Terms And Conditions

Gardeners Heston Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Heston to customers within its service area in the United Kingdom. By booking or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Customer means any individual or business who requests, books, or receives services from Gardeners Heston.

Services means any gardening, garden maintenance, clearance, landscaping, planting, lawn care, hedge trimming, pruning, or related work provided by Gardeners Heston.

Service Area means the primary geographical area in which Gardeners Heston offers services, generally focused around Heston and surrounding locations in the United Kingdom.

Agreement means the contract formed between Gardeners Heston and the Customer once a booking is accepted.

2. Booking Process

2.1 Customers may request a booking by contacting Gardeners Heston and providing accurate details of the property, required services, access arrangements, and any specific instructions.

2.2 We may provide a quote based on the information you supply and, where necessary, after an on-site visit. All quotes are given in good faith, based on the information available at the time.

2.3 Quotes may be provided as a fixed price for a defined scope of work or as an hourly or daily rate. Any limitations or exclusions will be explained at or before the time of booking.

2.4 A booking is only confirmed when we expressly accept it. Acceptance may be communicated verbally or in writing, including confirmation of the date, time, location, and scope of the Services.

2.5 The Customer is responsible for ensuring that all information provided at the time of booking is accurate and complete. Gardeners Heston is not liable for delays, additional costs, or inability to carry out the Services arising from inaccurate or incomplete information.

2.6 Gardeners Heston reserves the right to refuse any booking or to cancel any booking where it is not possible or practical to carry out the Services safely or lawfully.

3. Access and Site Conditions

3.1 The Customer must ensure that we have safe, unrestricted access to the garden or outdoor areas where the Services are to be provided, including any necessary keys, codes, or instructions for entry.

3.2 The Customer must ensure that the site is reasonably clear of hazards such as unsecured pets, dangerous structures, or unmarked utility lines. The Customer must inform us in advance of any known risks, including pond locations, hidden cables, or other hazards.

3.3 If we consider that the site is unsafe, inaccessible, or significantly different from what was described at the time of booking, we may refuse to carry out some or all of the Services. In such cases, we may charge a call-out fee or a proportion of the agreed price to cover our time and travel.

4. Provision of Services

4.1 Gardeners Heston agrees to provide the Services with reasonable care and skill, using appropriately trained staff and suitable equipment.

4.2 We will make reasonable efforts to carry out the Services on the agreed date and at the agreed time. However, all dates and times are estimates and may be subject to change for reasons including weather conditions, traffic, staff availability, or unforeseen circumstances.

4.3 Gardening work is subject to weather and seasonal conditions. Where severe weather or unsafe conditions prevent us from working, we may need to reschedule. We will notify you as soon as reasonably practicable of any required changes.

4.4 The Customer acknowledges that results in gardening and landscaping depend on factors beyond our control, including soil condition, climate, pests, and ongoing maintenance by the Customer. We do not guarantee specific growth outcomes, plant survival, or appearance, except where expressly agreed in writing.

4.5 If the Customer requests changes to the agreed scope of work, we will inform the Customer if any additional charges apply. No significant variation will take place without the Customer's consent, except where necessary for safety or legal compliance.

5. Payments and Charges

5.1 All prices are quoted in pounds sterling unless otherwise stated. Any applicable taxes will be included or separately identified in the quote or invoice as required by law.

5.2 Payment terms will be communicated at the time of booking or in the quotation. Unless otherwise agreed, payment is due either on completion of the Services or in advance for certain types of work, such as large landscaping projects or materials-heavy jobs.

5.3 We may require a deposit to secure a booking, particularly for larger or multi-day projects. Deposits are typically non-refundable once we have committed resources or ordered materials, except where we cancel the Services without fault on the part of the Customer.

5.4 Payment methods will be described at the time of booking or on the invoice. The Customer is responsible for ensuring that payments are made in full and on time.

5.5 If payment is not received by the due date, we reserve the right to charge interest on overdue amounts, to suspend further work, and to recover any reasonable costs of debt collection.

5.6 Where additional work is required due to unforeseen conditions or customer requests, it may be charged at our prevailing rates. We will inform the Customer of any such additional costs as soon as reasonably practicable.

6. Cancellations and Rescheduling

6.1 The Customer may cancel or request to reschedule a booking by giving reasonable notice prior to the scheduled date.

6.2 Unless otherwise stated at the time of booking, we request at least 48 hours' notice for cancellations or rescheduling. Where less than 48 hours' notice is given, we may charge a cancellation fee or a percentage of the quoted price to cover our time and costs.

6.3 If we have purchased specific materials for the Customer's job and the booking is cancelled by the Customer, we may charge for those materials if they cannot reasonably be reused or returned.

6.4 Gardeners Heston may cancel or reschedule a booking where necessary due to weather conditions, staff illness, equipment failure, or other circumstances beyond our reasonable control. In such cases, we will aim to offer an alternative date as soon as practicable. If we cancel without offering a reasonable alternative date, any deposit paid for the affected visit will be refunded.

6.5 Repeated cancellations or rescheduling by the Customer may lead to refusal of future bookings at our discretion.

7. Customer Obligations

7.1 The Customer must provide accurate information about the site and the requested Services, ensure safe access, and comply with any reasonable instructions given by Gardeners Heston staff.

7.2 The Customer is responsible for securing pets and for ensuring that children and vulnerable persons are kept away from work areas, tools, machinery, and waste.

7.3 The Customer agrees not to instruct staff to undertake work that is unsafe, illegal, beyond the agreed scope, or outside our usual gardening services.

7.4 It is the Customer's responsibility to seek any necessary permissions from landlords, neighbours, or local authorities before work begins where such permissions may be required.

8. Waste Management and Regulations

8.1 Gardeners Heston will comply with applicable UK regulations relating to garden waste and environmental protection. Our handling of green waste, soil, and other materials will be in line with good industry practice and regulatory requirements.

8.2 Unless expressly included in the quote, the removal of green waste, soil, rubble, or other materials from the Customer's property is not automatically provided. The Customer should confirm at the time of booking whether waste removal is required, and any associated charges.

8.3 Where we agree to remove waste, we will dispose of it lawfully at appropriate facilities. Any fees for disposal will be included in or identified separately from the overall quote.

8.4 If waste removal is not included, the Customer remains responsible for the disposal of any cuttings, soil, or other materials that we leave on site, subject to any prior agreement.

8.5 We will not remove hazardous or controlled waste, including but not limited to asbestos, chemical containers, or certain types of building rubble. If such materials are identified, we may suspend work in the affected area and advise the Customer to use a specialist contractor.

9. Liability and Insurance

9.1 Gardeners Heston will exercise reasonable care and skill in delivering the Services. We maintain appropriate insurance for our activities, as required by law and good practice for gardening businesses in the UK.

9.2 Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be limited or excluded under applicable law.

9.3 Subject to the above, we are not liable for any indirect, consequential, or economic loss arising out of or in connection with the Services, including loss of profit, loss of enjoyment, or loss of use of the garden.

9.4 Our liability for damage to property is limited to direct physical damage caused by our negligence, and in any event will not exceed the total amount paid or payable by the Customer for the relevant Services, unless otherwise required by law.

9.5 We are not liable for damage or deterioration caused by existing defects in the garden, structures, fencing, paving, or plants, nor for outcomes affected by weather, pests, disease, soil conditions, or lack of ongoing maintenance by the Customer.

9.6 The Customer must notify Gardeners Heston of any concerns or alleged damage as soon as reasonably possible and, in any event, within a reasonable period after becoming aware of the issue, so that we can investigate.

10. Complaints and Disputes

10.1 If the Customer is dissatisfied with any aspect of the Services, the Customer should raise the issue promptly with Gardeners Heston, providing details of the concern and, where relevant, photographs or descriptions of the affected area.

10.2 We will make reasonable efforts to address any complaint, which may include revisiting the site to inspect the work and, where appropriate, rectifying or improving the Services within the original scope.

10.3 If the parties are unable to resolve a dispute amicably, either party may seek to use mediation or other forms of alternative dispute resolution before commencing legal proceedings, where appropriate.

11. Intellectual Property

11.1 Any designs, plans, planting schemes, or proposals produced by Gardeners Heston remain our intellectual property unless otherwise agreed in writing.

11.2 The Customer is granted a non-exclusive licence to use such designs or plans solely for the property and purpose for which they were created. The Customer may not reproduce, sell, or share them for other properties or projects without our permission.

12. Data Protection and Privacy

12.1 Gardeners Heston will handle any personal information provided by the Customer in accordance with applicable UK data protection laws.

12.2 We will use personal data only for legitimate business purposes, including arranging and delivering Services, managing accounts, and complying with legal obligations.

12.3 We will take reasonable measures to protect personal information from unauthorised access, loss, or misuse.

13. Amendments to These Terms

13.1 Gardeners Heston may update or amend these Terms and Conditions from time to time to reflect changes in the law, regulatory requirements, or our business practices.

13.2 The version of the Terms and Conditions in force at the time of your booking will apply to that booking, unless changes are required by law or you agree to the updated terms.

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 the Services shall be governed by and construed in accordance with the laws of England and Wales.

14.2 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 Gardeners Heston.

15. General Provisions

15.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or competent authority, the remaining provisions shall continue in full force and effect.

15.2 No failure or delay by Gardeners Heston in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy.

15.3 The Agreement between Gardeners Heston and the Customer is personal to the Customer. The Customer may not assign or transfer any of its rights or obligations without our prior consent.

15.4 These Terms and Conditions, together with any written quotation or confirmation of booking, constitute the entire agreement between the parties in relation to the Services and supersede any prior discussions or understandings.