Gardeners Morden Park Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Morden Park provides gardening and related outdoor services. By making a booking, you agree to be bound by these Terms and Conditions, which form a contract between you and Gardeners Morden Park for the supply of services at your property.

Please read these terms carefully before making a booking. If you do not agree with any part of these terms, you should not proceed with a booking or should cancel any pending booking in line with the cancellation provisions below.

1. Definitions

In these Terms and Conditions, the following definitions apply:

Client means the individual, company, or organisation who requests and receives services from Gardeners Morden Park.

Company means Gardeners Morden Park, the provider of gardening and related services.

Services means any gardening, garden maintenance, lawn care, hedge trimming, planting, clearance, soft landscaping, or related work carried out by the Company.

Property means the garden or outdoor space at the address where the Services are to be performed.

Contract means the agreement between the Client and the Company for the provision of the Services, incorporating these Terms and Conditions and any agreed quotation or written confirmation.

2. Scope of Services

The Company provides gardening and garden maintenance services suitable for domestic and, where agreed, commercial properties in its normal service area, which includes Morden Park and surrounding districts. The exact nature, scope, and frequency of the Services will be agreed at the time of booking and confirmed in writing where appropriate.

Examples of Services include, but are not limited to, lawn mowing, hedge cutting, pruning, weeding, planting, garden tidy ups, seasonal clearances, green waste handling in line with applicable regulations, and routine garden maintenance visits.

The Company reserves the right to refuse any job that falls outside its competencies, that is unsafe, or that cannot be completed using reasonable skill and care with the tools and resources normally available.

3. Booking Process

3.1 Initial enquiry

The Client may request Services by making an enquiry and providing details of the Property, the type of work required, access information, and any specific preferences or constraints. The Company may request photographs or arrange a site visit where needed to provide an accurate quotation.

3.2 Quotations

Where appropriate, the Company will provide a quotation or estimate for the Services. Unless otherwise stated, quotations are valid for 30 days from the date of issue. Any quotation is based on the information provided by the Client and on normal site conditions. If conditions are found to be materially different when the gardeners attend the Property, the Company may revise the quotation before commencing or continuing the work.

3.3 Acceptance of booking

A booking is confirmed when the Client accepts the quotation or agrees to a visit, whether verbally or in writing, and the Company confirms the date and approximate time of attendance. For certain jobs, the Company may require a deposit or advance payment in order to secure the booking; this will be communicated to the Client at the time of booking.

3.4 Regular maintenance visits

Where the Client agrees to regular, recurring visits, the frequency and approximate schedule will be agreed in advance. The Company will endeavour to maintain this schedule but may adjust dates and times due to weather, seasonal conditions, staff availability, public holidays, or other operational reasons. Any significant change to regular visits will be communicated to the Client in advance where reasonably possible.

4. Access and Client Responsibilities

The Client must ensure that the gardeners have safe and reasonable access to the Property at the agreed time, including access to gates, side entrances, and any areas where work is to be carried out. If access requires codes, keys, or instructions, the Client is responsible for providing these in advance.

The Client should ensure that the garden is free from unnecessary obstacles and that any hazards are clearly identified. This includes, for example, unstable structures, sharp objects, or concealed cables or pipes. The Client must notify the Company of any known risks, buried services, or other conditions that may affect safety or the performance of the Services.

The Client remains responsible for the supervision and safety of children, pets, and other individuals at the Property. Pets should be secured away from the working area while the gardeners are on site.

5. Payments and Pricing

5.1 Rates and charges

The cost of the Services will be as set out in the quotation, agreed in advance, or calculated based on the Companys prevailing hourly rates or fixed prices. Prices are quoted in pounds sterling and are subject to any applicable taxes as required by law.

5.2 Payment terms

Unless otherwise agreed in writing, payment is due upon completion of the Services on the day of the visit. For regular maintenance clients or larger projects, the Company may agree alternative payment terms, such as invoicing with specified payment deadlines, staged payments, or deposits.

Payment methods accepted will be confirmed by the Company and may include bank transfer, card payment, or other common methods. The Company does not accept payment by cash posted in the mail.

5.3 Late payment

If payment is not received by the agreed due date, the Company reserves the right to charge reasonable late payment fees or interest, to suspend further Services until payment is made, and to recover any additional costs incurred in collecting overdue sums. Title to any goods or materials supplied as part of the Services remains with the Company until payment in full has been received.

6. Cancellations, Rescheduling and No-Show

6.1 Client cancellations

If the Client needs to cancel or reschedule a booking, the Client must give as much notice as reasonably possible. For standard visits, the Company requests at least 24 hours notice prior to the scheduled arrival time. For larger or full-day projects, the Company may request longer notice, which will be explained at the time of booking.

Where appropriate notice is given, any deposit or prepayment may be applied to a rebooked visit or refunded in accordance with the Companys refund policy. If insufficient notice is given, the Company reserves the right to charge a cancellation fee, which may be up to a reasonable proportion of the expected fee for the scheduled work.

6.2 Company cancellations

The Company may need to cancel or postpone Services due to adverse weather, unsafe conditions, staff illness, equipment failure, or other circumstances beyond its reasonable control. Where this occurs, the Company will seek to provide as much notice as practicable and will offer to reschedule the Services at a mutually convenient time. The Company will not be liable for any indirect loss arising from such cancellations.

6.3 Access failure and no-show by Client

If the gardeners attend the Property at the agreed time but are unable to gain access or commence work due to circumstances within the Clients control, this may be treated as a late cancellation. In such cases, the Company may charge a call-out or cancellation fee to cover travel and time costs.

7. Service Quality and Complaints

The Company aims to carry out all Services with reasonable care, skill, and attention. If the Client has any concerns about the quality of work, they should raise this with the Company as soon as possible, ideally within 24 hours of the visit. The Company will investigate complaints and, where appropriate, may arrange a return visit to review and, if necessary, remedy any reasonable issues directly related to the original work.

The Companys obligation is to provide garden services to a reasonable standard based on horticultural practice, the agreed scope of work, the condition of the garden, and the time and budget available. Natural variations in plant growth, weather damage, and seasonal effects are outside the Companys control and do not constitute a service failure.

8. Waste Handling and Environmental Compliance

8.1 Green waste

As part of gardening work, green waste such as grass cuttings, leaves, branches, and other plant material may be generated. The handling of this waste will be agreed in advance. Options may include leaving it in a compost area on site, placing it in the Clients garden waste bin, or removing it from the Property.

If the Client requests removal of green waste, an additional charge may apply to cover transport and disposal in line with applicable waste regulations. The Company will handle green waste in accordance with relevant environmental and waste management laws and local authority requirements.

8.2 Non-green waste

The Services do not normally include removal of general household rubbish, rubble, soil in large quantities, or hazardous materials. If such materials are encountered, the Company may refuse to handle them or may quote separately for lawful disposal, subject to holding any necessary licences or arrangements.

8.3 Regulatory compliance

The Company will comply with applicable United Kingdom laws and regulations relating to the handling, transport, and disposal of garden waste. The Client must not request the Company to remove waste in a manner that breaches waste regulations, fly-tipping rules, or other legal requirements.

9. Health and Safety

The Company takes health and safety seriously and will use reasonable endeavours to ensure that Services are carried out safely for staff, Clients, and the public. Garden machinery, tools, and chemicals, where used, will be handled in accordance with relevant guidance and safety procedures.

The Client must not ask the Company to undertake work that is unsafe or inappropriate for the equipment available, such as tree work at height without appropriate equipment, working on unstable structures, or operating in conditions that pose a risk of harm. The Company may refuse or modify any task that it reasonably considers unsafe.

10. Liability and Limitations

10.1 General liability

The Company will exercise reasonable care and skill in providing the Services. If the Company damages the Clients property through negligence, it will, at its discretion, arrange repair, replacement, or a fair monetary compensation, subject to the limitations in these terms.

10.2 Exclusions

The Company is not liable for:

Loss or damage arising from defective or unsafe structures, walls, fences, patios, or surfaces already present at the Property.

Loss or damage resulting from the Clients failure to disclose relevant information, such as underground cables, pipes, or hidden fixtures.

Damage caused by pests, disease, extreme weather, drought, flooding, or other natural events outside the Companys control.

Loss of plants or lawns where the Client has not followed watering, care, or maintenance advice given by the Company.

Indirect or consequential losses, including loss of enjoyment, loss of profit, or loss of opportunity.

10.3 Financial cap

To the extent permitted by law, the Companys total aggregate liability to the Client for any claim arising out of or in connection with the Services shall not exceed the total amount paid by the Client for the specific visit or project to which the claim relates.

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

11. Insurance

The Company maintains appropriate insurance cover for its gardening activities, including public liability insurance in line with industry practice. Evidence of insurance may be made available to the Client on reasonable request.

12. Materials, Plants and Guarantees

Where the Company supplies plants, turf, materials, or products as part of the Services, it will seek to use reputable suppliers and suitable items for the agreed purpose. However, living plants are subject to natural variation and environmental conditions, so survival and long-term performance cannot be fully guaranteed.

Any warranty or guarantee relating to materials or products supplied by third parties will be subject to the terms of the original supplier or manufacturer. The Company does not provide additional guarantees unless expressly stated in writing.

13. Intellectual Property and Photographs

The Company may from time to time take photographs of gardens and projects for its records and promotional purposes. Where images include a private property that could be identified, the Company will seek the Clients consent before using such photographs in marketing materials. The Client may withdraw consent for future use at any time.

Any garden designs, planting schemes, or plans created by the Company remain its intellectual property unless otherwise agreed in writing. The Client may use them for their own garden but may not reproduce, sell, or share them commercially without permission.

14. Privacy and Data

The Company will collect and use personal data such as the Clients name, contact details, and address for the purpose of arranging and providing Services, handling payments, and maintaining records. Personal data will be stored securely and used in accordance with applicable UK data protection laws.

The Company will not sell or rent Clients personal data to third parties. Information may be shared with trusted partners or service providers where reasonably necessary for the performance of the Contract or where required by law.

15. Changes to Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time. The most recent version will apply to new bookings and, where lawful, to ongoing Services after reasonable notice has been given. Continued use of the Services following notification of changes will be deemed acceptance of the updated terms.

16. Governing Law and Jurisdiction

These Terms and Conditions, and any Contract between the Client and the Company, are governed by and interpreted in accordance with the laws of England and Wales. Any disputes arising out of or in connection with the Services or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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

By booking Services with Gardeners Morden Park, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.