Terms And Conditions
Gardeners Balham Service Terms and Conditions
These Terms and Conditions govern the provision of gardening and related services by Gardeners Balham to residential and commercial customers. By making a booking, confirming an appointment or allowing our gardeners to commence work at your property, you agree to be bound by these Terms and Conditions.
These terms are intended to set out clearly the responsibilities of both Gardeners Balham and the customer, and to ensure that services are delivered efficiently, safely and in compliance with applicable regulations.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Customer means the person, firm or organisation who requests or receives services from Gardeners Balham.
Services means any gardening, garden maintenance, landscaping, clearance or related services provided by Gardeners Balham.
Property means the outdoor area, garden, grounds or premises where the Services are to be carried out.
Visit means a single attendance by our gardeners at the Property for the purpose of carrying out the Services.
2. Scope of Services
Gardeners Balham provides general gardening and garden maintenance services, which may include lawn care, hedge trimming, pruning, planting, weeding, garden clearance, soft landscaping and related tasks as agreed with the Customer. The precise scope of each Visit will be confirmed at the time of booking or during an initial assessment.
Any description of Services on our website or other materials is illustrative and does not create a binding obligation as to exact results. All Services are subject to the specific conditions at the Property, including access, weather, soil conditions and plant condition.
We reserve the right to decline work which, in our reasonable opinion, is unsafe, unlawful, unsuitable for our gardeners or outside our normal scope of service.
3. Booking Process
3.1 A Customer may request a booking by telephone, online contact form or other communication method made available by Gardeners Balham from time to time.
3.2 When making a booking, the Customer should provide accurate and complete information regarding the Property, including size of garden, type of work required, known hazards, access arrangements and any parking restrictions. Gardeners Balham is not responsible for delays or additional charges resulting from incomplete or inaccurate information.
3.3 For certain Services, particularly larger gardening projects or regular maintenance plans, we may recommend or require an initial visit or consultation at the Property. Any quotation provided following such a visit is based on the information and conditions observed at that time.
3.4 A booking is only confirmed when Gardeners Balham has expressly accepted it and, where applicable, the Customer has agreed to any proposed quotation and paid any required deposit. We may refuse a booking at our discretion.
3.5 Bookings are made for specific dates or time windows. While we aim to attend at the agreed time, all timings are estimates and may be subject to change due to traffic, weather, preceding jobs or other factors beyond our control. We will use reasonable efforts to inform the Customer of any significant delays or the need to reschedule.
4. Quotations and Pricing
4.1 Quotations may be provided as fixed price for the job or as an hourly or daily rate, depending on the nature of the work. Any quotation will specify the basis of charging.
4.2 Quotations are normally valid for a limited period from the date of issue, as specified at the time. If no period is specified, the quotation will be valid for 30 days, after which Gardeners Balham may revise it to reflect changes in costs or conditions.
4.3 If, after work has commenced, it becomes apparent that the information provided by the Customer was incomplete or that conditions at the Property differ significantly from those reasonably anticipated, we may propose a revised quotation or additional charges. We will not proceed with substantially increased work without first discussing this with the Customer.
4.4 Unless stated otherwise, prices are quoted inclusive of basic labour and use of standard gardening tools and equipment. Additional charges may apply for materials, plants, specialist equipment, disposal of large quantities of green waste, or work requiring additional personnel or time.
5. Payments and Invoicing
5.1 Payment terms will be communicated at the time of booking or quotation. For one-off Visits, payment is usually due on completion of the work on the same day. For regular maintenance schedules, invoicing may be weekly, fortnightly or monthly, as agreed.
5.2 Payment methods accepted may include cash, bank transfer, card payment or other methods notified by Gardeners Balham. We do not accept payment by cheque unless agreed in advance.
5.3 Where a deposit is required prior to commencement of work, the booking will not be considered confirmed until the deposit has been received. Deposits are normally non-refundable except where Gardeners Balham cancels the work and cannot offer a suitable alternative date.
5.4 Invoices are payable within the period stated on the invoice. If no period is stated, payment is due immediately upon receipt. If payment is not received by the due date, Gardeners Balham reserves the right to suspend further Services and to charge interest on the outstanding amount at a reasonable rate until payment is made in full.
5.5 The Customer is responsible for paying any bank or payment provider charges arising from international or special transfers, where applicable, so that Gardeners Balham receives the full invoiced amount.
6. Cancellations and Rescheduling
6.1 The Customer may cancel or request to reschedule a Visit by giving notice to Gardeners Balham. To avoid cancellation charges, we normally require at least 24 hours notice before the scheduled start time of the Visit.
6.2 If the Customer cancels or reschedules with less than 24 hours notice, Gardeners Balham may charge a cancellation fee up to a reasonable proportion of the expected charges for the Visit, to cover allocated labour and administrative costs.
6.3 If our gardeners attend the Property at the agreed time and are unable to gain access or commence work due to reasons within the Customer's control, such as locked gates, absent key holders or obstructed areas, this may be treated as a late cancellation and a call-out or cancellation fee may apply.
6.4 Gardeners Balham reserves the right to cancel or reschedule a Visit due to adverse weather, staff illness, safety concerns, equipment failure or other circumstances beyond our reasonable control. We will use reasonable efforts to notify the Customer as soon as practicable and to arrange a new appointment. In such cases, no cancellation charge will be made.
7. Customer Responsibilities
7.1 The Customer must ensure that Gardeners Balham and its gardeners have safe and reasonable access to the Property at the agreed times, including any necessary keys, codes or entry instructions. Parking arrangements and any chargeable parking should be made available or reimbursed by the Customer.
7.2 The Customer must inform Gardeners Balham of any known hazards at the Property, such as unstable structures, concealed cables or pipes, contaminated soil, aggressive animals, or any other risks which may affect the safety of our gardeners or the viability of the work.
7.3 The Customer is responsible for moving fragile items, garden ornaments, outdoor furniture, vehicles or other belongings that may be at risk of damage during the work. Where items remain in the working area, we will take reasonable care but cannot accept liability for damage to items that have not been removed or adequately protected by the Customer.
7.4 The Customer must ensure that any pets or animals are kept safely away from the working areas while Services are being performed, and that children are supervised and kept at a safe distance.
7.5 The Customer is responsible for obtaining any necessary permissions, consents or approvals from neighbours, landlords, local authorities or other relevant parties for the proposed work, including work near boundaries, shared hedges, protected trees or conservation areas.
8. Waste and Environmental Regulations
8.1 Gardeners Balham will endeavour to manage green garden waste in a responsible and environmentally considerate manner, in accordance with applicable waste regulations.
8.2 Unless specifically included in the quotation, the standard Service does not automatically include removal of all green waste from the Property. Where disposal is requested or required, an additional charge may be made based on the volume and type of waste, and transport or disposal fees.
8.3 Where practical, we may suggest that green waste is composted or left in a suitable area at the Property for reuse by the Customer. This will be carried out only with the Customer's agreement.
8.4 Gardeners Balham is not licensed to remove or dispose of hazardous waste or materials such as asbestos, contaminated soil, chemicals, oils, paint, electrical appliances or non-garden rubbish. The Customer is responsible for arranging appropriate disposal of such materials through authorised providers.
8.5 We comply with relevant regulations relating to green waste transport and disposal, and may decline to remove waste where doing so would breach such regulations or exceed our permitted activities.
9. Health, Safety and Conduct
9.1 Gardeners Balham is committed to carrying out Services in a safe manner for customers, the public and our gardeners. We reserve the right to suspend work where we reasonably consider that continuing would present an unacceptable risk to health or safety.
9.2 The Customer must not request or insist that our gardeners carry out tasks that are unsafe, unlawful, inappropriate or outside their competence, such as climbing unsupported structures, using equipment in an unsafe manner, or working at height without adequate safety measures.
9.3 Our gardeners are expected to behave professionally and respectfully while on site. We expect the Customer and any occupants of the Property to treat our gardeners with equal respect. Gardeners Balham may withdraw its gardeners from the Property if they experience abuse, harassment, discrimination or threatening behaviour, and may charge for the time spent on site up to that point.
10. Liability and Limitations
10.1 Gardeners Balham will use reasonable skill and care in providing the Services. If the Customer believes that work has not been carried out to a reasonable standard, they must notify us promptly, normally within 48 hours of the Visit, so that we have an opportunity to inspect and, where appropriate, rectify the issue.
10.2 Our liability to the Customer for any loss or damage arising out of or in connection with the Services shall be limited, to the extent permitted by law, to the total price paid or payable by the Customer for the particular Visit or work giving rise to the claim.
10.3 Gardeners Balham is not liable for any pre-existing damage or defects at the Property, including damaged plants, unstable structures, broken paving, faulty irrigation systems or subsidence. We are also not responsible for the normal risks associated with gardening, such as natural variation in plant growth, temporary disturbance of soil, or minor scuffs to lawn surfaces from equipment.
10.4 We cannot guarantee the long-term survival or performance of plants, turf or seeds installed or tended by us, as these depend on factors outside our control, including weather, pests, disease, soil conditions and aftercare by the Customer. Any advice given on plant care or garden maintenance is provided in good faith but without warranty.
10.5 Gardeners Balham is not liable for any consequential or indirect losses such as loss of enjoyment, loss of profit, or loss of use of the Property, except where such liability cannot be excluded by law.
10.6 Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability which cannot lawfully be limited or excluded.
11. Bad Weather and Force Majeure
11.1 Gardening work is inherently affected by weather conditions. Gardeners Balham reserves the right to modify, suspend or postpone Services where weather conditions make it impractical or unsafe to proceed, for example in heavy rain, high winds, snow, ice or extreme heat.
11.2 Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any obligations if such delay or failure results from events beyond its reasonable control, including but not limited to extreme weather, natural disasters, industrial disputes, transport disruptions, epidemics, or government restrictions.
12. Complaints and Disputes
12.1 If the Customer is unhappy with any aspect of the Services, they should contact Gardeners Balham as soon as possible, providing details of the concern and, where relevant, photographs of the area in question.
12.2 We will investigate any complaint and, where appropriate, may offer to revisit the Property to assess and, if justified, remedy the issue. Any such revisit will be arranged at a mutually convenient time.
12.3 Both parties agree to attempt to resolve any dispute amicably in the first instance. If a dispute cannot be resolved informally, the parties may consider alternative dispute resolution methods before resorting to legal proceedings, where appropriate.
13. Changes to Terms and Conditions
13.1 Gardeners Balham may update or amend these Terms and Conditions from time to time to reflect changes in law, best practice, or our methods of operation.
13.2 The version of the Terms and Conditions in force at the time of the Customer's booking will normally apply to that booking and related Visits. Continued use of our Services after notice of changes may be taken as acceptance of 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 over any dispute or claim arising from or related to these Terms and Conditions or the provision of Services by Gardeners Balham, subject to any mandatory rights the Customer may have to bring claims in other courts under applicable consumer protection laws.
By booking or receiving Services from Gardeners Balham, the Customer confirms that they have read, understood and agreed to these Terms and Conditions.
