1. About us
These terms apply to gardening services supplied by All Eden Garden Care Ltd, company number 17124717, whose registered office is 109 Oxenden Road, Tongham, GU10 1AR.
All Eden Garden Care Ltd is referred to in these terms as ‘we’, ‘us’ or ‘our’. The person purchasing the services is referred to as ‘you’ or ‘the customer’.
We are not currently registered for VAT. No VAT will be added to our prices unless we notify you otherwise.
2. The agreement
Your agreement with us consists of:
your accepted quotation;
any accompanying work specification or service schedule;
these terms and conditions; and
any subsequent changes agreed between us in writing.
The quotation and specification will describe the work included. Work outside that description is additional work and may involve an additional charge. We will agree the additional work and its price with you before carrying it out.
You accept the agreement by selecting the Accept button on our electronic quotation. The date of acceptance is the date the contract begins, unless the quotation states otherwise.
3. Quotations and prices
Unless stated otherwise, a quotation remains valid for 60 days from its issue date.
Our quotation will state whether you will be invoiced for work actually completed or will pay an agreed regular monthly amount for an ongoing maintenance programme.
A regular monthly charge pays for the overall maintenance programme rather than an exact number of visits in each calendar month. For a programme expected to include approximately 42 annual visits, the actual number may vary, commonly between 40 and 44, because of weather, seasonal requirements and calendar patterns. The monthly amount will not normally be recalculated because of these minor variations.
We may change the price of an ongoing service by giving you at least one month’s written notice. If you do not wish to accept the new price, you may give notice to end the service before the new price takes effect.
4. Visits and scheduling
Regular visit dates and arrival times are approximate. We may change them because of weather, seasonal workload, traffic, staff availability, equipment problems or other reasonable operational circumstances.
Where weather or another unavoidable circumstance prevents a visit, we will adjust the maintenance schedule and complete the visit later where reasonably practicable. The postponed visit is not automatically treated as cancelled or deducted from a regular monthly charge.
You must provide at least 48 hours notice if you wish to cancel or rearrange an individual visit. If insufficient notice is provided, we may charge for the scheduled visit.
If we attend but cannot work because of a customer-controlled access problem, including a locked gate, an obstructing vehicle or an unsecured animal, we may charge for the scheduled visit.
5. Your responsibilities
You must take reasonable steps to provide a safe and accessible working environment. Before each visit, you must:
provide any keys, codes or access instructions needed to enter the working area;
secure pets and other animals;
remove animal waste, toys, furniture, cables and fragile or valuable items from areas where we will work;
tell us about known hazards, including hidden or underground cables, irrigation systems, pipes, unstable structures, unsafe surfaces and concealed objects; and
ensure that we can access the garden without entering your home, unless another arrangement has been agreed.
We may suspend or stop work if we reasonably consider the conditions unsafe. We will explain the reason and, where appropriate, discuss what must be done before work resumes.
Where reasonably required, we may use outdoor water and electricity supplies available at the property. We will not enter your home to access these supplies unless you have expressly agreed to this.
6. Keys and access information
If you provide us with a key, access code or other security information for regular visits, we will:
keep it reasonably secure;
use it only to provide the agreed services; and
return or securely dispose of it when the agreement ends, as you instruct.
You must tell us promptly if an access code changes or if a key no longer works.
7. Waste and arisings
Where the quotation includes removal of all arisings, this means the garden waste produced directly by us while carrying out the agreed work.
It does not include:
waste already at the property before we begin;
household or building waste;
soil, rubble or hazardous material;
waste produced by the customer or another contractor; or
unusually large volumes resulting from work outside the agreed specification.
We may provide a separate quotation for removing excluded waste.
8. Materials and special orders
Plants, soil, treatments, fencing materials and other goods will be charged as described in the quotation.
We will obtain your approval before purchasing additional materials that are not included in the agreed price.
We may require full payment in advance for specially made, specially ordered or non-returnable materials. Deposits may also be required where stated in the quotation.
9. Treatments and unforeseen conditions
Where treatments form part of the agreed work, we may use legally authorised weedkillers and other products in accordance with their labels and applicable regulations.
You must tell us before treatment if you are aware of any circumstance that could affect its safe use, including sensitive planting, ponds, animals or restrictions affecting the property.
If we discover hidden roots, buried rubble, unsuitable ground, concealed services or another condition that could not reasonably have been identified beforehand, we may pause the affected work. We will explain the issue and agree any necessary change to the work or price with you before continuing.
10. Payment and invoices
The price or method used to calculate the price will be stated in the quotation.
We will issue invoices at appropriate intervals according to the work and the payment arrangement agreed with you.
Invoices must be paid by bank transfer within 14 days of the invoice date. Our payment details will appear on the invoice.
If an invoice becomes overdue, we will contact you and allow a reasonable opportunity to make payment or raise a genuine query. We may suspend future visits after notifying you that payment remains overdue.
Suspending visits does not cancel an outstanding invoice or prevent payment becoming due for work already completed or materials already supplied.
11. Providing the services
We will perform the services with reasonable care and skill and in accordance with the accepted quotation and specification.
We may use suitable employees or subcontractors to perform the work. All Eden Garden Care Ltd remains responsible for providing the agreed service.
We are not responsible for damage caused by:
an existing defect;
decay, weakness or instability;
incorrectly installed garden features;
concealed objects or services that you did not disclose; or
another condition that we could not reasonably have identified before starting work.
Nothing in these terms excludes or restricts liability where doing so would be unlawful or affects your statutory consumer rights.
12. Photographs and complaints
We may take reasonable before-and-after photographs to record the condition of the site and the work performed. These photographs will be retained and used for legitimate business records.
We will obtain separate permission before using an identifiable photograph of your property for advertising, our website or social media.
If you have a concern about our work, please contact us as soon as reasonably possible, preferably within seven days, so that we can inspect the area and try to resolve the matter promptly.
The seven-day request does not reduce or replace your statutory rights. Where the law entitles you to repeat performance, a price reduction or another remedy, those rights continue to apply.
13. Your right to cancel during the cooling-off period
If you accept the agreement online, by telephone or away from our business premises, you will normally have the legal right to cancel it within 14 days without giving a reason.
The cancellation period begins on the day after the contract is agreed.
You may cancel by contacting us with a clear statement that you wish to cancel. You do not have to use any particular wording.
If you want us to begin work during the 14-day cancellation period, you must expressly request this when accepting the quotation.
If you then cancel before the service has been completed, you must pay a reasonable amount for the work provided up to the time you informed us of the cancellation.
For a one-off service completed in full during the cancellation period, your right to cancel will end once the service has been completed only if you:
expressly requested that the work begin during the cancellation period; and
acknowledged that you would lose the right to cancel once the service had been completed in full.
Your statutory cancellation rights are not affected by any other cancellation provision in these terms.
14. Ending regular garden maintenance
Either you or we may end an ongoing regular maintenance arrangement by giving at least one month’s notice.
Unless otherwise agreed, services and payments will continue during the notice period. You must pay for work completed and materials supplied up to the end of the agreement.
We may suspend services or end the agreement without giving one month’s notice where there is a serious reason, including:
abusive, threatening or inappropriate behaviour;
unsafe working conditions;
repeated failure to provide access;
persistent non-payment; or
another serious breach of the agreement.
Where reasonably possible, we will explain the problem and give you an opportunity to resolve it before ending the agreement. Immediate suspension or termination may be necessary where safety or serious misconduct is involved.
15. Cancelling one-off work
After any applicable 14-day cooling-off period has ended, you may ask to cancel one-off work by contacting us.
If you cancel, you must pay for:
work already completed;
materials already supplied;
specially ordered or non-returnable materials that we are committed to purchasing; and
any other reasonable and direct loss caused by the cancellation.
We will take reasonable steps to reduce avoidable losses. Any cancellation charge will reflect our genuine loss and will not be imposed as a penalty.
Any deposit or advance payment will be credited against the amount due. If the advance payment exceeds the amount properly payable, we will refund the balance.
16. Events outside our reasonable control
We are not responsible for delays or failure to perform caused by events outside our reasonable control. These may include severe weather, unsafe ground conditions, fire, flood, restrictions imposed by public authorities, serious illness, disruption to essential supplies or widespread transport disruption.
We will contact you as soon as reasonably practicable and take reasonable steps to minimise the effect on the service.
For regular garden maintenance, we will normally adjust the schedule and complete affected visits later where reasonably practicable.
If a delay becomes substantial and the service can no longer reasonably be provided, either party may end the affected work. You will only be charged for work completed and materials supplied or reasonably committed before cancellation.
17. Changes to the agreement
Any requested change to the agreed work, specification or price must be agreed between us.
We may record an agreed change by email, quotation amendment, written message or another durable written form. The change will then form part of the agreement.
A delay in enforcing any provision of these terms does not mean that either party has given up the right to enforce it later. If any provision is found to be invalid or unenforceable, the remaining provisions will continue to apply.
18. Contact and notices
We may contact you using the postal address, email address or telephone number you provide.
You must tell us if your contact details or relevant access information changes.
Any notice to end regular maintenance or cancel one-off work should be sent by email, written message or post. A notice takes effect when it is received.
Our current contact details will be shown on the quotation and invoice.
19. Your legal rights
We will provide the services with reasonable care and skill and within the time agreed or, where no time has been agreed, within a reasonable time.
Nothing in these terms excludes or restricts:
your statutory rights as a consumer;
liability for death or personal injury caused by negligence;
liability for fraud or fraudulent misrepresentation; or
any other liability that cannot legally be excluded or restricted.
Information about consumer rights is available from Citizens Advice.
20. Governing law
These terms and the agreement between us are governed by the law of England and Wales.
You may bring legal proceedings in the courts of the part of the United Kingdom where you live. If you live in England or Wales, the courts of England and Wales will have jurisdiction.