Terms and Conditions for Garden Services in Kilburn
These Terms and Conditions set out the basis on which we provide gardening and outdoor maintenance services to residential and commercial clients. By making a booking, you agree to these terms, which are designed to keep the service clear, fair, and professionally managed. Gardeners Kilburn aims to deliver reliable work to an agreed specification, but the final scope, timing, and cost of any service depend on the details confirmed in your booking.
These terms apply to all routine and one-off services, including lawn care, hedge trimming, planting, clearance, pruning, and general garden maintenance. They form part of the agreement between you and us, whether the appointment is made by phone, email, online form, or any other accepted method. We may update these terms from time to time, and the version in force at the time of booking will apply to your service.
Please read this page carefully before confirming any appointment. If you instruct us to proceed, or if you accept a quotation and booking confirmation, you are confirming that you understand and accept these conditions. Where a service requires specific materials, access arrangements, or waste disposal measures, those requirements may affect the price and timing.
1. Booking Process
A booking is usually made after an enquiry and an assessment of the work required. We may provide an estimated price or a fixed quotation based on the information supplied by you, including photos, measurements, site access details, and any special instructions. If the information you provide is incomplete or inaccurate, the final service may differ from the original estimate.
Once a quote is accepted, we will confirm the proposed service date, the type of work to be carried out, and any conditions that apply. Your booking is only confirmed when we have issued confirmation and, where required, received any deposit or upfront payment. We reserve the right to refuse or cancel a booking if access is unsafe, the requested work is unlawful, or the conditions on site are materially different from what was described at the time of booking.
You must ensure that the property is ready for work on the agreed date. This includes providing reasonable access, securing pets, removing obstacles where possible, and informing us of any hazards such as unstable structures, hidden utilities, or restricted parking. If we arrive and cannot complete the service because access is not available or the site is unsafe, a call-out or wasted journey fee may apply.
2. Prices and Payment
All prices are stated in pounds sterling and are either quoted as fixed fees or calculated by time, labour, materials, and waste handling. Any estimate is given in good faith, but the final charge may change if the actual work is more extensive than initially described. If extra work is requested during the appointment, we may revise the price before continuing.
Unless we agree otherwise in writing, payment is due on completion of the service. For larger jobs or repeat contracts, we may request a deposit, staged payments, or payment in advance. Invoices must be paid in full by the due date shown on the invoice. Late payment may result in suspension of further services, additional administration charges, and, where permitted by law, interest on overdue amounts.
We accept payment by methods notified at the time of booking or invoicing. Any bank charges, card chargebacks, or fees arising from failed payment are your responsibility where permitted by law. If a payment is reversed after work has been completed, we may seek recovery of the outstanding amount and any reasonable costs incurred in doing so.
3. Cancellations, Rescheduling, and Waiting Time
You may cancel or reschedule a booking by giving reasonable notice. If you cancel at short notice, we may charge a cancellation fee to cover administration and lost labour time. The amount of any charge will depend on how much notice is given and whether materials, staff, or waste disposal arrangements have already been allocated to your job.
If you are a consumer and booked the service at distance or off-premises, your statutory rights may apply. However, if you ask us to begin work within the statutory cancellation period, you agree that you may be charged for the services already supplied up to the time of cancellation. Where a service has been fully performed with your agreement before the cancellation period ends, the right to cancel may no longer apply.
If our team is delayed by traffic, weather, or unforeseen operational issues, we will try to let you know as soon as possible and arrange an alternative time. We are not responsible for delays caused by events beyond our reasonable control. If we attend a property and are unable to start within a reasonable waiting period because of client unavailability, we may treat the appointment as cancelled and charge an appropriate fee.
4. Service Standards and Customer Responsibilities
We will carry out the agreed work with reasonable skill and care and in line with normal professional standards. The outcome of gardening work can be affected by weather, soil condition, plant health, seasonal factors, and previous maintenance. For that reason, some results may take time to become visible or may vary from one visit to another.
You are responsible for telling us about any known risks on the property, including hidden drains, water features, electrical cables, protected plants, or boundaries that require special care. If you want us to avoid certain areas or items, those instructions must be made clear before work begins. We are entitled to rely on the information you provide unless we have obvious reason to believe it is incorrect.
If you or anyone else on the property asks us to stop, change, or expand the work during the visit, we may adjust the scope, time, and cost accordingly. Any verbal instruction from an authorised person may be treated as part of the agreement, provided it does not conflict with safety requirements or the law.
5. Liability and Limitations
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded. Subject to that, we are not responsible for losses that arise from conditions outside our control, including hidden defects, defective fixtures, unsuitable ground conditions, or pre-existing damage.
We will take reasonable care when working around plants, structures, and property features, but some risk is inherent in outdoor work. We are not liable for minor cosmetic changes, natural wear, seasonal dieback, or damage resulting from pre-existing weakness in trees, fences, paving, or garden materials. Any claim for alleged damage must be reported promptly, and you must allow us a reasonable opportunity to inspect the issue before remedial action is taken by a third party.
Where we supply plants, materials, or equipment, any manufacturer or supplier warranty will apply in addition to your legal rights, if relevant. We are not responsible for failures caused by misuse, lack of aftercare, adverse weather, neglect, or third-party interference after the service has been completed. Our total liability for any claim arising from a single booking will be limited to the amount you paid for the service, except where law does not allow such limitation.
6. Waste Removal and Environmental Compliance
Garden work often produces green waste, soil, wood, packaging, and other materials. Unless otherwise agreed, we may remove waste generated by the service and arrange disposal through lawful channels. If waste removal is included in the price, it will only cover the quantities and categories reasonably described at the time of booking. Additional waste may incur extra charges.
You must not ask us to remove hazardous or prohibited waste unless we have expressly agreed in writing and are legally permitted to do so. This includes asbestos, chemicals, oils, asbestos-containing materials, needles, contaminated soil, gas cylinders, or other regulated items. If such materials are discovered during the work, we may suspend the service until proper arrangements are made. We comply with applicable UK waste regulations, including lawful transport, transfer, and disposal requirements.
Where waste is left on site for your collection, you are responsible for handling and disposing of it in accordance with local rules and environmental law. We may separate compostable material, recyclable material, and general waste where practical, but we do not guarantee that all waste streams can be segregated. You agree that any waste we remove may be mixed or compacted as part of normal lawful disposal procedures.
7. Materials, Access, and Property Conditions
If we agree to source materials or plants on your behalf, we may charge for the item cost, procurement time, transport, and any related handling. Natural products such as turf, hedging, and ornamental plants can vary in colour, size, and shape, and small variations are not considered defects. Where substitutes are needed due to stock issues, we will try to choose a reasonable alternative of similar quality.
You are responsible for ensuring lawful access to the property, including permissions from landlords, management agents, neighbours, or other occupiers where necessary. If the work requires parking permits, keys, fobs, or special entry arrangements, you must provide them in good time. We are not responsible for delays or additional costs caused by failure to provide access or necessary permissions.
If the property has fragile surfaces, concealed services, or limited working space, additional precautions may be needed and may increase the price. We may decline to use equipment that is unsuitable for the site or unsafe in the circumstances. Our decision on safe working practices is final on the day of the visit.
8. Complaints and Remedial Work
If you are unhappy with any aspect of the service, you should notify us as soon as reasonably possible and provide clear details of the issue. We may ask for photographs, a description of the concern, or access to the site so that we can assess the matter. This helps us determine whether the issue is due to the service, external conditions, or aftercare.
Where we accept that a service has not been delivered in line with the agreed specification, we may choose to return and correct the issue within a reasonable time, provide a partial refund, or offer another appropriate remedy. Any remedial work will be limited to the original scope unless we agree otherwise. We are not required to remedy issues caused by weather, misuse, lack of maintenance, or third-party interference.
If a dispute cannot be resolved directly, both parties agree to act reasonably and attempt to settle the matter in good faith before starting formal proceedings. Nothing in this section affects your statutory consumer rights.
9. Governing Law
These Terms and Conditions are governed by the laws of England and Wales. Any dispute or claim arising from or relating to the services, the booking process, payment, cancellation, liability, waste handling, or any related issue will be subject to the exclusive jurisdiction of the courts of England and Wales, unless mandatory consumer law provides otherwise.
By using our gardening services, you acknowledge that these terms are intended to create a fair and workable framework for both parties. They do not affect rights that cannot lawfully be excluded, and they should be read together with any quotation, invoice, or written confirmation issued for your booking. If any part of these terms is found to be unenforceable, the remaining provisions will continue to apply.
Gardeners Kilburn reserves the right to amend these terms where necessary to reflect changes in law, operational practice, or service structure. The version applicable to your booking will always be the one in force when the booking was confirmed.