Gardeners Hackney Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Hackney provides gardening and related outdoor maintenance services to residential and commercial customers. By making a booking, confirming a quotation, or allowing work to begin, you agree to these Terms and Conditions. Please read them carefully before using our services.
These terms are intended to be fair, clear, and consistent with United Kingdom law. They apply to services carried out in Hackney and surrounding service areas, unless we agree otherwise in writing. If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.
1. Our services
We provide gardening services that may include lawn care, hedge trimming, planting, weeding, pruning, garden clearance, leaf removal, pressure washing where appropriate, seasonal tidying, and general outdoor maintenance. The exact scope of work will be agreed before the job begins. Any work not specifically included in the agreed quotation or booking confirmation may be treated as additional work and charged separately.
We aim to provide services with reasonable skill and care. However, gardening outcomes can be affected by weather, plant condition, soil condition, access, prior maintenance, and other factors outside our control. We cannot guarantee the survival of plants, the permanent removal of weeds, or identical results across all sites or seasons.
2. Booking process
Bookings may be made after an initial enquiry and assessment of the customer’s requirements. We may provide a quotation based on the information supplied by the customer, photographs, site visit, or a combination of these. Quotations are usually based on the assumption that the information provided is accurate and that the site is accessible and safe to work on.
A booking is only confirmed once we have accepted the work and the customer has agreed to the quotation, estimated price, or arranged service plan. In some cases, we may request a deposit or advance payment before reserving a date. If a deposit is required, this will be made clear at the time of booking.
The customer is responsible for ensuring that the person requesting the service has authority to do so and that all relevant parties, such as landlords, managing agents, tenants, freeholders, or residents, have consented where needed. If access to the property requires keys, codes, permits, or entry instructions, these must be provided in good time.
We may need to revise the booking date or quoted price if the actual site conditions differ materially from the information provided, or if additional work is needed for reasons not reasonably apparent at the time of booking. Where possible, we will discuss any changes before proceeding.
3. Pricing and payment
Prices may be quoted as a fixed price, hourly rate, day rate, or on another agreed basis. Unless stated otherwise, all prices are quoted in pounds sterling and may be subject to VAT where applicable. Any quote will remain valid for the period stated in the quotation, or if no validity period is given, for a reasonable time based on the nature of the work and market conditions.
Payment terms will be confirmed before work begins. For one-off jobs, payment is normally due on completion unless otherwise agreed. For larger projects, staged payments, deposits, or part payments may be required. For recurring or contract services, payment may be due in advance or on a regular invoicing schedule.
If payment is not made by the due date, we reserve the right to charge reasonable late payment interest and debt recovery costs in accordance with applicable law, including the Late Payment of Commercial Debts legislation where relevant. We may also suspend or cancel future services until outstanding balances are paid in full.
Any additional work requested by the customer, or required because the site conditions differ from those described at booking, will be charged at the rate agreed for the job or at our standard rates if no specific rate has been agreed. We will use reasonable efforts to explain any additional charges before carrying out extra work.
4. Cancellations and rescheduling
If you need to cancel or reschedule a booking, please notify us as soon as possible. We understand that plans can change, but late cancellations may prevent us from offering the appointment to another customer and may result in a charge.
Unless otherwise agreed, cancellations made with sufficient notice will not attract a fee. If cancellation is made at short notice, including on the day of the appointment or after we have already attended the site, we may charge a cancellation fee reflecting our lost time, travel, labour, and any materials already purchased or prepared.
If we need to cancel or reschedule because of unsafe conditions, severe weather, staff illness, vehicle failure, or other events beyond our reasonable control, we will aim to rearrange the service as soon as reasonably possible. We will not be liable for indirect losses arising from such delays, but we will use reasonable efforts to minimise inconvenience.
If a customer repeatedly cancels or fails to provide access on the agreed date, we may require advance payment for future bookings or decline further work.
5. Customer responsibilities
The customer must ensure that the site is reasonably accessible and safe for the agreed work. This includes providing access to gates, water supply where needed, parking arrangements if relevant, and notice of any hazards such as broken paving, hidden cables, weak structures, animal waste, or aggressive pets.
The customer should remove or protect fragile items, valuables, ornaments, tools, furniture, ornaments, and other possessions that could be damaged during normal garden work. If we are asked to move items, we will do so with reasonable care, but this is at the customer’s risk unless damage results from our negligence.
The customer is also responsible for informing us of any known pests, poisonous plants, contaminated soil, protected trees, legal restrictions, service lines, drainage issues, or site-specific requirements that may affect the work. If the customer withholds relevant information, any resulting delay, additional cost, or damage may be charged or excluded from our responsibility where permitted by law.
6. Liability and limitations
We will carry out our services with reasonable care and skill. If we fail to do so, we may, at our discretion, re-perform the relevant service, rectify the issue, or offer a reasonable refund for the affected portion of the work. This is subject to inspection and the circumstances of the case.
Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded under UK law.
We are not responsible for loss or damage caused by events outside our reasonable control, including adverse weather, natural wear and tear, plant disease, seasonal variation, subsidence, poor pre-existing condition, third-party interference, or defects in structures, tools, irrigation systems, or surfaces not supplied by us.
Where we provide advice about plants, treatment, maintenance, or garden design, it is based on the information available at the time and on general professional experience. Such advice should not be treated as a guarantee. The customer remains responsible for deciding whether to follow any recommendation we make.
To the maximum extent permitted by law, we will not be liable for indirect or consequential losses, loss of profit, loss of opportunity, or any business interruption arising from the use of our services. Where liability cannot be excluded, it will be limited to the total amount paid or payable for the specific service giving rise to the claim, except where law requires otherwise.
7. Waste removal and disposal
Garden work often produces green waste, soil, branches, leaves, turf, and other materials. Unless otherwise agreed, we will remove and dispose of garden waste generated by the agreed service in accordance with applicable environmental and waste regulations. Any charges for waste removal, skips, special disposal, or tip fees should be confirmed in advance where possible.
The customer must disclose any waste that may be hazardous, restricted, contaminated, or otherwise subject to special handling. This includes but is not limited to asbestos, chemicals, oils, paints, clinical waste, sharp materials, and any material that is not normal garden waste. We are not obliged to handle such waste unless we have expressly agreed to do so and are legally permitted to do so.
We reserve the right to refuse removal of waste that appears unsafe, illegal to transport, or not reasonably consistent with the agreed work. If we do agree to remove additional waste, the customer will be charged accordingly.
Where we take waste away for disposal, we will use lawful and environmentally responsible methods. Ownership of garden waste passes to us only when we have agreed to remove it as part of the service and the customer has paid or agreed to pay any associated charges.
8. Materials, plants, and supply items
If we are asked to supply plants, soil, mulch, compost, fertiliser, or other materials, we may do so as part of the service or through a third party. Any materials supplied by us remain subject to the manufacturer’s or supplier’s own specifications, guarantees, and limitations where applicable.
Live plants are naturally variable and may respond differently to local conditions, watering, pruning, or seasonal change. We do not guarantee that plants will establish successfully unless a written guarantee has been expressly agreed, and even then any guarantee may be subject to proper aftercare and reasonable site conditions.
If the customer supplies materials, we are not responsible for defects, suitability issues, or failures arising from those materials unless the problem is caused by our negligence or failure to follow reasonable instructions.
9. Complaints and dispute resolution
If you are unhappy with any aspect of the service, please raise the issue with us as soon as reasonably possible so we can investigate and, where appropriate, put things right. We may ask for photographs, details of the work, and access to the site in order to review the complaint properly.
We prefer to resolve disputes amicably and proportionately. If a disagreement cannot be resolved through discussion, either party may pursue the matter through the courts of England and Wales, subject to the governing law and jurisdiction clause below.
10. Governing law
These Terms and Conditions, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, except where mandatory consumer law gives the customer the right to bring proceedings elsewhere.
11. General provisions
We may update these Terms and Conditions from time to time. The version in force at the time of booking will normally apply to that booking unless a change is required by law or agreed in writing.
No person other than the customer and us has any right to enforce these Terms under the Contracts Rights of Third Parties Act 1999. If we choose not to enforce any provision at any time, this does not mean we waive our right to enforce it later.
These Terms, together with any quotation, booking confirmation, and any written variations, form the entire agreement between the customer and us in relation to the relevant service.
