Company: Glosson Gardens Limited
Company registration number: 10826645
Registered office: Broadbridge Lodge, Broadbridge Lane, Smallfield, Surrey, RH6 9RF
Email: glossngardensltd@gmail.com
Telephone: 07854095598
These Terms and Conditions apply to landscaping, gardening, painting and decorating, maintenance, repair and associated services provided by Gloss ‘n’ Gardens Limited (“we”, “us”, “our”) to the customer (“you”, “your”).
By accepting our quotation, instructing us to carry out work, or allowing us to commence work, you agree to these Terms and Conditions.
1.1. We will provide a written quotation or estimate where appropriate. Unless otherwise stated, quotations are valid for 30 days from the date issued.
1.2. A quotation is based on the information, measurements, photographs and site conditions reasonably available to us at the time of preparation.
1.3. Unless expressly stated otherwise, quotations do not include unforeseen work, additional materials, specialist equipment, waste disposal, remedial work or other items that could not reasonably have been identified when the quotation was prepared.
1.4. Estimates are indicative only and may change where the actual work required differs from the information available when the estimate was provided.
1.5. Any changes or additions requested by you after acceptance of the quotation may result in additional charges. Where reasonably practicable, we will discuss the additional cost with you before carrying out the additional work.
1.6. Our quotation will identify whether prices include VAT. Where applicable, VAT will be charged at the prevailing rate.
2.1. A contract is formed when you accept our quotation in writing, electronically, verbally where appropriate, make a payment towards the work, or instruct us to commence work.
2.2. Our quotation, together with these Terms and Conditions, forms the agreement between you and Glosson Gardens Limited.
2.3. If there is a conflict between these Terms and Conditions and a specific written agreement or quotation, the specific written agreement or quotation will take precedence to the extent of the conflict.
3.1. We may require a deposit or advance payment before commencing work.
3.2. The required deposit will be stated on the quotation or invoice.
3.3. Deposits may be used towards the purchase of materials, plants, equipment, specialist services or other costs associated with the project.
3.4. Where a deposit is paid for a specific project, cancellation and refund rights will be subject to the terms of the contract and any applicable statutory consumer rights.
4.1. Unless otherwise agreed in writing, payment is due within 7 days of the invoice date.
4.2. For larger projects, we may require staged payments. The payment schedule will be stated in the quotation or agreed in writing.
4.3. Payment may be made by bank transfer or any other payment method we agree to accept.
4.4. We reserve the right to suspend or postpone work where an invoice remains unpaid after its due date.
4.5. For commercial customers, where payment is overdue, we reserve the right to charge interest and recover reasonable costs in accordance with applicable UK legislation and the terms agreed with the commercial customer.
4.6. You may not withhold payment for completed and undisputed work because of unrelated defects, snagging items or other matters that are reasonably capable of being addressed separately.
5.1. Landscaping services may include, where specified in the quotation:
5.2. Unless specifically included in the quotation, our services do not include structural engineering, architectural services, planning applications, building control applications, utility diversions, specialist arboricultural work, asbestos removal or other specialist services.
5.3. Where specialist work is required, we may recommend or engage an appropriately qualified third-party contractor, subject to agreement.
6.1. Painting and decorating work will be carried out in accordance with the agreed specification.
6.2. Unless specifically included, quotations do not necessarily include extensive preparation such as removal of multiple layers of wallpaper, major plaster repairs, extensive filling, treatment of damp, mould or structural defects.
6.3. We will use reasonable care when preparing surfaces. However, the final appearance of painted or decorated surfaces may be affected by the existing condition of the walls, ceilings, woodwork or other surfaces.
6.4. Where existing surfaces contain defects, cracks, damp, staining, movement or other underlying problems, these may remain visible after decoration or may reappear after completion.
6.5. We will advise you where we identify significant surface defects that may affect the finished result.
7.1. Unless otherwise agreed, we will select and purchase materials and products appropriate for the work.
7.2. We will make reasonable efforts to obtain the specified products. However, availability may affect the timing of a project.
7.3. Natural products, including plants, turf, timber, stone and other landscaping materials, may vary in colour, size, texture and appearance.
7.4. Where you supply materials, plants, paint or other products, you are responsible for ensuring that they are suitable and sufficient for the intended work.
7.5. We are not responsible for defects, failures or unsatisfactory results caused by unsuitable or defective customer-supplied materials.
7.6. We may refuse to use a product supplied by you if we reasonably believe it is unsuitable, unsafe or likely to result in an unsatisfactory finish.
8.1. Landscaping work can uncover hidden conditions, including buried concrete, rubble, roots, drainage issues, cables, pipes, poor ground conditions, contaminated soil or other obstructions.
8.2. Painting and decorating work can reveal hidden damage, damp, mould, poor previous workmanship, loose plaster or other defects.
8.3. Where unforeseen conditions materially increase the work required, we will notify you where reasonably practicable and agree any additional cost before proceeding.
8.4. Where immediate action is reasonably necessary to prevent damage or make the site safe, we may take appropriate steps and subsequently discuss the additional work and associated costs with you.
9.1. You must provide us with reasonable access to the property and areas where work is to be carried out.
9.2. You must provide access to suitable water and electricity supplies where reasonably required for the work, unless otherwise agreed.
9.3. You must inform us of any known hazards, restrictions, access issues, underground services, private drainage, septic tanks, irrigation systems or other conditions that may affect the work.
9.4. You are responsible for obtaining any permissions required from landlords, freeholders, management companies, neighbours or other relevant parties unless expressly agreed otherwise.
9.5. You should remove or protect valuable, fragile or personal possessions from work areas before we commence.
10.1. Landscaping, painting and decorating work may be affected by weather and site conditions.
10.2. We may postpone or temporarily suspend work where weather conditions make it unsafe or where proceeding would materially affect the quality of the work.
10.3. We will endeavour to minimise delays and rearrange work as soon as reasonably practicable.
10.4. We are not responsible for delays caused by severe or unsuitable weather conditions, provided we act reasonably in managing the delay.
11.1. Plants and turf are living or natural products and require appropriate care after installation.
11.2. Unless expressly agreed otherwise, the customer is responsible for watering, feeding, mowing and general aftercare following completion.
11.3. We cannot guarantee the survival or establishment of plants or turf where their condition is affected by weather, drought, frost, pests, disease, soil conditions, lack of watering, animal damage or inadequate aftercare.
11.4. Any plant or turf warranty will only apply where specifically stated in writing.
12.1. Where waste removal is included in the quotation, we will remove and dispose of reasonable quantities of waste arising directly from the agreed works.
12.2. Additional waste or materials not reasonably anticipated when the quotation was prepared may incur an additional charge.
12.3. Hazardous waste, asbestos, chemicals and other specialist waste are excluded unless expressly agreed in writing.
13.1. Timber is a natural material and may crack, shrink, warp, split or change colour as it weathers.
13.2. Such natural movement does not necessarily constitute defective workmanship.
13.3. External materials may weather or change appearance due to exposure to sunlight, rain, frost, temperature changes and general environmental conditions.
13.4. We will use reasonable care and appropriate materials for the intended application but cannot guarantee that natural materials will remain unchanged.
14.1. We will carry out services with reasonable care and skill and in accordance with applicable legal requirements.
14.2. We will use reasonable endeavours to complete work to the standard agreed in the quotation.
14.3. Minor variations in colour, texture, alignment or finish may occur, particularly with natural materials and existing surfaces.
14.4. If you believe there is a defect in our workmanship, you should notify us as soon as reasonably possible and give us a reasonable opportunity to inspect and, where appropriate, rectify the issue.
15.1. On completion, you should inspect the work and notify us of any reasonable snagging items.
15.2. We will consider genuine defects or incomplete items and, where appropriate, arrange a reasonable opportunity to rectify them.
15.3. We will not be responsible for defects caused by misuse, neglect, third-party interference, alterations carried out by others, normal wear and tear, environmental conditions or matters outside our control.
16.1. Unless otherwise stated in writing, our workmanship is covered by a 12-month workmanship guarantee from the date of completion.
16.2. This guarantee applies only to defects directly attributable to our workmanship.
16.3. The guarantee does not cover:
16.4. Where a manufacturer’s warranty applies to a material or product, that warranty may be dealt with directly by the manufacturer where appropriate.
17.1. Where you are a consumer, you may have statutory cancellation rights under UK consumer protection legislation, particularly where the contract is agreed away from our business premises or online/by telephone. However, any cancellations made within 7 days of the agreed start date may result in a cancellation fee of up to £500.00.
17.2. Where applicable, cancellation rights and any applicable cancellation period will be explained to you when the contract is formed.
17.3. If you request that work begins during an applicable cancellation period, you may be required to pay for services properly supplied up to the point of cancellation, subject to your statutory rights.
17.4. Where work is specifically made to your requirements or otherwise falls within an applicable statutory exception, cancellation rights may be limited. We will comply with applicable consumer legislation.
17.5. Nothing in these Terms and Conditions is intended to exclude or restrict any statutory consumer rights.
18.1. We reserve the right to cancel or terminate a project where:
18.2. Where we cancel for reasons attributable to us, we will deal with any refund due in accordance with the contract and applicable law.
19.1. We will make reasonable efforts to complete work within any estimated timeframe provided.
19.2. Unless a completion date is expressly agreed in writing, any dates or timescales provided are estimates.
19.3. We will not be liable for delays caused by circumstances outside our reasonable control, including severe weather, supplier delays, shortages, illness, accidents, utility issues, hidden site conditions, industrial action or delays caused by other contractors.
20.1. We will take reasonable care to prevent damage to your property while carrying out the work.
20.2. You acknowledge that landscaping, construction, painting and decorating work can involve reasonable risks of minor disturbance or damage to existing surfaces, lawns, plants, paths, driveways and other areas.
20.3. We will not be responsible for pre-existing defects or damage that was not caused by us.
20.4. If we cause damage through our negligence or failure to exercise reasonable care, we will consider appropriate remedial action in accordance with our legal obligations and insurance arrangements.
21.1. You are responsible for informing us of any known underground pipes, cables, drainage, irrigation systems, septic systems or other services.
21.2. Where appropriate, we may request plans, surveys or other information before excavation or groundworks commence.
21.3. We will take reasonable care when carrying out excavation, but we cannot accept responsibility for damage to concealed services that could not reasonably have been identified from information provided to us or available at the site.
22.1. We reserve the right to stop work if we reasonably believe that conditions are unsafe.
22.2. Customers and other persons must not interfere with tools, machinery, equipment or materials while work is being carried out.
22.3. Children and pets should be kept away from active work areas.
22.4. Where necessary, we may require access to be restricted until an area is safe to use.
23.1. We may use suitably qualified subcontractors or specialist contractors where necessary to complete a project.
23.2. We remain responsible for managing the agreed scope of our services, subject to the terms of the contract.
23.3. Specialist services outside our normal scope may be subject to separate terms and conditions.
24.1. These Terms and Conditions also apply to commercial customers unless alternative written terms have been agreed.
24.2. Commercial customers must provide suitable access, site information and any relevant health and safety information required for the work.
24.3. Commercial customers are responsible for ensuring that the site is available for the agreed works at the scheduled time.
24.4. Where the commercial customer causes delays or additional visits, we reserve the right to charge reasonable additional costs.
25.1. We may take photographs of completed work for our records, portfolio and marketing purposes.
25.2. We will not knowingly publish photographs that identify you personally or disclose private information without appropriate permission.
25.3. If you do not want photographs of your property or completed work to be used for marketing purposes, please notify us in writing before work commences.
26.1. Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so.
26.2. We will not be liable for indirect or consequential loss to the extent permitted by law.
26.3. For consumers, nothing in these Terms and Conditions affects your statutory rights.
26.4. For commercial customers, our liability will be subject to any limitations expressly agreed in writing and permitted by applicable law.
27.1. We aim to resolve any concerns quickly and fairly.
27.2. If you have a complaint, please contact us in writing as soon as reasonably possible, providing details of the issue and any relevant photographs or information.
27.3. We will investigate the complaint and, where appropriate, arrange an inspection or remedial work.
27.4. We ask that you give us a reasonable opportunity to resolve any genuine issue before arranging for another contractor to carry out remedial work, except where immediate action is reasonably necessary to prevent further damage or ensure safety.
28.1. We will process personal information in accordance with applicable UK data protection legislation.
28.2. Personal information may be used for purposes including providing quotations, arranging and carrying out work, invoicing, customer communication and maintaining business records.
28.3. We will not sell customer personal information to third parties.
29.1. We will not be liable for failure or delay in performing our obligations where this results from circumstances beyond our reasonable control.
29.2. Such circumstances may include extreme weather, flooding, fire, accident, epidemic or pandemic, government restrictions, supplier failure, shortages, utility failures, industrial disputes or other events outside our reasonable control.
30.1. We may update these Terms and Conditions from time to time.
30.2. The Terms and Conditions applicable to your project will normally be those provided to you at the time your contract is formed.
31.1. These Terms and Conditions are governed by the laws of England and Wales.
31.2. Any dispute will be subject to the jurisdiction of the courts of England and Wales, subject to any applicable consumer rights regarding jurisdiction.
Nothing in these Terms and Conditions is intended to remove, restrict or reduce any rights or remedies that you may have under applicable UK law.
Where you are a consumer, your statutory rights remain unaffected.
By accepting a quotation or instructing Gloss ‘n’ Gardens Limited to commence work, you confirm that you have had the opportunity to read and understand these Terms and Conditions and agree to be bound by them.
