Terms&Conditions
Terms and conditions
Please read all these terms and conditions (“Terms”).
1 General
1.1 By using our Website, you confirm that you accept these Terms and that you agree to comply with them.
1.2 By ordering our Services you accept that delivery of these Services will be subject to these Terms which are also referred to in any Quote that you will receive from us.
1.3 If you do not agree to these Terms, you must not order Services or use our Website.
1.4 Our Website is made available free of charge and we do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
1.5 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
1.6 Our Website is directed to people residing in England. We do not represent that content available on or through our Website is appropriate for use or available in other locations.
1.7 We recommend that you print a copy of these Terms for future reference.
1.8 We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
2 Application
2.1 These Terms will apply to your use of our Website in general and to the purchase of the Services and Materials by you (the “Customer” or “you”). We are Londonersgarden a company registered in England and Wales with registration number 8291390 whose registered office is at 30-34 Groton Road, Earsfield, London, SW18 4EP with email address contact@londonersgarden.co.uk telephone number 07845731368 ; (“ Londonersgarden” or “us” or “we”).
2.2 These are the terms on which we sell all Services to you. By requesting any of our Services, you agree to be bound by these Terms. You can only purchase the Services and Materials from us if you are eligible to enter into a contract and are at least 18 years old.
3 Definitions
Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services, the provision of which are contained in the Quote and these Terms;
Delivery Location means your home or premises or other location where the Services are to be supplied, as set out in the Quote;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Materials means any Materials that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
Quote means an offer to supply Services and Materials to you in writing subject to these Terms;
Services means the services advertised on the Website, including any Materials, of the number and description set out in the Order;
Website means our website contact@londonersgarden.co.uk on which the Services are advertised.
4 Services
4.1 Our range of Services is detailed here. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Services supplied.
4.2 In the case of Services and any Materials made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
4.3 All Services which appear on the Website are subject to availability.
4.4 We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
5 Customer responsibilities
5.1 You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
5.2 Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
5.3 You must consult with your neighbours about the Services that you are being provided and gain consent before ordering the Services. This includes sharing details of the proposed height and style of fences and walls as well as respecting any legal property boundaries.
5.4 It is your sole responsibility to inform us of:
• Any legal obligations or permission that may be relevant to carrying out the services including but not limited to bylaws and planning permission if required; and
• Any underground or covered (pipes, wires or other infrastructure) which we might come across whilst performing the Services.
5.5 If you have not informed us of any of the considerations mentioned in Clause 5.4 above prior to commencement of delivery of the Services, we accept no responsibility for any issues that may arise due to either contraventions of planning or other legal obligations or damage to underground or otherwise hidden infrastructure.
6 Personal information
6.1 We retain and use all information strictly under the Privacy Policy.
6.2 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
7 Basis of Sale
7.1 Once you contact us for a Quote via phone or e-mail we will endeavour to get back to you with a Quote within 5 Business Days.
7.2 The description of the Services on our Website does not constitute a contractual offer to sell the Services. When we send you a Quote, should you accept it, a Contract will be formed for the Services ordered which will be governed by these Terms. Therefore, you must ensure that the Quote is complete and accurate and inform us immediately of any errors prior to acceptance so that we can revise the Quote accordingly. Once you accept the Quote it cannot be changed unless by agreement in writing between us and any such changes will incur extra fees as follows:
• should you wish to make a change to the Services requested and outlined in the agreed Quote, the fee is £150 plus VAT; and/or
• should you make changes to the Materials agreed upon to incorporate into the Services, there is a fee of £100 plus VAT.
7.3 Any Quote is valid for a maximum period of 30 calendar days from its date, unless we expressly withdraw it at an earlier time.
7.4 No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
8 Fees and Payment
8.1 The fees (Fees) for the Services, the price of any Materials (if not included in the Fees) and any additional delivery or other charges is that set out on the Website or in the Quote at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
8.2 If you wish to add to the Services as outlined in the Quote, then this
will be chargeable.
8.3 If you wish to add to the Services as outlined in the Quote or if any information provided by you prior to the issuance of the Quote is incorrect leading to an increase in the magnitude of the Services required, for example if the measurements given for the garden are too small, then any extra labour and materials will be noted and
charged to you as follows:
• Extra Materials starting at £150; and
• Labour at £40 per hour per contractor.
8.4 Fees and charges exclude VAT at the rate applicable at the time of the Order.
8.5 In respect of Services that are quoted as longer than 5 days, payment must be scheduled in a minimum of two tranches. In such cases we will organise a payment plan with you prior to the commencement of delivery of the Services which will be agreed in the Quote.
8.6 Where the Services are not completed in the agreed time frame but 90% or more of the Services are complete, you shall be entitled to hold back 10% of the fees until completion of the agreed Services has taken place.
8.7 Payment for the Services must be made in full within the longer of 7 days or 5 Business Days of completion of the Services.
8.8 If payment has not been made in full after 5 Business Days following completion of the Services and there is no dispute over the delivery of the Services by us, we charge interest at a rate of 8% per day until the payment is made in full.
8.9 All payments must be made via BACS transfer to our bank account as follows:
Bank name: Barclays Bank PLC
Account name: Blueteam ltd
Account number: 73396762
Sort code: 20-90-74
9 Delivery
9.1 We will deliver the Services, including any Materials, to the Delivery Location by the time or within the agreed period or, failing any agreement within a reasonable time.
9.2 In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can (in addition to any other remedies) treat the Contract at an end if:
• we have refused to deliver the Services, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
• after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
10 Risk and Title
10.1 Risk of damage to, or loss of, any Materials will pass to you when the Materials are delivered to you.
10.2 You do not own the Materials until we have received payment for the Services in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Materials still owned by you, in which case you must return them or allow us to collect them.
11 Withdrawal and cancellation
11.1 You may withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
11.2 You may also cancel your order for the Services no less than 48 hours prior to the planned commencement date of the Services without any liability subject to our purchase of Materials which is non-refundable.
11.3 Cancellation with less than 2 weeks’ notice prior to the planned commencement date of the Services will incur a cancellation fee of 50% of the Services plus the cost of Materials already incurred by us.
11.4 To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by email to contact@londonersgarden.co.uk We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
12 Guarantee of Services
12.1 Subject to your compliance with your maintenance obligations below and PROVIDED THAT we have supplied the Material used in delivering the Services, we offer a 2 years quality guarantee on the Services.
12.2 Our guarantee does not cover Materials. Where Materials are covered by their own retail or manufacturer’s warranty we shall pass this same warranty on to you and will provide you with details of any warranties upon request.
12.3 In addition to the guarantee, we will provide the following after-sales service: In the event that there are any problems with the services resulting from our execution of the installation within 30 days of said installation, we will visit your premises to rectify any issues.
12.4 For the avoidance of doubt you will not be able to benefit from our guarantee if:
• you have failed to comply with the maintenance provisions of these terms or any instructions or guidance given by us in relation to the Services, whether such instructions or guidance were provided verbally or in writing;
• the installations have been modified or tampered with by anyone other than us;
• the installations have been misused or neglected;
• the defects or faults you seek to rectify are due to normal wear and tear;
• the defects or faults you seek to rectify are caused by an act of God, including but not limited to, lightning, storms, flooding or high winds; and
• the defects or faults that you seek to rectify have been caused by pre-existing issues with your property including but not limited to termites, Japanese Knotweed or Ivy.
Maintenance requirements
Item Your obligations
Decking
Softwood: Cleaned and varnished at least once every 12 months following installation
Hardwood: Cleaned and oiled at least once every 12 months following installation
Composite: Cleaned at least once every 12 months following installation
Paving
Tiles/Porcelain/other stone: Cleaned by a power washer at least once every 12 months following installation
Fake Grass
Cleaned and brushed at least twice every 12 months following installation
Lawn turfing
Watered every day for first three weeks following installation
Aerated fed and seeded every 6 months following installation (autumn and spring)
Mowed once per week or maximum every other week from March- October
Water daily in dry conditions
Irrigation
After installation system must be checked once a week or once every 2 weeks.
Check must include the battery life and using manual setting.
Timer must be removed from the main tap and kept it inside the property between October -April (or in cold temperatures).
13 Duration, termination and suspension
13.1 The Contract shall commence when you accept the Quote and shall continue as long as it takes us to perform the Services.
13.2 Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
• commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
• is subject to any step towards its bankruptcy or liquidation.
13.3 On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
14 Circumstances beyond the control of either party
14.1 In the event of any failure by us to complete the Services due to something beyond our reasonable control:
• we will advise you as soon as reasonably practicable; and
• our obligations will be suspended so far as is reasonable, PROVIDED THAT we will act reasonably, and the we will not be liable for any failure which we could not reasonably avoid.
15 Intellectual Property
15.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.2 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
15.3 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
16 Reliance on our Website
16.1 The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
16.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
16.3 Where our Website contains links to other sites and resources provided by third – parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them as we have no control over the contents of those sites or resources.
17 Prohibited use
17.1 You may not use the Website for any of the following purposes:
• in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
• in any unlawful or fraudulent manner;
• to transmit, or to procure the transmission of any unsolicited marketing materials to us;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
• to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
• making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
18 Links to other websites
18.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.
18.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
18.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
19 Linking to our Website
19.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
19.2 However, you must not:
• establish a link in such a way as to suggest any form of association, approval or endorsement by Gardening Indeed, unless otherwise approved by us;
• establish a link to our Website in any website that you do not own;
• frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
• link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
19.3 We reserve the right to withdraw linking permission without notice.
20 Privacy
20.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
20.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy (TBC).
20.3 For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
20.4 We are a Data Controller of the Personal Data we Process in providing the Services and Materials to you.
20.5 Where you supply Personal Data to us so we can provide Services and Materials to you, and we Process that Personal Data in the course of providing the Services and Materials to you, we will comply with our obligations imposed by the Data Protection Laws:
• before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
• we will only Process Personal Data for the purposes identified;
• we will respect your rights in relation to your Personal Data; and
• we will implement technical and organisational measures to ensure your Personal Data is secure.
20.6 For any enquiries or complaints regarding data privacy, you can contact director at the following e-mail address: contact@londonersgarden.co.uk.
21 Limitation of liability
21.1 Subject to Paragraph 21.2 below, we shall only be liable for rectification or a refund for the Services carried out and our liability shall be capped at the total amount paid by you under the Contract.
21.2 We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) consequential loss (for example loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer – because we believe you are not buying the Services and Materials wholly or mainly for your business, trade, craft or profession
22 Governing law, jurisdiction and complaints
22.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
22.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
22.3 We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days.