Gardeners Kilburn Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Kilburn provides gardening and related services to residential and commercial customers. By booking or using any of 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 definitions apply:

Customer means the person, firm, or organisation requesting or receiving services from Gardeners Kilburn.

Services means any gardening, grounds maintenance, garden clearance, lawn care, hedge trimming, planting, landscaping, or related work carried out by Gardeners Kilburn.

Contract means the agreement between Gardeners Kilburn and the Customer for the provision of Services, incorporating these Terms and Conditions.

Visit means each individual attendance at the Customer’s property by Gardeners Kilburn for the purpose of providing the Services.

2. Scope of Services

Gardeners Kilburn provides gardening and garden maintenance services within Kilburn and surrounding areas. The specific services to be provided will be agreed at the time of booking and confirmed either verbally or in writing, depending on the nature and scale of the work.

We reserve the right to refuse any work that we consider unsafe, unsuitable, beyond our level of expertise, or not reasonably accessible, including but not limited to work at excessive height, work involving hazardous materials, or work requiring specialist equipment not ordinarily used for standard gardening services.

3. Booking Process

3.1 A booking may be made by the Customer via our usual communication channels. By requesting a booking, the Customer confirms that they have the authority to enter into a Contract for the property where the Services will be carried out.

3.2 For one-off jobs and larger projects, we may provide an estimate or quotation based on information supplied by the Customer or following a site visit. Any quotation is given in good faith and is based on the information available at the time. If, upon arrival, we identify conditions that differ from those described, we may revise the quotation or adjust the scope of work by agreement with the Customer.

3.3 Regular maintenance visits may be arranged on a weekly, fortnightly, monthly, or other agreed schedule. The frequency, approximate duration, and typical tasks to be undertaken will be agreed in advance. The Customer acknowledges that seasonal conditions may affect what work can be reasonably carried out during any particular Visit.

3.4 A booking is confirmed once we have agreed the date, time window, and basic scope of work. We will use reasonable efforts to attend at the agreed time, but all timing is approximate and subject to factors such as weather, traffic, and the overrunning of previous jobs. In the event of delays, we will endeavour to inform the Customer as soon as reasonably practicable.

4. Customer Responsibilities

4.1 The Customer must ensure that Gardeners Kilburn has safe and reasonable access to the property, garden, and any relevant external areas. This includes arranging access through gates, communal areas, or reception facilities where applicable.

4.2 The Customer must ensure that the garden or external area is reasonably clear of obstructions and hazards, including but not limited to pet waste, broken glass, sharp objects, or unstable structures. If the area is not in a suitable condition for work, we may refuse to proceed or may carry out only part of the work, and a call-out or minimum charge may still apply.

4.3 The Customer agrees to inform us in advance of any special risks, fragile plants, underground services, or specific features that could be damaged or pose hazards, such as shallow pipes or wiring, hidden ponds, or delicate garden ornaments.

4.4 The Customer is responsible for ensuring that any necessary permissions, consents, or approvals have been obtained for the Services, including any work on shared boundaries, listed buildings, conservation areas, or communal gardens.

5. Pricing and Payment Terms

5.1 Prices for our Services may be based on hourly rates, fixed-fee quotations, or a combination of both, depending on the type of work.

5.2 Unless otherwise stated, prices are exclusive of the removal of green waste and other waste materials. Any additional charges for waste removal will be communicated to the Customer in advance or at the time of quotation.

5.3 Payment is due on completion of the Services for one-off jobs, or in accordance with any agreed schedule for regular maintenance or larger projects. We may request part or full payment in advance for substantial works or where materials must be purchased specifically for the Customer.

5.4 We accept commonly used forms of payment as specified at the time of booking or invoicing. Cash payments, if accepted, must be made directly to an authorised representative of Gardeners Kilburn and a receipt will be provided upon request.

5.5 Invoices are payable by the due date stated on the invoice. If the Customer fails to pay on time, we reserve the right to charge interest on the overdue amount at the statutory rate, and to suspend or cancel further Services until payment is received in full.

5.6 Where materials, plants, or fixtures are supplied as part of the Services, these may remain the property of Gardeners Kilburn until payment is received in full.

6. Cancellations and Rescheduling

6.1 The Customer may cancel or reschedule a Visit by giving us at least 24 hours notice prior to the agreed arrival time. Where sufficient notice is given, no cancellation charge will usually apply.

6.2 If the Customer cancels or reschedules with less than 24 hours notice, we reserve the right to charge a late cancellation fee, which may be up to the minimum call-out charge or a reasonable proportion of the anticipated service cost.

6.3 If we arrive at the property and are unable to gain access, or if the Customer is not available where their presence is required for access or instructions, this may be treated as a late cancellation and a call-out or cancellation fee may be charged.

6.4 Gardeners Kilburn may cancel or reschedule a Visit due to adverse weather, staff illness, unforeseen operational issues, or other circumstances beyond our reasonable control. We will endeavour to notify the Customer as soon as possible and to arrange a new Visit at a mutually convenient time. We will not be liable for any loss arising from such cancellation or rescheduling, other than refunding any pre-paid amount for the cancelled Visit.

7. Weather and Seasonal Conditions

7.1 Certain services, such as lawn treatments, planting, or exterior painting of garden structures, may be weather-dependent and may not be possible to carry out safely or to an acceptable standard in adverse conditions.

7.2 Where weather conditions prevent us from carrying out the Services as intended, we may propose alternative tasks for that Visit, or reschedule the work to a more suitable time. Charges may still apply for time spent on site where reasonable alternative work is undertaken.

8. Materials, Plants, and Guarantees

8.1 Where we supply materials, plants, or products, we will use reasonable care to select suitable items for the intended purpose and local conditions. However, plant growth and survival are influenced by many factors outside our control, including weather, pests, diseases, soil quality, and aftercare.

8.2 Unless explicitly agreed in writing, we do not guarantee the performance, longevity, or growth of plants, turf, or living materials once the Visit is complete.

8.3 Any manufacturer or supplier guarantees on products, such as lawn care treatments, tools, or fixtures, are subject to their own terms. We will pass on relevant information where appropriate, but we are not responsible for fulfilling third-party guarantees.

9. Waste Removal and Environmental Regulations

9.1 Gardeners Kilburn will, as standard, tidy up the work area after completing the Services. Green waste, such as cuttings, clippings, and prunings, may be placed in the Customer’s garden waste bin or compost area where available and appropriate.

9.2 If the Customer requires us to remove green waste from the property, this may be subject to an additional charge to cover disposal costs and transport, which will be agreed in advance wherever possible.

9.3 We comply with applicable waste and environmental regulations for the transport and disposal of waste. We do not remove hazardous waste, contaminated soil, or materials requiring specialist disposal. The Customer is responsible for arranging lawful disposal of any such items.

9.4 We will not dispose of household rubbish, construction debris, or general non-garden waste unless explicitly agreed as part of a separate clearance service, and subject to additional charges.

10. Health and Safety

10.1 Gardeners Kilburn is committed to maintaining high standards of health and safety for customers, staff, and members of the public.

10.2 The Customer agrees not to interfere with or misuse any equipment or protective measures used by our staff, and to keep children and pets away from the immediate work area during Visits.

10.3 The Customer must alert us to any known hazards or risks on the property, such as unsafe steps, loose paving, unstable walls, or aggressive animals.

11. Liability and Insurance

11.1 Gardeners Kilburn will exercise reasonable care and skill in providing the Services. If we cause damage to the Customer’s property due to our negligence, we will, at our option, repair the damage, replace the item, or offer fair compensation, subject to the limitations set out in this clause.

11.2 Our total liability to the Customer, whether in contract, tort, or otherwise, arising out of or in connection with the Services, shall not exceed the total price paid or payable by the Customer for the specific Visit or project giving rise to the claim.

11.3 We are not liable for any indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, or loss of anticipated savings, arising from or in connection with the Services.

11.4 We are not responsible for any damage or deterioration arising from existing defects, structural weaknesses, pre-existing diseases or pests, unsuitable soil or ground conditions, or lack of appropriate aftercare following completion of the Services.

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

12. Complaints and Service Issues

12.1 If the Customer is dissatisfied with any aspect of the Services, they should notify us as soon as possible, and in any event within a reasonable time after the Visit, so that we have the opportunity to investigate and, where appropriate, rectify the issue.

12.2 We may request photographs or a further site visit to assess the complaint. Where we consider the complaint justified and attributable to our performance, we will seek to resolve the matter fairly, which may include redoing part of the work or offering a partial refund.

13. Termination

13.1 For ongoing maintenance arrangements, either party may terminate the Contract by giving at least 7 days notice, unless a different notice period has been agreed in writing.

13.2 Gardeners Kilburn may terminate the Contract with immediate effect if the Customer commits a serious breach of these Terms and Conditions, fails to pay sums due, behaves abusively or threateningly towards staff, or requests work that is illegal or unsafe.

14. Data Protection and Privacy

14.1 We collect and use basic contact and property details solely for the purpose of managing bookings, providing the Services, and handling invoices and payments.

14.2 We will take reasonable steps to keep Customer information secure and will not sell or share personal data with third parties except where necessary to provide the Services, comply with legal obligations, or as otherwise permitted by law.

15. Variations to These Terms

15.1 Gardeners Kilburn may update or amend these Terms and Conditions from time to time. The version in force at the time of the Customer’s booking or renewal of services will apply to that Contract.

15.2 Any changes or additions to the agreed Services, prices, or payment terms must be agreed by both parties and may be confirmed in writing.

16. Governing Law and Jurisdiction

16.1 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.

16.2 The parties agree that 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.

17. General Provisions

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

17.2 No failure or delay by Gardeners Kilburn in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that right or remedy.

17.3 The Contract is between Gardeners Kilburn and the Customer. No other person shall have any rights to enforce any of its terms.

By booking or using the Services of Gardeners Kilburn, the Customer confirms that they have read, understood, and agree to these Terms and Conditions.