Your Garden Is My Garden Terms and Conditions
1. Important Information Ahead
1.1 What these terms cover. These are the terms and conditions on which We supply Goods and Services to you.
1.2 Why you should read these. Please read these terms carefully before you submit your order to us. These terms tell you who We are, how We will provide Services to you, how you and We may change or end the contract.
1.3 What to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact Us to discuss.
2. Information about Us and how to contact Us
2.1 Who We are. We are Your Garden Is My Garden Ltd, a company registered in England and Wales. We provide professional gardening services, as well as sale of flowers, plants and other gardening materials.
2.2 How to contact Us. You can contact Us by calling us on 0207 459 4228, or by writing Us at firstname.lastname@example.org.
2.3 How We may contact you. If We have to contact you, We will do so by writing to you at the email address.
2.4 “Writing” includes electronic messaging. When We use the words “writing” or “written” in these terms, this includes emails or via text message.
2.5 “Order” means an order placed by you for Goods, One-off or Ongoing Services.
2.6 “Service” means providing gardening services.
2.7 “We”, “Us” and “Our” refers to Your Garden Is My Garden Ltd, and all other operations of the company.
3. Your rights to make changes
3.1 Changes to your Order. You have the right to make changes to either the Service or Product you have ordered, and you should contact Us where you wish to exercise this right. If you wish to make changes, we will let you know if the change is possible and, if it is, we will inform you about any changes to the price of the Products or Services as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4. Our rights to make changes
4.1 Changes to the Services. We may alter the Service to implement minor changes and improvements. These changes will not affect the quality of the services you have ordered. We will not be liable to you for the discontinuation or suspension of any service we offer.
4.2 Changes to the Price. We reserve the right to make any price changes to any of our listed goods or services. Where there is a price change that may affect your order, we will inform you of this change, giving you the opportunity to cancel or still proceed with the order.
5. Our contract with you
5.1 When We contact you to accept it, at which point a contract will come into existence between you and Us.
5.2 If We cannot accept your Order. If We are unable to accept your Order, We will inform you of this in writing and will not charge you for the Order. This might be because We have identified an error in the price or description of the Service, or where the Product you have ordered is no longer available.
6. Providing the services
6.1 The type of services we provide. The Services we provide could either be one-off services or ongoing services (that is, monthly or yearly subscription), depending on your preferences or what you order.
6.2 When We will provide the services. We will provide the service on the day you have booked for us to come to the premises and provide the gardening services.
6.3 Where the service is an ongoing subscription. We will provide you the services monthly, on the agreed number of visits to the premises. We will inform you of the details of your order and when the services will be provided through the course of the month.
6.4 Reason We may suspend the supply of Services to you. If the services are ongoing services, We may have to suspend the supply of the Service to you where you fail to pay our invoice within the required period.
6.5 When we may reschedule the Service. We may reschedule the service to a later date in the event that adverse weather conditions (such as rain, snow, hail etc) will prevent us from performing them on the date you have booked. We will always write or call to inform you of such changes and confirm the rescheduled date with you.
7. Providing the Goods
7.1 When We will provide the goods. We will deliver the goods to you after you have placed your order with us. We will write or call to inform you when the delivery will take place.
7.2 Product availability. All our products can be viewed on our website. We encourage you to read our Returns Policy for information on how you can return or exchange these goods.
7.3 Product may vary from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and varieties accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products as well as the natural differences that plants can present. Your product may vary from those images.
7.4 We may limit your order quantities. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. We may attempt to notify you by contacting the email or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
8. If there is a problem with the Service
8.1 How to tell Us about problems. If you have any questions or complaints about the Service, please contact Us.
You can call us on 0207 459 4228 write to Us at email@example.com.
9. Your Rights to End the Contract
9.1 Exercising your right to change your mind. For Goods that you purchase, you have a legal right to change your mind within 14 days and receive a refund. Your refund will be subject to the Goods being in the same condition that we sold them to you.
9.2 Cancelling ongoing services (subscription). You have the right to cancel your subscription at any time. You will still be charged the cost for the period we have provided the services, and for any scheduled services within the week of cancellation.
9.3 Cancelling a one-off service booking. You have to right to cancel a booking before the date on which it is to be provided.
We will only refund you if you cancel your booking at least 5 days before the date the service is to be performed.
10. Price and payment
10.1 Price for Goods. The price of the Goods (which doesn’t include VAT) will be the price indicated on the Order page when you placed your Order. We take all reasonable care to ensure that the price of the Goods advised to you is correct.
10.2 Price for Services. The price and payment for services depends on the type of service required.
These could be either small or large garden services.
For simple small gardening services, you are required to pay a 50% advance payment (if you purchase any goods, garden materials, plants etc.), and the remainder must be paid on the day the services are completed.
For one-off services which do not include goods, 100% payment must be made on the day the services are completed.
For our more technical larger gardening services, you are required to pay an 70% advance payment, and the remainder 30% must be paid on the day the services are completed.
10.3 When you order ongoing services. If you ordered ongoing services as a monthly subscription, we will grant you a 10% discount on your monthly subscription fee. Where your subscription is yearly, we will grant you a 15% discount on your yearly subscription fee.
10.4 When you must pay and how you must pay. If you are purchasing Goods, you are required to make full payment in advance.
We accept payment via Visa, Mastercard and Paypal. The full price to be paid will include the price of the Goods, and the cost of delivery.
10.5 If We are unable to charge you. Where We are unable to charge you, we will not dispatch or provide you with the goods.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong or We have charged you wrongly, please contact Us promptly to let Us know.
10.7 If you are overdue or make a late payment. In the event that you make a late payment, we will charge you a 5% annual interest for the late payment. A payment will become overdue or late if it remains unpaid after 7 days when it was meant to have been paid.
11. Our responsibility for loss or damage suffered by you
11.1 We are not liable for business losses. We only supply our goods or services for private use. If you wish to use these products for any commercial or business purposes, We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.2 We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are: as described and match information We provided to you supplied with reasonable skill and care.
11.3 How you handle your order details. We will take all reasonable care, within Our power, to keep the details of your Order and payment secure. Where there is no negligence on our part, We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or Order from our website.
11.4 Liability for minor errors. Any typographical, clerical or other mistake or omission on the website or in our quotations, price lists, acceptance of offers, invoices or other documents or details shall be subject to correction without Us being liability to you.
12. How We may use your personal information
By using Our website, you consent to such processing and you warrant that all data you have provided Us is accurate.
12.2 We have insurance cover. We have acquired insurance cover for clients’ personal information as added cover and guarantee of the safety of your personal information.
13. Force Majeure
13.1 You expressly understand and agree that We shall not be liable to you, or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of Our obligations in relation to the provision of the Services and/or sale Our platform if the delay or failure was due to acts of Force Majeure.
13.2 Force Majeure event means any circumstance not within Our reasonable control, without limitation:
(a) Act of God, explosion, flood, tempest, fire or accident, earthquake or natural disaster;
(b) Epidemic or pandemic;
(c) War or threat of war, terrorism, sabotage, insurrection, civil disturbance or requisition;
(d) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(e) Import or export regulations or embargoes;
(f) Strikes, lock-outs or other industrial actions or trade disputes (whether employees of Your Garden Is My Garden Ltd or of a third party);
(g) Difficulties in obtaining raw materials, labour, fuel, parts of machinery;
(h) Non-performance by suppliers or subcontractors;
(i) Power failure or breakdown in machinery; or
(j) Malfunction of the website.
14.1 Do Not Rely on Information on this Site. The content on our site is provided for general information only. Its not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update information to our site, we make no representation, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
14.2 Your use of the website may be interrupted. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You accept and agree that we may withdraw the service for indefinite periods or cancel at any time, without notice. You accept and agree that your use or inability to use the service is at your own risk. All products and services delivered to you are provided ‘as is’ and ‘as available’ for use, without warranties or conditions of any kind. Your Garden Is My Garden Ltd will not be liable for any injury, loss, or consequential damages. In states or jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages or liability will be limited to the maximum extent permitted by law.
15. Other important terms
15.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.2 You need Our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if We agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and Us. No other person shall any rights to enforce any of its terms.
15.4 You must use this site in an acceptable manner. You agree that you will not use this site in any way that jeopardies the value of the website. You also agree that you will not use any method of scraping, VPN’s or proxy, or web drivers.
15.5 Even if We delay in enforcing this contract, we can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you but We continue to provide the Service, We can still require you to make the payment at a later date.
15.6 Changes to these Terms. You can review the most current version of Our Terms and Conditions at any time on this website.
We encourage you to check our website at intervals to updates to these Terms.
15.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.