Terms And Conditions

Gardeners Poplar Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Poplar provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any service.

1. Definitions

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

Client means the person or organisation requesting or receiving gardening services from Gardeners Poplar.

Company means Gardeners Poplar, the provider of the services.

Services means any gardening, garden maintenance, soft landscaping, garden clearance, lawn care, hedge trimming, planting, or other related works that the Company agrees to provide to the Client.

Booking means any request or arrangement for the Company to provide Services, whether on a one off or recurring basis.

Site means the garden, outdoor space, or property at which the Services are to be performed.

2. Scope of Services

The Company provides gardening and outdoor maintenance services within its stated service area. The exact scope of work for each Booking will be agreed with the Client in advance, based on the description provided by the Client and any site visit or assessment carried out by the Company.

Any description of Services in marketing materials or general information documents is illustrative only. The specific tasks, frequency of visits, and expected outcomes will be confirmed in writing through a quotation, booking confirmation, or service schedule.

The Company reserves the right to decline or discontinue Services where the work requested is unsafe, unlawful, beyond the competence or capacity of the Company, or outside the agreed scope.

3. Booking Process

Bookings can be made by contacting the Company and providing details of the required Services, the Site address, and preferred dates and times. The Client is responsible for ensuring that all information supplied is accurate and complete.

For certain types of work, especially larger garden projects, the Company may carry out a site visit and provide a written quotation before confirming a Booking. Any quotation will set out the indicative scope of work, pricing structure, and any assumptions or exclusions.

A Booking is considered confirmed when the Company issues a confirmation and, where applicable, the Client has accepted any quotation or service proposal. The Company may, at its discretion, require a deposit or prepayment as a condition of confirming a Booking.

The Company will use reasonable efforts to attend the Site on the agreed date and time. However, all appointment times are approximate and may be subject to change due to weather conditions, traffic, staff availability, or other factors beyond the Companys reasonable control. The Company will notify the Client of any necessary rescheduling as soon as reasonably practicable.

4. Access to the Site and Client Obligations

The Client must ensure that the Company has clear, safe, and lawful access to the Site at the agreed time. This includes arranging entry through gates, communal areas, or security doors, and ensuring that any necessary permissions have been obtained from landlords, neighbours, or managing agents.

Where access depends on the Client being present, the Client must be available at the agreed time. If the Company is unable to gain access due to the Clients act or omission, the visit may be treated as a late cancellation and a charge may be applied in accordance with the cancellation policy.

The Client must inform the Company in advance of any known hazards or restrictions at the Site, including underground utilities, fragile surfaces, protected trees, or any relevant covenants or planning restrictions. The Client is responsible for obtaining any permissions, approvals, or consents required for the Services to be lawfully carried out.

Children and pets must be kept away from the working area while Services are in progress. The Client should not instruct the Companys staff or contractors to perform tasks outside the agreed scope or in a manner that compromises safety or compliance with applicable regulations.

5. Pricing and Payments

Prices may be based on an hourly rate, fixed project fee, or recurring service charge, as specified in the quotation or booking confirmation. Unless otherwise stated, prices are exclusive of waste disposal fees, specialist equipment hire, and the cost of plants, materials, or consumables.

The Company reserves the right to revise a quotation or pricing if the information originally provided by the Client was incomplete or inaccurate, or if the scope of work changes due to unforeseen conditions at the Site. Any such changes will be communicated to the Client before additional work is carried out.

Payment terms will be stated in the quotation or invoice. Unless otherwise agreed, payment is due immediately upon completion of the Services or, for ongoing maintenance, on the date specified in the recurring invoice. The Company may require a deposit or prepayment for larger works or for materials and plants ordered in advance.

If payment is not received by the due date, the Company may charge reasonable late payment fees and interest in accordance with applicable law, and may suspend or cancel further Services until all outstanding sums have been settled. The Client is responsible for all costs reasonably incurred in recovering overdue payments.

6. Cancellations and Rescheduling

The Client may cancel or reschedule a Booking by giving notice to the Company. To avoid cancellation charges, the Client should provide as much notice as possible, and no later than the minimum notice period stated in the booking confirmation or service agreement.

Where the Client cancels a Booking with insufficient notice, the Company may charge a reasonable fee to cover the cost of lost time, travel, and any materials or equipment that have been purchased or reserved specifically for the Booking. For larger projects, cancellation after a deposit has been paid may result in forfeiture of all or part of the deposit, depending on costs already incurred.

The Company may need to reschedule or cancel a Booking due to adverse weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. In such cases, the Company will offer an alternative date or, where appropriate, a refund of any prepayments for Services not yet carried out. The Company is not liable for any indirect loss or inconvenience resulting from such rescheduling or cancellation.

7. Waste, Green Waste, and Environmental Regulations

The handling and disposal of waste arising from the Services will be agreed with the Client in advance. Waste may include green waste such as grass cuttings, leaves, branches, and plant material, as well as soil, rubble, and non organic items.

Unless explicitly included in the quotation or service description, waste removal is not automatically part of the Services. Where waste removal is requested, additional charges may apply based on the volume, type, and disposal requirements of the waste. The Company will comply with relevant waste regulations and will use licensed facilities where required.

The Client may choose to retain green waste on Site, for example in compost areas or garden waste bins, provided this complies with local regulations and any property or tenancy rules. The Client is responsible for ensuring that any on site storage of waste does not breach regulations or cause nuisance to neighbours or the public.

The Company will not transport or dispose of hazardous or prohibited materials, including but not limited to asbestos, chemicals, oils, contaminated soil, or sharp and dangerous objects not reasonably associated with normal gardening work. If such materials are discovered, the Company may suspend the work and discuss appropriate options with the Client.

8. Health and Safety

The Company will take reasonable steps to perform the Services in a safe and professional manner, in accordance with applicable health and safety requirements. Staff will use appropriate tools, protective equipment, and working practices for the tasks being carried out.

The Client must not require or encourage the Company to undertake activities that are unsafe or not in compliance with health and safety regulations. This may include work at excessive heights without suitable equipment, use of unsafe electrical supplies, or operating machinery in dangerous conditions.

During the performance of the Services, certain areas of the Site may present hazards, for example due to the use of machinery, tools, or chemicals. The Client is responsible for keeping occupants, visitors, and pets away from the working area and for following any safety advice provided by the Company.

9. Quality of Service and Complaints

The Company aims to provide Services with reasonable care and skill. If the Client is dissatisfied with any aspect of the Services, they should raise the issue promptly, ideally within 48 hours of the visit or completion of the work, so that the Company has an opportunity to review and, where appropriate, address the concern.

Any remedial work will be at the Companys discretion and may involve returning to the Site to inspect the issue. The Company is not responsible for problems caused by factors outside its control, such as weather conditions, pests, disease, pre existing soil or drainage issues, or the Clients failure to follow aftercare instructions.

10. Liability

Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be limited or excluded.

Subject to the above, the Companys total liability for loss or damage arising out of or in connection with the Services, whether in contract, tort, or otherwise, is limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

The Company is not liable for any indirect, consequential, or economic loss, including loss of profit, loss of enjoyment, loss of use, or loss of opportunity. The Company is not responsible for damage to underground pipes, cables, or other services that were not reasonably identifiable or that the Client failed to disclose before work commenced.

The Client is responsible for protecting items on the Site that may be vulnerable to damage, such as ornaments, delicate fixtures, or non fixed garden features. The Client should remove or clearly identify such items before the Services begin. The Company will take reasonable care but does not accept liability for damage to items that are fragile, poorly installed, or unsuitable for normal gardening activities.

11. Plants, Lawns, and Natural Materials

Where the Company supplies plants, turf, or other living materials, their long term performance depends on factors such as weather, soil conditions, pests, and ongoing care. The Company cannot guarantee the lifespan, rate of growth, or specific appearance of plants or lawns beyond what is reasonable in normal conditions.

The Client is responsible for following any watering, feeding, and maintenance instructions provided by the Company. Failure to provide appropriate aftercare may void any informal assurances or non statutory guarantees relating to the condition of plants or turf after installation.

12. Intellectual Property

Any designs, planting schemes, or layout suggestions provided by the Company remain the intellectual property of the Company unless expressly assigned in writing. The Client may use such designs or plans only for the purpose originally agreed and may not reproduce, share, or commercially exploit them without the Companys permission.

13. Data Protection and Privacy

The Company will collect and use personal information about the Client only as necessary to manage Bookings, deliver Services, issue invoices, and handle communications. Personal data will be handled in accordance with applicable data protection laws and only retained for as long as is reasonably required for these purposes.

The Company may store basic details such as the Clients name, address, contact details, and service history. The Client has the right to request access to, correction of, or deletion of their personal data, subject to any legal obligations on the Company to retain certain records.

14. Amendments to these Terms

The Company may update these Terms and Conditions from time to time. The version in force at the time of the Booking will apply to that Booking. Updated terms may be provided to the Client or made available upon request.

15. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, or the Services provided by the Company, are governed by and construed in accordance with the laws of England and Wales.

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 their subject matter.

16. General Provisions

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be treated as deleted, but the remaining provisions shall continue in full force and effect.

No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall be construed as a waiver of that right or remedy, nor shall it prevent any future exercise of it.

The Client may not assign or transfer any of their rights or obligations under these Terms and Conditions without the Companys prior written consent. The Company may assign or subcontract any of its rights or obligations where this does not materially adversely affect the standard of the Services.

These Terms and Conditions, together with any quotation, booking confirmation, or written service agreement, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions or understandings.