Gardeners Enfield Lock Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Enfield Lock provides gardening and related services to residential and commercial customers. By booking or using any of our services, you agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Company refers to Gardeners Enfield Lock, the gardening service provider.
Customer refers to the person, company, or organisation booking or paying for the services.
Services refers to gardening and related services provided by the Company, which may include garden maintenance, lawn care, planting, hedge trimming, clearance, and other similar work as agreed.
Service Address refers to the property at which the services are to be carried out.
Agreement refers to the contract formed between the Company and the Customer, comprising these Terms and Conditions and any written or verbal confirmation of booking.
2. Scope of Services
The Company will provide gardening services as agreed with the Customer during the booking process. The scope of work may include one-off gardening visits, regular maintenance, and seasonal work. Any description of services provided by the Company is for general guidance and may be adapted to the specific needs of the Customer and the Service Address.
The Company reserves the right to decline work that is unsafe, unlawful, beyond reasonable horticultural practice, or outside the expertise or equipment available to the Company.
3. Booking Process
3.1 Bookings may be made by the Customer through the Company’s designated booking methods as communicated from time to time. By making a booking, the Customer confirms that they are authorised to do so in respect of the Service Address.
3.2 At the time of booking, the Customer should provide accurate information, including the Service Address, description of the garden, any access restrictions, parking arrangements, and any specific requirements. The Company will rely on the information supplied to plan the service and estimate costs.
3.3 The Company may provide an estimate or quote based on the information supplied and, where appropriate, an inspection of the Service Address. Estimates are indicative and may be adjusted if additional work is required or if the information provided by the Customer was incomplete or inaccurate.
3.4 A booking is deemed accepted and an Agreement formed when the Company confirms the appointment verbally or in writing, or when the Customer accepts a written quote and a service date is agreed.
3.5 The Customer must ensure safe and reasonable access to the Service Address on the agreed date and time, including arrangements for keys or entry codes where relevant.
4. Pricing and Payments
4.1 Services may be charged on an hourly basis, a fixed price basis, or a combination of both, as confirmed at the time of booking or in the quote.
4.2 Prices may take into account factors such as garden size, condition, complexity of work, travel time, equipment required, disposal of green waste, and any special materials requested by the Customer.
4.3 Unless otherwise stated, prices are exclusive of any government taxes that may apply. If applicable, such taxes will be clearly identified in any invoice or receipt.
4.4 The Customer agrees to pay the Company in accordance with the payment terms confirmed at the time of booking. This may include payment on completion, in advance, or according to an agreed schedule for ongoing maintenance services.
4.5 The Company may request a deposit for certain services, particularly for larger projects or where materials must be ordered in advance. Deposits are non-refundable except as expressly stated in these Terms and Conditions or as required by law.
4.6 Payment methods accepted by the Company will be communicated to the Customer. The Customer must ensure that payment is made in full and on time. The Company reserves the right to withhold further services if outstanding balances remain unpaid.
4.7 If the Customer fails to make payment by the due date, the Company may charge interest on overdue sums at a reasonable rate, and may recover all reasonable costs of collection.
5. Cancellations, Rescheduling and Access
5.1 The Customer may cancel or reschedule a booking by giving notice to the Company. The minimum notice period for cancellation or rescheduling will typically be 24 to 48 hours prior to the scheduled visit, and the applicable period will be communicated at the time of booking.
5.2 If the Customer cancels or reschedules a booking with less notice than the minimum period, the Company may charge a late cancellation fee or a call-out fee reflecting the time reserved and any costs incurred.
5.3 If the Company arrives at the Service Address at the agreed time and is unable to gain access, or if the work cannot be carried out due to circumstances within the Customer’s control such as blocked access, lack of parking where previously agreed, or unsafe conditions created by the Customer, the visit may be treated as a late cancellation and a fee may be charged.
5.4 The Company reserves the right to cancel or reschedule a booking in the event of adverse weather, staff illness, equipment failure, safety concerns, or other circumstances beyond its reasonable control. The Company will endeavour to give as much notice as possible and to offer an alternative appointment.
5.5 For ongoing maintenance plans, either party may terminate the arrangement by giving reasonable written notice, subject to any minimum term or specific conditions agreed at the outset.
6. Customer Obligations
6.1 The Customer must provide accurate information about the garden and any known risks or hazards at the Service Address, such as uneven ground, ponds, unstable structures, or underground cables and pipes.
6.2 The Customer must ensure that the Service Address is reasonably accessible and safe for the Company’s staff and contractors. This includes securing pets, clearing personal items that obstruct access, and informing household members or tenants that work will be carried out.
6.3 The Customer must provide access to running water and electricity where needed for the safe operation of equipment, unless otherwise agreed in advance.
6.4 Where the Customer supplies materials or equipment, the Customer is responsible for ensuring they are suitable and safe for use. The Company may decline to use items that it reasonably considers unsafe or inappropriate.
7. Waste Removal and Environmental Regulations
7.1 The Company will handle garden waste in accordance with relevant waste and environmental regulations. Standard services may include cutting and collection of green waste, but not necessarily its removal from the Service Address unless specifically agreed.
7.2 The Customer should clarify at the time of booking whether they require removal of green waste. An additional charge may apply for collection, transport, and lawful disposal of waste.
7.3 Where removal of waste is not included, the Company may place green waste in designated garden waste bins or in a suitable area on the Customer’s property as agreed.
7.4 The Company will not remove prohibited materials, hazardous waste, soil contaminated with chemicals, or items that fall outside the scope of typical garden waste. The Customer is responsible for arranging appropriate specialist disposal for such items.
7.5 The Company aims to operate in an environmentally responsible manner and may use methods that promote sustainable garden care, subject to practicality and the Customer’s preferences.
8. Quality of Service and Complaints
8.1 The Company will provide services with reasonable care and skill, using appropriately trained personnel and suitable equipment for the tasks undertaken.
8.2 If the Customer has concerns about the quality of the work, they should notify the Company as soon as possible, ideally within 48 hours of the service visit, giving clear details and, where possible, photographs of the issue.
8.3 Where a complaint is justified, the Company may, at its discretion, offer to rectify the work, provide a partial refund, or make another reasonable adjustment. Any remedy will be proportionate to the nature of the issue and the service originally agreed.
9. Liability and Limitations
9.1 Nothing in these Terms and Conditions limits or excludes the Company’s liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be limited or excluded.
9.2 Subject to the above, the Company’s liability to the Customer for any loss or damage arising out of or in connection with the services shall be limited to the total amount paid or payable by the Customer for the specific service visit or project giving rise to the claim.
9.3 The Company is not liable for indirect or consequential losses, including loss of enjoyment, loss of use, loss of profit, or loss of value of the property, except where such losses cannot lawfully be excluded.
9.4 The Customer is responsible for protecting any delicate or high-value items in the garden or at the Service Address. The Company will take reasonable care but is not liable for accidental damage to items that were not clearly identified and reasonably protected prior to the service.
9.5 The Company will not be held responsible for damage to underground pipes, cables, or other installations that were not clearly marked or disclosed by the Customer, or which could not reasonably have been foreseen.
9.6 The Company is not responsible for deterioration of plants, lawns, or garden features due to weather conditions, pests, diseases, lack of watering, or other factors beyond its control, including any failure by the Customer to follow aftercare advice.
10. Insurance
The Company aims to maintain appropriate insurance cover in respect of public liability and, where applicable, employer liability. Details of insurance cover can be made available to the Customer upon reasonable request.
11. Health and Safety
11.1 The Company adheres to relevant health and safety requirements and expects the Customer to support safe working practices.
11.2 The Company may suspend or modify work if, in its reasonable opinion, conditions at the Service Address pose a safety risk to personnel or others. The Customer may be charged for time spent on site if the risk arises from circumstances within the Customer’s control.
12. Force Majeure
The Company is not liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control. Such events may include severe weather, floods, fire, strikes, equipment breakdown, or restrictions imposed by authorities. In such cases, the Company will endeavour to reschedule work as soon as reasonably practicable.
13. Data Protection and Privacy
The Company may collect and process personal information about the Customer for the purposes of managing bookings, delivering services, and administering accounts. The Company will handle such information in a lawful and responsible manner, and will not sell or share personal data with third parties for marketing purposes without consent, except where required by law.
14. Changes to Terms and Conditions
The Company 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. Updated terms may be made available to Customers and will apply to future bookings.
15. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the services provided, shall be governed by and construed in accordance with the laws of England and Wales.
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 services provided by the Company.
16. General Provisions
16.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
16.2 The failure of the Company to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
16.3 The Agreement is between the Company and the Customer and is not intended to confer any rights on any third party.