Gardeners Botany Bay Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Botany Bay provides gardening and related services to residential and commercial customers in the United Kingdom. By booking or using our services, you agree to be bound by these Terms and Conditions, which form the entire agreement between you and Gardeners Botany Bay for the provision of those services.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below.

Customer or you means the person, business, company or organisation booking or receiving the services.

We, us or our means Gardeners Botany Bay.

Services means gardening and related services supplied by us, including but not limited to lawn care, planting, pruning, hedge trimming, garden clearance, soft landscaping, and routine garden maintenance.

Booking means an agreed appointment or series of appointments for the provision of services, whether made by telephone, online, or in writing.

Site or property means the garden or other outdoor area at which the services are to be provided.

2. Service Area

Gardeners Botany Bay provides gardening and maintenance services primarily within its designated local service area. Acceptance of a booking outside this area is at our sole discretion and may be subject to additional travel time or call-out charges, which will be confirmed before you agree to proceed.

3. Booking Process

3.1 You may request a quotation and make a booking by telephone or via our online enquiry process. Any quotation is an estimate only, based on the information you provide and, where applicable, an inspection of the site.

3.2 A booking will be confirmed when we notify you that we have accepted your request, provide a date or schedule for the services, and you indicate your agreement to proceed. We reserve the right to decline any booking at our discretion.

3.3 For larger projects, ongoing maintenance contracts, or where specified by us, we may issue a written description or schedule of works. It is your responsibility to check that the details are accurate and complete before the services commence.

3.4 Any changes you request to the scope, timing, or frequency of the services after a booking has been confirmed must be agreed by us and may result in a revised price or schedule.

4. Access to Your Property

4.1 You must ensure that we have safe and reasonable access to the property and all relevant parts of the garden at the agreed times. This includes providing clear instructions for access, arranging for gates or doors to be unlocked, and securing any pets as necessary.

4.2 If we are unable to gain access at the agreed time, or if access is unsafe in our reasonable opinion, we may cancel or postpone the service. In such cases, a call-out or cancellation fee may apply, as set out in the cancellations section below.

4.3 You agree to inform us in advance of any hazards or particular risks on the site, including uneven ground, ponds or water features, unstable structures, exposed wiring, or the presence of hazardous materials.

5. Customer Responsibilities

5.1 You are responsible for ensuring that the site is suitable for the services to be carried out. Unless agreed otherwise, this includes removing personal items, toys, garden furniture, and any obstructions that may interfere with our work or pose a safety risk.

5.2 You agree not to interfere with or instruct our staff to undertake work that falls outside the agreed scope of services without our prior approval. Any additional work may be charged separately.

5.3 Children and pets must be kept at a safe distance from the working area while services are being performed.

6. Pricing and Quotations

6.1 Prices for our services may be based on an hourly rate, a fixed project fee, or a regular maintenance charge, as confirmed to you at the time of booking.

6.2 Any quotation is given in good faith but is not binding if the information provided is incomplete or inaccurate, or if site conditions differ significantly from those anticipated. Where additional work or time is required, we will inform you and either seek your approval to proceed at an adjusted price or agree alternative arrangements.

6.3 Unless otherwise agreed, prices are stated inclusive of labour and the use of our standard tools and equipment. The supply of plants, materials, or specialist equipment may be charged separately.

7. Payments and Invoicing

7.1 Payment terms will be stated at the time of booking. Unless otherwise agreed, payment is due on completion of the services for one-off jobs, and in advance or on a recurring schedule for regular maintenance.

7.2 We may require a deposit for larger projects or where significant materials or plants are to be ordered. Any required deposit will be confirmed to you prior to acceptance of the booking.

7.3 Payment methods will be notified to you and may include bank transfer, card payment, or other accepted methods. Cash payments may be accepted only where expressly agreed.

7.4 If payment is not received by the due date, we reserve the right to suspend or cancel further services and to charge interest on overdue amounts at the statutory rate permitted under English law, accruing daily until payment is made in full.

8. Cancellations and Rescheduling

8.1 If you need to cancel or reschedule a booking, you must notify us as early as possible and no later than the minimum notice period specified at the time of booking. As a general guideline, at least 24 hours notice is required for standard appointments, and longer notice may be required for large projects.

8.2 If you cancel or reschedule within the minimum notice period, we may charge a reasonable cancellation or late rescheduling fee to cover costs incurred and loss of work. The amount of any such fee will be communicated to you.

8.3 We may cancel or postpone a booking where we are unable to perform the services due to circumstances beyond our reasonable control, including severe weather, staff illness, safety concerns, or equipment failure. In these cases, we will aim to reschedule the appointment as soon as reasonably possible and no cancellation fee will apply.

8.4 Repeated cancellations or failed access to the property may result in termination of any ongoing maintenance agreement at our discretion.

9. Weather and Site Conditions

9.1 The nature of gardening work means that certain services cannot be safely or effectively carried out in adverse weather conditions, such as heavy rain, strong winds, extreme temperatures or prolonged frost.

9.2 We reserve the right to adjust, delay, or reschedule services where weather or ground conditions would make the work unsafe, likely to damage the garden, or significantly reduce the quality of the result. We will notify you as soon as practicable of any such changes.

10. Waste Removal and Environmental Regulations

10.1 We comply with applicable UK regulations relating to the disposal of green waste and other materials generated during our work.

10.2 Unless expressly included in your quotation or service description, removal and disposal of garden waste is not automatically included. We will advise whether waste removal is part of the agreed service and, if not, any additional charges that would apply for us to remove it.

10.3 Where waste removal is included, we will dispose of green waste at an authorised facility or through an appropriate licensed service. We do not remove hazardous waste, contaminated materials, or controlled substances.

10.4 If you prefer to handle garden waste yourself, we may agree to leave it in a designated area of the property. Once left on site at your request, we are not responsible for its subsequent storage or disposal.

11. Use of Plants, Materials, and Products

11.1 Where we supply plants or materials, we will use reputable suppliers and aim to ensure that all items are of suitable quality and appropriate for the local garden environment.

11.2 Any descriptions of plants or expected growth, flowering, or performance are indicative only and may vary due to soil conditions, climate, care, and other environmental factors beyond our control.

11.3 If we apply fertilisers, weed control products, or other treatments, we will do so in accordance with the manufacturer instructions and relevant safety and environmental regulations. You agree to follow any aftercare advice or exclusion periods that we notify to you, for example keeping children and pets away from treated areas for a specified time.

12. Liability and Insurance

12.1 We will carry out the services with reasonable care and skill, using appropriately trained staff and suitable equipment. If you are not satisfied with any aspect of our work, you must notify us promptly so that we have an opportunity to address the issue.

12.2 Our liability to you for any loss or damage arising out of or in connection with the services shall be limited to the amount you have paid for the particular service giving rise to the claim, except where such limitation is not permitted by law.

12.3 We are not liable for any indirect, consequential, or purely economic loss, including loss of profit, loss of opportunity, or loss of enjoyment, arising from the performance or non-performance of the services.

12.4 We are not liable for pre-existing defects or conditions at the property, or for damage resulting from faulty structures, poor soil conditions, hidden cables or pipes, or other risks that could not reasonably have been foreseen.

12.5 You are responsible for the integrity of any underground utilities, irrigation systems, or cables not accurately identified and communicated to us before work begins. We will not be liable for damage to such installations where their location has not been disclosed.

12.6 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot lawfully be excluded under UK law.

13. Guarantees and Complaints

13.1 For gardening and horticultural work, outcomes may depend on factors beyond our control, including weather, pests, and subsequent maintenance. We therefore cannot guarantee specific results in relation to plant growth or garden performance.

13.2 If you have a concern or complaint about our services, you must notify us as soon as reasonably possible, providing details of the issue. We may request photographs or an opportunity to inspect the site.

13.3 Where we are at fault, we will endeavour to rectify the problem within a reasonable time, which may include re-performing the service or offering an appropriate reduction in the price. Any remedy will be determined in accordance with your statutory rights and these Terms and Conditions.

14. Health and Safety

14.1 We will take reasonable steps to ensure the health and safety of our staff and others present at the property while we are working, including using appropriate protective equipment and following relevant safety procedures.

14.2 You agree not to ask or require our staff to perform any task that is unsafe or outside the scope of normal gardening activities. Our staff may decline to carry out any work they consider to pose an unreasonable risk.

15. Termination of Ongoing Services

15.1 Either party may terminate an ongoing maintenance arrangement by giving the notice period specified in the agreement or, where no period is specified, reasonable notice in writing.

15.2 We may terminate the agreement with immediate effect where you fail to pay sums due, repeatedly cancel bookings at short notice, obstruct access, or otherwise materially breach these Terms and Conditions.

16. Changes to These Terms

16.1 We may revise these Terms and Conditions from time to time to reflect changes in our services, legal requirements, or business practices.

16.2 The version of the Terms and Conditions that applies to your booking will be the version in force at the time your booking is confirmed. Updated terms will apply to future bookings after they have been published or notified.

17. Governing Law and Jurisdiction

17.1 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.

17.2 You and we 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 provided, except where you are a consumer domiciled in another part of the United Kingdom and applicable law provides otherwise.

By proceeding with a booking or by allowing our staff to commence work at your property, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.