants.
9.3 Any guarantees or care instructions relating to plants, turf or other living materials are subject to the client following recommended watering, feeding and maintenance practices. Gardeners Dalston cannot be held responsible for failure of plants or lawns due to factors beyond its control, including drought, pests, disease, neglect, animals or extreme weather.
10. Liability and Insurance
10.1 Gardeners Dalston will exercise reasonable skill and care in providing the services and will take reasonable steps to avoid damage to property. However, minor or cosmetic damage may occur as an inherent risk of gardening work, particularly in older gardens or where structures are already fragile.
10.2 Gardeners Dalston holds appropriate public liability insurance for its activities within the United Kingdom. Details of cover can be provided on request.
10.3 To the fullest extent permitted by law, Gardeners Dalston is not liable for any indirect or consequential loss, loss of profit, loss of enjoyment, loss of use, or any loss which could not reasonably have been foreseen when the contract was formed.
10.4 Gardeners Dalston is not liable for pre existing faults, defects or weaknesses in the client property, structures, surfaces, utilities or garden features, whether known or unknown.
10.5 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded under UK law.
11. Damage and Complaints
11.1 Any concerns or complaints about the services provided should be raised with Gardeners Dalston as soon as possible, and in any event within a reasonable time after the relevant visit.
11.2 The client should provide clear details of the issue, including dates, locations and any relevant photographs or evidence. Gardeners Dalston will review the concern in good faith and, where appropriate, may offer to rectify the issue or provide a reasonable remedy.
11.3 Where alleged damage has occurred, the client must give Gardeners Dalston a reasonable opportunity to inspect the damage and, if appropriate, to arrange repairs or mitigation. The client should not instruct third parties to carry out repairs at Gardeners Dalstons cost without prior agreement, except in emergencies.
12. Health and Safety
12.1 Gardeners Dalston follows applicable UK health and safety requirements when carrying out services, including safe use of tools, machinery and chemicals.
12.2 The client must cooperate with Gardeners Dalston in ensuring a safe working environment. This may include keeping the work area clear of obstacles, ensuring that animals and children are controlled, and not interfering with equipment.
13. Intellectual Property
13.1 Any designs, planting plans, schedules or written recommendations prepared by Gardeners Dalston remain its intellectual property unless otherwise agreed in writing.
13.2 The client is granted a licence to use such designs or plans solely for the purposes of implementing and maintaining the garden at the property for which they were prepared. They must not be reproduced or used commercially without consent.
14. Data Protection and Privacy
14.1 Gardeners Dalston will collect and process client personal data only as necessary to manage bookings, provide services, issue invoices and maintain business records, in accordance with UK data protection laws.
14.2 Client details will not be sold to third parties. They may, however, be shared with service providers or advisers where necessary for business operations, compliance or debt recovery.
15. Termination
15.1 Either party may terminate an ongoing maintenance arrangement by giving reasonable notice, typically not less than 14 days, unless a different notice period has been agreed.
15.2 Gardeners Dalston may terminate the contract immediately if the client fails to pay sums due, persistently cancels visits at short notice, obstructs access, or otherwise materially breaches these Terms and Conditions.
15.3 Termination does not affect any rights or obligations that have already accrued, including payment for services already provided or costs already incurred.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions, and any contract between Gardeners Dalston and the client, are governed by and interpreted in accordance with the laws of England and Wales.
16.2 The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.
17. General Provisions
17.1 Gardeners Dalston may update or amend these Terms and Conditions from time to time. The current version at the time of booking will apply to the contract, and any significant changes will be communicated where reasonably practicable.
17.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17.3 No failure or delay by Gardeners Dalston in exercising any right or remedy shall constitute a waiver of that right or remedy.
17.4 These Terms and Conditions, together with any written quotation or job description provided to the client, constitute the entire agreement between the parties in relation to the services and supersede any prior discussions or representations.