Gardeners Marylebone Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Marylebone provides gardening and related outdoor maintenance services to residential and commercial customers. By making a booking, confirming a quotation, or allowing our team to begin work, you agree to these terms. Please read them carefully before placing an order for any service.
These terms apply to all services supplied by Gardeners Marylebone, including but not limited to lawn care, hedge trimming, planting, border maintenance, seasonal tidy-ups, garden clearance, waste removal, and general garden maintenance. Any special terms agreed in writing for a particular job will apply in addition to these terms, unless they expressly conflict with them.
1. Definitions
In these Terms and Conditions, “we”, “us”, and “our” mean Gardeners Marylebone. “You” and “your” mean the customer or person requesting services. “Services” means the gardening, maintenance, clearance, or related work agreed between us. “Site” means the property or outdoor area where the Services are to be carried out.
2. Booking process
You may request a booking by contacting us and providing details of the work required. To give an accurate quotation, we may ask for photographs, measurements, a description of the garden, or access information. In some cases, we may need to inspect the Site before confirming the price, schedule, or scope of work.
A quotation will usually describe the Services, any exclusions, and the estimated or fixed price where applicable. Quotations are based on the information you provide and, where relevant, our inspection of the Site. If the condition of the Site differs from the information supplied, or if additional work is required, we may revise the quotation before proceeding.
A booking is only confirmed when we accept it and agree a date, time, and scope of work. We may refuse a booking at our discretion, including where access is unsuitable, the work falls outside our capability, or the Site conditions present a safety risk. Any date given is an estimate unless we have expressly agreed a fixed appointment time in writing.
You must ensure that the person placing the booking is authorised to do so. If you are booking on behalf of a landlord, tenant, managing agent, business, or other third party, you confirm that you have authority to agree to these terms and to authorise the work.
3. Access and customer responsibilities
You must provide safe and reasonable access to the Site at the agreed time. This includes arranging entry, supplying any necessary keys, codes, or supervision, and making sure the work area is reasonably clear. If we are unable to access the Site, or if access is delayed, we may charge for lost time, travel, or a return visit.
You are responsible for advising us of any known hazards, including buried cables, irrigation systems, weak paving, fragile structures, slippery surfaces, pest infestations, protected plants, aggressive animals, or dangerous materials. Where such issues are not disclosed, we will not be responsible for loss or damage arising from them.
You must also ensure that valuable, fragile, or easily damaged items are removed from the work area where reasonably possible. Garden tools, decorations, furniture, ornaments, and fittings should be moved if they could be affected by the Services. If you ask us to work around items left in place, you do so at your own risk unless damage is caused by our negligence.
4. Payments
Our charges will be set out in the quotation, confirmation, or agreed schedule of rates. Unless otherwise stated, prices are inclusive of labour only and may exclude materials, parking charges, waste disposal fees, specialist equipment, or additional labour needed because of unforeseen conditions.
Where a deposit is requested, it must be paid to secure the booking. For one-off work, payment may be required on completion, unless we agree otherwise in advance. For larger projects or recurring maintenance, staged payments, advance payment, or invoicing may apply. We may suspend or cancel Services if payment is overdue.
You must pay all sums due by the date stated on the invoice or confirmation. If payment is not made on time, we reserve the right to charge reasonable recovery costs and any interest permitted by law on late commercial payments where applicable. We may also withhold future Services until outstanding amounts are paid in full.
If we discover that additional work is required and you approve it, the price will increase accordingly. If you decline the extra work, we may complete only the originally agreed Services, provided this can be done safely and effectively. Any significant change to the scope of work may require a revised quotation.
5. Cancellations and rescheduling
You may cancel or reschedule a booking, but we ask for reasonable notice. If you cancel too close to the appointment time, we may charge a cancellation fee to cover reserved labour, travel, and administrative costs. The amount charged will depend on the notice given and the nature of the booking.
If you reschedule, we will try to offer an alternative date, subject to availability. Repeated cancellations or repeated failure to provide access may lead us to require advance payment for future bookings or to decline further work.
We may cancel or reschedule an appointment where weather conditions, staff availability, safety concerns, access issues, or other events beyond our control prevent us from carrying out the work properly. In such cases, we will aim to give you notice as soon as reasonably possible and offer a new appointment where appropriate.
6. Service standards and variations
We will use reasonable skill and care in delivering the Services and will aim to carry out the agreed work in a professional manner. Gardening outcomes may vary depending on season, weather, plant condition, soil quality, access, and the natural growth patterns of living materials. You acknowledge that planting, pruning, lawn recovery, and similar horticultural tasks cannot always guarantee a specific result.
Any photographs, descriptions, or suggestions we provide are for guidance only unless we expressly agree otherwise in writing. Advice about plant care, maintenance schedules, or garden improvements is given in good faith but should not be treated as a warranty of future performance.
If you request changes after work has started, we may treat them as a variation. Variations may affect the price and completion time. We are not obliged to carry out additional work unless we agree to do so.
7. Waste removal and disposal
Where we remove green waste or other garden debris as part of the Services, we will handle it in accordance with applicable waste regulations. Waste may include grass cuttings, prunings, leaves, soil, compostable material, and other garden refuse arising from the work agreed.
You agree that any waste we collect belongs to us for the purpose of lawful removal and disposal, unless we tell you otherwise. We will dispose of waste responsibly and may use authorised waste transfer or recycling facilities. We do not accept responsibility for pre-existing waste, household rubbish, hazardous materials, sharp objects, chemicals, asbestos, or controlled substances unless we expressly agree in writing to handle them and it is lawful to do so.
If your booking includes waste removal, the quote may be based on the expected volume and type of waste. If the actual waste is greater than expected, or if disposal requires special handling, the price may increase. You must tell us in advance about anything unusual that may affect collection or disposal.
You must not place hazardous or prohibited materials in any waste that we are asked to remove. If such items are found, we may refuse to remove them, may stop the work, or may charge additional fees for any lawful disposal arrangements that are required.
8. Liability and limitation of responsibility
We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot legally be excluded.
Subject to the above, we are not liable for losses caused by events outside our reasonable control, including severe weather, storm damage, drought, frost, disease, pests, vandalism, trespass, third-party interference, or delays caused by access problems or supply shortages.
We are not responsible for damage arising from pre-existing defects, unstable structures, hidden underground services, concealed pipework, cable routes, poor drainage, or weaknesses that could not reasonably have been identified before work began. We will not be liable for damage caused by items left in the work area contrary to our advice.
If we are found liable for any loss or damage arising from the Services, our total liability will be limited to the amount paid or payable for the specific Service giving rise to the claim, except where a different limit is required by law. We will not be liable for indirect or consequential losses, including loss of profit, loss of business, or loss of anticipated savings.
You should take reasonable steps to protect your property, including moving vehicles, securing pets, protecting delicate plants, and backing up any electronic access systems or smart controls that may be affected by outdoor work. We are not responsible for items damaged because they were not protected where it would have been reasonable to do so.
9. Complaints and remedial work
If you are unhappy with any aspect of the Services, you should notify us as soon as reasonably possible and give us a fair opportunity to review the issue. If appropriate, we may offer to return and inspect the work, provide clarification, or carry out reasonable remedial work.
We will not be responsible for complaints raised long after the work was completed where the issue could have been identified earlier, or where further damage has occurred because the problem was not reported promptly. Any remedial action will be at our discretion and without prejudice to our rights under these terms.
10. Ownership of materials and equipment
Any materials supplied by us remain our property until paid for in full, where retention of title is lawful and applicable. Tools, machinery, and equipment brought to the Site remain our property at all times. You must not use, move, or interfere with our equipment without permission.
If you supply materials, plants, or products for us to use, you are responsible for their suitability unless we have agreed to source them for you. We are not liable for poor performance caused by customer-supplied items that were defective, unsuitable, or not fit for purpose.
11. Data and privacy
We will use any personal information you provide only for purposes connected with booking, carrying out, and administering the Services, or as otherwise permitted by law. We will take reasonable steps to protect your information and will not use it for unrelated purposes without lawful basis.
12. Governing law and jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. Any dispute arising from or connected with these terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13. General terms
If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force. No failure or delay by us in enforcing any right or remedy shall mean that we have waived it.
We may update these Terms and Conditions from time to time. The version in force at the time of your booking will apply to that booking unless a later version is agreed in writing. By proceeding with a booking, you confirm that you have read, understood, and accepted these terms.
