Terms and Conditions for Gardeners Footscray

These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Footscray. They are intended to be clear, fair and practical for both residential and commercial customers. By making a booking, you agree to these terms and confirm that you have read and understood them. These terms apply to all standard gardening services unless a separate written agreement states otherwise.

For the purposes of these Terms and Conditions, references to “we”, “us” and “our” mean Gardeners Footscray, and references to “you” and “your” mean the customer receiving the service. The services covered may include routine garden maintenance, hedge trimming, lawn care, planting support, seasonal tidy-ups and related outdoor work. They do not include specialist arboricultural work, structural landscaping or any service that requires separate licences or permissions unless expressly agreed in writing.

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 either party in exercising any right will be treated as a waiver of that right. These terms may be updated from time to time, and the version applicable to your booking will be the version in force at the time the booking is confirmed.

Booking process

Bookings for Footscray gardening services are accepted subject to availability, site suitability and confirmation of scope. A booking request may be made through any agreed communication method, and it must include enough information for us to assess the work reasonably. This usually means the type of garden service required, the approximate size of the area, access details, preferred dates and any known site conditions that may affect the work. We may ask for photographs or further clarification before confirming an appointment.

Once we have reviewed the request, we may provide a quotation, estimate or indicative price. A quotation will normally be based on the information you provide and may be adjusted if the actual site conditions differ materially from what was described. A booking becomes confirmed only when we have accepted the job and you have agreed to the price, date, scope and any other conditions that apply. We reserve the right to decline or postpone a booking where access is unsafe, the requested work is outside our service scope, or weather conditions make the work impractical or unsafe.

You are responsible for ensuring that the area is reasonably accessible on the agreed date and time. This includes moving vehicles, securing pets, providing entry arrangements and making sure any required permissions have been obtained. If a member of our team is unable to complete the service because access has not been provided, the booking may still be chargeable in full or in part, depending on the circumstances and the time already committed. Any special instructions should be given before the service begins so that we can plan the work properly.

Payments

Payment terms for Gardeners Footscray services will be confirmed at the time of booking or on the invoice. Unless otherwise agreed, payment is due upon completion of the work, or in advance for certain recurring, seasonal or higher-value appointments. We may require a deposit to secure a booking, especially where materials, labour scheduling or dedicated equipment are involved. Deposits are usually non-refundable except where we cancel the booking or where a refund is required under applicable law.

Accepted payment methods may include bank transfer, card payment or another method agreed in writing. If an invoice is issued, payment must be made by the due date stated on that invoice. Late payment may result in suspension of future services, recovery action or additional reasonable costs incurred in collecting overdue sums, where permitted by law. Any amounts stated are exclusive of VAT unless expressly stated otherwise, and you are responsible for paying any applicable taxes where required.

Cancellations and rescheduling

You may cancel or reschedule a confirmed booking by giving reasonable notice. The amount of notice required may vary depending on the size and nature of the job, the amount of preparation involved and whether materials or labour have already been allocated. If you cancel with short notice, we may charge a cancellation fee to cover lost time, travel or preparatory costs. Where a deposit has been paid, it may be used to offset such costs if the cancellation is made within the notice period stated at booking.

We may also need to cancel or reschedule a service because of weather, safety concerns, equipment failure, staff illness, access problems or other circumstances beyond our reasonable control. In such cases, we will try to offer an alternative appointment within a reasonable time. We will not be liable for any indirect loss arising from a rescheduled visit, provided we act reasonably and communicate the change as soon as practicable. If a cancellation by us is not followed by a suitable alternative date, any prepaid amount for the cancelled work will be refunded for the unperformed element.

Service standards and customer responsibilities

We will use reasonable skill and care in carrying out the agreed gardening work. Our team will aim to follow the agreed scope and, where appropriate, use professional judgment to make minor adjustments that support the quality or safety of the service. However, unless specifically included, we do not undertake major redesign, long-term plant health guarantees or services that depend on hidden site conditions. Any advice provided during the visit is offered in good faith and should not be treated as a guarantee of future results.

You must ensure that any information you provide about the site is accurate and complete. This includes notifying us of underground utilities, fragile surfaces, known hazards, protected plants, drainage issues, pests, allergies or other risks that may affect the work. If you ask us to work in conditions that are unsafe or unsuitable, we may refuse to proceed or may stop work until the issue is resolved. If work is delayed or additional charges arise because information supplied by you was incomplete or incorrect, you agree to cover those reasonable costs.

Any materials you ask us to supply remain subject to availability and may be substituted with equivalent items where necessary and appropriate. Plants, compost, fertiliser, mulch and similar items can be affected by weather, seasonality and supplier conditions, so exact matching is not always possible. We will not be responsible for loss resulting from natural variation, pre-existing poor plant condition, or environmental factors outside our control, provided the service was carried out with reasonable care.

Liability

Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation. Subject to that, our liability is limited to the total 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, incidental or consequential losses, including loss of profit, loss of enjoyment, business interruption or loss of opportunity, to the fullest extent permitted by law.

While we take care when working in gardens and outdoor spaces, certain risks are inherent in horticultural work. These can include uneven ground, hidden stones, buried objects, pests, thorny plants, falling debris and pre-existing damage to fences, paving, fixtures or plant stock. We are not liable for damage caused by pre-existing defects, inadequate construction, unstable surfaces or hidden conditions that could not reasonably have been identified before work began. If we identify an issue during the service, we may pause the work and discuss the safest way forward.

Where a claim is made, you must notify us within a reasonable time and give us a fair opportunity to inspect the issue. We may, at our discretion, repair, replace, re-perform the relevant part of the service or offer a refund for the affected portion, provided we accept responsibility. Any claim must be supported by evidence and must not be made more than necessary. You are expected to take reasonable steps to reduce any loss or damage after an incident has occurred.

Waste regulations

Garden waste generated during a service will be handled in accordance with applicable UK waste rules and any local disposal requirements that apply to the job. We aim to separate green waste, recyclable material and general rubbish where practical. Unless otherwise agreed, removal of waste is only included where it has been specifically added to the service scope and priced accordingly. If waste removal is included, the waste remains the property of the customer until collected, and you confirm that you have the right to authorise its removal.

We may use licensed carriers or approved disposal facilities where required. You must not ask us to remove hazardous, clinical, chemical or regulated waste unless we have expressly agreed in writing and are lawfully able to do so. Examples of prohibited or restricted items may include asbestos, paint tins containing liquid residue, oils, solvents, gas bottles, building rubble, treated timber, sharps and contaminated soil. If such waste is discovered during a job, we may stop work and charge for the time already spent, any disposal costs incurred and any additional handling required.

You are responsible for informing us about any items that may be subject to special disposal rules. If green waste is left on site at your request, it becomes your responsibility from the moment the service is completed. We are not responsible for how waste is stored or disposed of after handover. If we believe waste is unsafe, unlawful to move or likely to create an environmental risk, we may refuse to handle it and may advise alternative arrangements.

Insurance, property and site conditions

We maintain insurance appropriate to the nature of our services, but insurance does not remove the need for sensible site preparation and cooperation. You should remove or protect valuable, fragile or portable items before work begins, including ornaments, children’s toys, garden furniture, hoses and outdoor decorations. We are not responsible for damage to items that have not been moved, protected or disclosed as requiring special care, unless the damage results directly from our negligence.

Any gates, locks, alarms or access systems must be made available in working order if they are needed for the service. If keys or access codes are provided, you confirm that you are authorised to share them and that doing so will not breach any third-party rights. We will use reasonable care when handling access arrangements, but we do not accept responsibility for systems that fail due to pre-existing faults or normal wear and tear. We may photograph the work area before and after completion for record-keeping, quality control and dispute resolution purposes.

Where the site contains restricted areas, shared spaces or areas used by third parties, you are responsible for ensuring that any necessary consent has been obtained. We may refuse to enter an area if we consider it unsafe or if consent is uncertain. Our team may also suspend work if it becomes apparent that continuing could cause avoidable damage, breach a rule or create a risk to people, property or the environment. In such circumstances, payment may still be due for work completed up to the point of suspension.

Governing law and disputes

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where the law requires otherwise. If you are a consumer, you may also benefit from any mandatory rights available under applicable consumer protection legislation.

Before starting formal proceedings, both parties should try to resolve any dispute in good faith and within a reasonable time. This may include reviewing photographs, invoices, job notes or other relevant information. If a dispute cannot be resolved informally, the parties may consider negotiation or another suitable alternative dispute resolution process. Nothing in this clause prevents either party from seeking urgent interim relief where necessary.

By booking a service from Gardeners Footscray, you acknowledge that gardening work is affected by seasonal conditions, site-specific risks and customer instructions, and that these terms are designed to manage those realities fairly. If you do not agree with any part of these Terms and Conditions, you should not proceed with the booking. Continued use of the service after any update to these terms will be treated as acceptance of the updated version.