Terms and Conditions
Trader: Great Garden Partnership (“Great Garden”, “we”, “us”, “our”)
Place of business: Unit 5, Icknield Farm, Icknield Road, Ipsden, OX10 6AS
Contact: frank@greatgarden.co.uk | 01491 200 668
Service area: South Oxfordshire and West Berkshire
TrustMark registration: Licence Number 3734928
Part A – Pre‑contract information (Consumer Contracts Regulations 2013, Schedule 2)
A1. Main characteristics of the services
Gardening, landscaping and design services, including but not limited to: garden clearance; soft landscaping (soil preparation, turfing, planting); hard landscaping (foundations, paving, edging, fencing, timber works); supply and installation of garden structures, aggregates and soils; routine garden maintenance; and associated materials and plant hire. Full details are shown in our quotation.
A2. Price / method of calculation
Prices are as set out in our written quotation. Where an element cannot be precisely priced at quotation (e.g., measured works, third‑party charges), we state the pricing mechanism (e.g., per hour, per m³/tonne, or supplier invoice plus agreed uplift). VAT is shown where applicable.
A3. Additional charges
Additional charges may apply for variations you request, unforeseen conditions (see Clause 7), licensed waste disposal beyond that stated in the quotation, parking and permits, and extended hire of plant caused by circumstances outside our control. We will notify you and agree any variation before incurring chargeable work wherever reasonably possible.
A4. Payment arrangements
A deposit (if stated in the quotation or deposit invoice) is payable on acceptance or no later than 14 days before the planned start date. Longer projects may include staged invoices (e.g., mobilisation, interim valuations, practical completion). Balances are due within 14 days of invoice unless otherwise agreed in writing.
A5. Performance / delivery
Start date and duration are estimates. We will use reasonable endeavours to meet them. Time may be extended for events beyond our reasonable control (e.g., severe weather, supply chain disruption, discovery of utilities/asbestos) – see Clause 9.
A6. Complaint handling and ADR
Please contact Frank Sutory MCIHort at the address/email above. If we cannot resolve your complaint, we will send a final response with details of how to refer your case to our approved Alternative Dispute Resolution (ADR) provider, the Dispute Resolution Ombudsman (DRO). As we are TrustMark‑registered (Licence Number 3734928), we agree to use DRO for eligible disputes. You are not prevented from issuing court proceedings.
A7. Right to cancel (distance/off‑premises contracts)
If this contract is concluded off‑premises (e.g., at your home) or at a distance (e.g., by email/phone), you have a legal right to cancel within 14 days of accepting our quotation. To cancel, please use the Model Cancellation Form in Part D or tell us clearly by email or post. If you ask us to start work during the 14‑day period, you will pay for services and materials actually supplied up to the point you cancel. Once the services are fully performed within the 14 days, the right to cancel is lost. (If the contract is concluded entirely on our business premises, this statutory cooling‑off right does not apply.)
A8. Duration of the contract
The contract runs until the services are completed and paid for, unless ended earlier under Clause 10.
A9. After‑sales service and guarantees
Statutory rights apply (see Clause 13). Any additional guarantees are only those expressly stated in our quotation or in Clause 11 (plants).
A10. Data protection
We process your personal data to provide quotations, fulfil the contract, and manage billing/records. See our Privacy Notice at https://www.greatgarden.co.uk/privacy for details of purposes, lawful bases, retention, your rights and how to contact us.
Part B – Terms & Conditions
1. Application and definitions
1.1 These terms apply to the supply of the goods and services detailed in our quotation (the Services) by Great Garden Partnership to you as a consumer (an individual acting wholly or mainly outside your trade, business, craft or profession). If you are not a consumer, please tell us so we can provide appropriate terms.
1.2 No other terms apply unless agreed in writing. Headings are for convenience only. Words in the singular include the plural and vice versa.
2. Quotations and formation
2.1 Our written quotation is a contractual offer to provide the Services described.
2.2 Your written acceptance within 60 days (unless we withdraw it earlier) creates a binding contract incorporating these terms.
2.3 If we withdraw or you do not accept within that period, no contract arises.
3. Standards and scope of Services
3.1 We will exercise reasonable care and skill and follow relevant industry codes of practice including the Association of Professional Landscapers (APL) Code of Conduct, where applicable.
3.2 Drawings, images and samples are illustrative only unless expressly stated as to scale/specification.
3.3 Unless stated, planning permission, building control, party wall matters and restrictive covenants remain your responsibility. We can assist separately if requested.
4. Your responsibilities (access and information)
4.1 Provide safe and reasonable access, electricity/water where required, and any information/consents needed for us to perform the Services.
4.2 You will tell us about any known underground services, site hazards, protected trees (TPOs) or ecological constraints.
4.3 Where you supply materials, you warrant they are suitable and compliant; delays or defects arising from them are at your risk.
5. Variations and unforeseen conditions
5.1 You may request changes in writing. We will price and agree any change before proceeding where reasonably possible.
5.2 If we discover conditions not reasonably visible or anticipated at quotation (e.g., buried concrete/structures, excessive roots, contaminated or hazardous materials including suspected asbestos, utility conflicts, adverse ground conditions), we will notify you. We will pause the affected work and agree a variation for time and price before proceeding.
5.3 If supplier prices materially increase beyond our control before purchase, we may propose a price adjustment on an open‑book basis (evidence available). If the net contract price would increase by more than 10%, you may cancel the affected element without charge.
6. Price, deposits and additional costs
6.1 You will pay the price stated in our quotation for the Services and materials.
6.2 A deposit (if stated) is payable on acceptance or no later than 14 days before the planned start. If not paid, we may postpone or terminate under Clause 10.
6.3 Where required and agreed in advance, you will pay reasonable incidental expenses (e.g., permits, specialist surveys, third‑party services) at cost plus agreed handling if any.
6.4 Prices include VAT where applicable.
6.5 We may apply any deposit against sums properly due under Clause 10 (including net losses under 10.3) and will refund any balance to you.
7. Payment
7.1 We will invoice on the dates/stages shown in the quotation or on completion where none are stated.
7.2 Invoices are due within 14 days of the invoice date unless otherwise agreed in writing.
7.3 If any sum is not paid by the due date, we may charge simple interest at the Bank of England base rate + 3%, accruing daily, plus a reasonable administration charge reflecting our actual costs of reminders and debt recovery (supporting evidence available on request). This does not affect your statutory rights.
7.4 Payments must be made in GBP unless otherwise agreed.
8. Sub‑contracting
We may sub‑contract parts of the Services. We remain responsible for our sub‑contractors’ work as if it were our own and there will be no extra charge solely because we sub‑contract.
9. Programme, site access and force majeure
9.1 Dates are estimates. We will use reasonable endeavours to meet them.
9.2 Where delay is caused by events beyond our reasonable control (including severe weather, industrial action, supply chain disruption, discovery of utilities/hazardous materials, or directions by statutory bodies), the timetable will be extended by a reasonable period and no price reduction will apply.
9.3 We may reasonably adjust sequencing to reflect weather and site conditions.
10. Cancellation and termination
Cooling‑off (distance/off‑premises): If applicable, you may cancel within 14 days of acceptance – see Part A7 and Part D. If you asked us to start within that period, you will pay for work and materials actually supplied up to cancellation. Once fully performed within that period, the right to cancel is lost.
Other termination rights:
10.1 You may terminate immediately if we fail to provide the Services with reasonable care and skill or otherwise materially breach the contract; in that case we will refund any amounts paid for services not provided.
10.2 You may terminate for convenience by giving at least 14 days’ notice.
10.3 You may terminate for convenience without notice; in that case you will pay our net losses actually incurred (e.g., non‑refundable supplier charges, restocking fees, proportionate labour already undertaken, wasted mobilisation), evidenced on request and capped at the contract price.
10.4 We may terminate immediately if: (a) you commit a serious breach; (b) you become insolvent; (c) you fail to pay sums due after at least 14 days’ written notice; or (d) we reasonably conclude you are not a consumer.
10.5 On termination (other than for our breach), you will pay for Services beneficially received up to the termination date on a proportionate basis, in addition to any agreed net losses under 10.3.
11. Plants and other living materials
11.1 We will supply healthy plants fit for planting at the time of installation.
11.2 We guarantee plants for 12 months only where we provide a paid maintenance/irrigation service throughout that period. On request we will provide a Aftercare Guide at practical completion. Where you are not on our maintenance/irrigation service, responsibility for ongoing care passes to you and no warranty is given for plant loss arising from under/over‑watering, neglect, extreme weather, pests/diseases, soil/site conditions beyond our control, or third‑party actions. Your statutory rights are unaffected.
11.3 Workmanship guarantee
We guarantee our workmanship to be free from defects for 12 months from the date of practical completion. This covers defects arising as a direct result of faulty installation. Our obligation is to repair or re‑perform the affected work within a reasonable time. This guarantee does not cover fair wear and tear, design choices directed by you, third‑party interference, or damage caused by misuse, lack of maintenance, extreme weather, pests or other external factors. Your statutory rights are unaffected.
12. Health, safety and CDM 2015
12.1 We will plan, manage and monitor the works so they are carried out safely.
12.2 Where the work is “construction work” under the Construction (Design and Management) Regulations 2015 (CDM 2015) and you are a domestic client, you agree that the contractor (or principal contractor where more than one contractor is engaged) will assume the domestic client duties under CDM. We will inform you where CDM applies.
13. Liability and consumer rights
13.1 We are responsible for foreseeable loss or damage caused by our breach of contract or negligence. We are not responsible for loss or damage that is not foreseeable.
13.2 We supply the Services for personal use. We do not accept liability for business losses (loss of profit, business or opportunity).
13.3 Nothing limits or excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
13.4 Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015, the Consumer Contracts Regulations 2013 or other applicable consumer protection legislation.
14. Data protection
We process personal data in accordance with our Privacy Notice (see Part A10). Key purposes include providing quotations, performing the contract, invoicing, and maintaining records. We will only share data with suppliers and sub‑contractors where necessary to deliver the Services.
15. Complaints and ADR
15.1 Please raise any complaint with Frank Sutory MCIHort using the contact details above.
15.2 If we cannot resolve your complaint, we will send a final response with details of how to refer your case to our approved ADR provider, the Dispute Resolution Ombudsman (DRO), and we agree to engage with DRO for eligible disputes. You are not prevented from issuing court proceedings.
16. Intellectual property
We reserve all copyright and other intellectual property rights in any designs, drawings, specifications, schedules, photographs and documents we create or supply. You receive a personal, non‑transferable licence to use them for your property/project only.
17. Communications
Notices and formal communications must be in writing and sent by email or prepaid post to the addresses in the quotation or as otherwise notified in writing.
18. No waiver
No failure or delay to exercise a right or remedy is a waiver of that right or remedy. No waiver of a breach is a waiver of any subsequent breach.
19. Severance
If any provision is held invalid or unenforceable, the remainder of the provision and these terms shall continue in full force and effect.
20. Risk, ownership and waste
20.1 Risk in unfixed goods passes to you on delivery to site. Title in unfixed goods passes on receipt of cleared payment in full.
20.2 Legal ownership of any goods or materials passes to you once they are incorporated into the property (e.g. paving is laid, or plants are planted). Until full payment is made for all Services, We reserve the right to pursue payment for those goods through legal channels.
20.3 Unless stated otherwise, waste will be removed only to the extent expressly set out in the quotation and via licensed carriers.
21. Law and jurisdiction
21.1 These terms and the contract are governed by the law of England and Wales.
21.2 As a consumer, you will benefit from any mandatory provisions of the law of your UK country of residence.
21.3 Any dispute may be brought in the courts of England & Wales, Scotland or Northern Ireland depending on your residency.
Part C – Underground services and hazardous materials (important)
- You will provide any available plans and information about underground services.
- We will follow safe‑digging practices (e.g., detection equipment and trial holes) where relevant.
- If we suspect asbestos or other hazardous materials, we will stop work in the affected area. You will appoint a suitably licensed contractor for survey/removal. Time and cost consequences are treated as a variation (Clause 5).
Part D – Cancellation information and form (CCR 2013 Schedule 3)
D1. Instructions on cancellation
- If this is a distance or off‑premises contract, you may cancel within 14 days of accepting our quotation.
- To cancel, either complete and send the Model Cancellation Form below, or clearly state your decision to cancel by email or post.
- If you asked us to start during the 14‑day period, you will pay for the services and materials actually supplied up to the time you cancel. Once the services are fully performed within that period, the right to cancel is lost.
Where to send your cancellation
Great Garden Partnership, Unit 5, Icknield Farm, Icknield Road, Ipsden, OX10 6AS
Email: frank@greatgarden.co.uk
D2. Model Cancellation Form
(Complete and return only if you wish to cancel your distance/off‑premises contract within 14 days)
To: Great Garden Partnership, Unit 5, Icknield Farm, Icknield Road, Ipsden, OX10 6AS; frank@greatgarden.co.uk
I/We hereby give notice that I/We cancel my/our contract for the supply of the following service(s):
— Ordered on / accepted on: __________________________
— Name of consumer(s): _______________________________
— Address of consumer(s): ____________________________
— Signature of consumer(s) (only if this form is notified on paper): ____________________________
— Date: ____________________
D3. Express request to start work during the cancellation period (optional)
(Only complete if you want us to start within the 14‑day cancellation period)
I/We request that Great Garden begin work before the end of the 14‑day cancellation period. I/We understand that if I/We later cancel within that period, I/We must pay for services and materials actually supplied up to cancellation, and that once the services are fully performed within the 14 days, the right to cancel is lost.
— Signed: __________________________
— Name: ____________________________
— Date: ____________________________
These Terms replace and supersede any previous consumer terms issued by Great Garden.
