Gardeners Ruxley Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Ruxley provides gardening and related outdoor maintenance services to residential and commercial customers in the UK. By booking any service, you agree to these terms, which are designed to create a clear, fair, and practical understanding between the customer and the service provider. Please read them carefully before confirming an order.

Throughout this document, references to we, us, and our mean Gardeners Ruxley, and references to you or the customer mean the person requesting the service. These terms apply to one-off visits, repeat maintenance, seasonal work, clearance work, and any other gardening service agreed in writing or by other recorded means.

The purpose of these Gardeners Ruxley service terms is to explain how bookings are made, how charges are calculated, when payment is due, what happens if a booking is changed or cancelled, and how responsibility is shared if issues arise. They also include important information about waste handling and the law that applies to the agreement.

1. Booking process

A booking is formed when we confirm the requested work and provide an acceptance by email, message, written note, or other recorded communication. A request for an estimate, site visit, or availability check does not by itself create a binding booking. Any quotation provided before the work begins is based on the information available at the time and may be adjusted if the scope, access, condition of the garden, or customer instructions change.

Before the work starts, you must give accurate details about the property, the tasks required, access arrangements, parking or loading restrictions, and any known hazards such as uneven ground, hidden utilities, aggressive pets, or contaminated waste. If the information supplied is incomplete or incorrect, we may revise the price, alter the schedule, suspend the work, or decline the booking if doing so is reasonable.

If a visit is arranged for an assessment or quotation, we will attend at the agreed time where possible, but arrival times are estimates unless we state otherwise. Delays caused by weather, traffic, illness, equipment failure, or other events beyond our control do not amount to a breach of contract. We will use reasonable efforts to notify you of any material delay or need to reschedule.

2. Prices and payments

Prices are normally provided before work commences, although some services may be charged on a time and materials basis if that is the fairest method due to uncertain conditions or variable scope. Any price stated is exclusive of additional items not included in the original request, such as specialist disposal, extra labour, replacement materials, or work requested during the visit that was not part of the booking.

Unless otherwise agreed in writing, payment is due on completion of the work on the same day. For repeat or larger works, we may request a deposit, staged payments, or payment in advance. We accept payment only by the methods agreed at the time of booking. Late payment may result in suspension of future services, recovery action, and reasonable costs associated with collection where permitted by law.

If a customer fails to pay the agreed amount, we may charge interest on overdue sums at the statutory rate applicable to business-to-consumer or business-to-business transactions, as relevant, from the date payment became due until the date payment is received. Any chargeback, reversed payment, or bank fee caused by insufficient funds or an unauthorised dispute may be added to the balance owed where lawful.

3. Changes, cancellations, and access

You may request a change to the booking before the service date, but we cannot guarantee availability for alternative times or dates. If the change affects labour, materials, travel, or waste disposal requirements, the quote may be revised. We reserve the right to cancel or postpone a booking if the weather is unsafe, if access is not available, if the property conditions create a health and safety concern, or if events outside our control make performance impractical.

Where you cancel a booking, we ask for reasonable notice. If cancellation is made at short notice and we have already allocated staff, purchased materials, reserved equipment, or incurred travel costs, we may charge a fair cancellation fee reflecting our actual loss. Where the service has already begun, payment will be due for the work completed and any non-refundable costs incurred up to the point of cancellation.

4. Customer responsibilities

You are responsible for ensuring safe and reasonable access to the property, including unlocking gates, keeping pathways clear, and informing occupiers or neighbours if necessary. You must also ensure that any requested work does not breach lease terms, planning requirements, landlord restrictions, or local rules that apply to the property. If permission from a third party is needed, it is your responsibility to obtain it before work begins.

We may refuse to undertake work that appears unsafe, unlawful, or beyond the agreed scope. This includes jobs involving unstable structures, asbestos, electrical hazards, protected wildlife matters, or the handling of materials that require specialist contractors. If we discover such an issue after arriving, we may stop work immediately and charge for the time spent and any reasonable costs already incurred.

It is your responsibility to remove or secure items that could be damaged by normal gardening activity, including ornaments, fragile pots, furniture, toys, cables, and irrigation fittings. While we take reasonable care, we cannot be responsible for damage caused by items left in work areas where they could reasonably have been moved or protected by the customer beforehand.

5. Liability and service limits

We will perform the service with reasonable skill and care and in line with the information provided by you. However, gardening work often involves natural variation, weather exposure, plant health issues, and the condition of existing materials, all of which can affect outcomes. Unless we have expressly guaranteed a result in writing, we do not guarantee plant survival, long-term growth, pest eradication, or the permanent success of any treatment or maintenance activity.

We are not liable for pre-existing defects, hidden damage, latent disease, poor soil condition, root disturbance, or deterioration that becomes apparent during or after the work unless caused directly by our negligence. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded under UK law.

Where we are responsible for proven direct loss caused by our breach of contract or negligence, our liability will be limited to the value of the relevant service or the amount recoverable under any applicable insurance, whichever is lower, except where the law requires otherwise. We will not be liable for indirect or consequential losses, including loss of profits, loss of enjoyment, or losses arising from third-party actions, except to the extent such exclusion is unlawful.

6. Waste, green waste, and environmental rules

Waste generated during the service, including grass cuttings, prunings, leaves, soil, branches, and other garden debris, will be handled in accordance with applicable UK waste laws and environmental obligations. Where we agree to remove waste, the charge may include loading, transport, disposal fees, and segregation requirements. Waste may be classified differently depending on its nature, volume, and whether it contains soil, timber, mixed materials, or contaminated matter.

We will dispose of waste only through lawful routes. You agree not to ask us to remove materials that require specialist disposal unless that has been discussed in advance. Examples include asbestos, chemicals, oils, hazardous containers, sharps, clinical waste, invasive species requiring controlled handling, and waste contaminated by dangerous substances. If such material is encountered unexpectedly, we may leave it in place, make the area safe where reasonable, and discuss the next steps with you.

Where composting, recycling, or reuse is possible, we may separate suitable green waste from general waste to support responsible disposal, but we are not required to process waste beyond what is practical, safe, and agreed. Once waste has been collected or removed from the property in line with the booking, ownership and responsibility for lawful disposal pass to us, except where the waste was incorrectly described or contained prohibited items not disclosed by the customer.

7. Materials, plants, and equipment

If we supply plants, compost, mulch, topsoil, fertiliser, or other materials, title in those items remains with us until payment is made in full, unless otherwise agreed. Any advice about materials or plant choice is given in good faith but may be affected by seasonal availability, weather, soil conditions, and site-specific factors. Customers accept that living materials are inherently variable and may respond differently after planting or installation.

We may use our own tools and equipment or, if agreed, customer-provided items. If you ask us to use your equipment, you confirm it is safe, functional, and suitable for the task. We are not responsible for defects in customer-supplied tools, accessories, or machinery unless damage is caused by our negligent use beyond normal operation. We may refuse to use equipment that appears unsafe or unsuitable.

Any materials left at the property prior to completion remain the customer’s responsibility unless expressly transferred in writing. If we store items on-site for convenience, this does not create a bailment or storage agreement unless we specifically agree to one.

8. Complaints and remedial work

If you believe a service has not been carried out properly, you should notify us within a reasonable time after completion and provide sufficient detail for us to review the issue. We may ask for photographs, a description of the concern, or access to the property so we can assess the matter. Where a fault is due to our error and is reasonably capable of remedy, we may choose to return and correct it at no additional labour charge.

A request for remedial work does not automatically create liability. We are not obliged to return if the issue results from factors outside our control, including weather, site conditions, poor aftercare, third-party interference, or natural plant behaviour. Where a dispute cannot be resolved informally, the parties should continue to act reasonably and limit any further loss.

9. Force majeure and suspensions

We are not in breach of contract if performance is delayed or prevented by events beyond our reasonable control. These may include extreme weather, accidents, disease outbreaks, industrial action, shortages of materials, equipment failure, road closures, or legal restrictions. In such cases, we may suspend performance, reschedule the work, or cancel the booking if continuation is no longer practical.

If a force majeure event continues for an extended period, either party may agree to cancel the affected booking without further obligation apart from paying for work already completed and any non-recoverable costs reasonably incurred. We will always aim to act fairly and to minimise inconvenience where a change becomes necessary.

10. Data use and communication

Any personal information provided in connection with a booking will be used only for legitimate business purposes such as arranging the service, issuing invoices, handling queries, maintaining records, and meeting legal obligations. We will treat customer information with reasonable care and will not sell it to unrelated third parties. Communication may take place by telephone, email, text message, or other agreed methods for service administration.

11. Governing law

These Terms and Conditions, and any dispute or claim arising from them, are governed by the laws of England and Wales. If you are a customer based in Scotland or Northern Ireland, mandatory local consumer protections may still apply where relevant. Any dispute will be subject to the non-exclusive jurisdiction of the courts of England and Wales, unless the law requires a different forum.

12. General provisions

If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. A failure by us to enforce any right under these terms does not waive that right. No one other than the customer and Gardeners Ruxley has any right to enforce these terms unless the law says otherwise.

We may update these terms from time to time to reflect changes in services, legal requirements, or operating practices. The version in force at the time of booking will normally apply to that booking unless a later change is required by law. By confirming a service with Gardeners Ruxley, you acknowledge that you have read, understood, and accepted these conditions.