TERMS & CONDITIONS
By agreeing for us to carry out works, you will be adhering to these terms and conditions described below.
These Terms and Conditions shall apply to and are incorporated in any quotation (hereinafter referred to as the Quotation) provided by Landscapability Limited (hereinafter referred to as the ‘Contractor’) to you, the client (hereinafter referred to as the ‘Client’) and shall be deemed to apply unless expressly modified or excluded by the Contractor. These Terms and Conditions have been written to protect the Client and the Contractor (hereinafter referred to as the Parties) and form a binding contract (hereinafter referred to as the ‘Contract’).
1. DEFINITIONS
1.1 The definitions and rules of interpretation in this clause shall apply in full to these Terms and Conditions.
1.2 Paragraph headings shall not affect the interpretation of these conditions.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person’s legal and personal representatives, successors and permitted assignees.
1.4 Words in the singular shall include the plural and vice versa.
1.5 Start Date is the proposed date that the Contractor intends to start the Works as agreed with the Client, subject to reasonable change / delay due to circumstances out with the Contractor’s control.
1.6 Contractor means Landscapability Limited and any employee thereof.
1.7 Client means the person, firm or company who enters into a Contract with the Contractor for the provision of landscape gardening work.
1.8 Site means the location where the Works are to be carried.
1.9 Quotation means the documents including detailed plans and/or drawings describing the Works, provided by the Contractor to the Client.
1.10 Works means the work to be carried out by the Contractor as set out in the Quotation, together with any other services which the Contractor agrees to provide to the Client.
2. QUOTATION & SCOPE OF WORK
2.1 The Quotation is valid for 30 days from the date shown thereon. If the client wishes to proceed with the Works, they must let the Contractor know before the 30-day period expires.
2.2 Quotations are produced openly and fairly, and are not open to negotiation.
2.3 Before the Quotation is produced, the Client must inform the Contractor of any issues which may affect the Works such as access issues or neighbour disputes.
2.4 The Quotation provides an accurate description of discussions and work agreed between the Parties, and is based on conditions known and divulged by the Client at the time of the Contractor viewing the proposed Works.
2.5 The Client agrees to pay for any extra works or costs arising from unknown circumstances, difficulties or changes which were not divulged to the Contractor before the Quotation was produced.
2.6 Only work detailed in the Quotation will be carried out by the Contractor. The Contractor is under no obligation to execute further work requested by the Client, unless expressly agreed by the Parties.
2.7 Work requested by the Client which is not included in the original Quotation will be treated as additional work and a new Quotation will be provided. The Contractor will endeavour to carry out additional work at the same time as ongoing Works, however, the Client accepts this may not always be possible. In this instance a Start Date for additional work will be agreed between the Parties.
2.8 The Contractor reserves the right to increase the Quotation if factors out with their control make it necessary, including, but not limited to, a price increase of raw materials or equipment hire, and minimum wage increase. In these circumstances the Client will be informed and will have the option to cancel the Contract without penalty.
3. DEPOSITS & PAYMENTS
3.1 If requested a 20% deposit is required to secure a proposed Start Date for Works to commence. A Start Date will not be confirmed until the deposit is paid.
3.2 A payment of 60% will be payable five days after beginning the Works.
3.3 The remaining balance is payable on the day of completion of the Works.
3.4 The Client may be required to pay a deposit of more than 50% if the materials chosen by the them exceed 50% of the amount stated in the Quotation.
3.5 Any deposits or advance payments needed for third-party workers/sub-contractors such as electricians, joiner or bricklayers will be payable by the Client in advance of such services being provided.
3.6 If Works are estimated to take longer than 14 days, the Client will make pre-agreed staged payments to the Contractor against Works completed/materials provided, with the final balance being due on the day of completion of the Works.
3.7 The full amount stated on the Quotation is payable on the day of completion of the Works. Interest will be charged from the due date on all outstanding amounts at 5% above the Contractor’s bank’s base lending rate per annum, until full payment is received/cleared.
3.8 Payments should be made to Landscapability Limited either by bank transfer, cash or cheque. The Contractor does not accept Credit Cards.
4. CONTRACTOR RESPONSIBILITES
4.1 All work will be carried out by the Contractor unless otherwise agreed between the Parties. Occasionally the services of third-parties or sub-contractors known to and trusted by the Contractor may be used; the Client will be notified of this prior to such work being undertaken.
4.2 The Contractor will carry out and complete the Works in a professional and timely manner.
4.3 Unless prior arrangements are explicitly made between the Parties, the Contractor will source / provide the materials, machinery, tools and fuel needed to undertake the Works.
4.4 The Contractor will hold full Public Liability Insurance, available to view on request.
5. CLIENT RESPONSIBILITIES
5.1 If the Client wishes to accept a Quotation this forms a legally binding Contract between the Client and the Contractor.
5.2 The Client is responsible for obtaining any necessary planning permission for the Works and for fulfilling any statutory requirements.
5.3 The Contractor accepts no responsibility for Works that have been carried out on land not under ownership of the Client. By entering in to the Contract, the Client confirms they are the owner of the Site or have the right to act on behalf of the owner of the Site.
5.4 By entering in to the Contract the Client warrants, to the best of their knowledge, that the Site is free from springs, flooding, rock, tree stumps (not specified to be removed), mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations or other hazards or obstructions which were not visible or made known in writing to the Contractor prior to production of the Quotation.
5.5 The Client accepts responsibility for any additional costs incurred by the Contractor resulting from the discovery of such hazards referred to in 5.4. The Contractor accepts no responsibility for damage to, or cost involved with, any hazards, obstructions or services on the Site not disclosed by the Client or apparent to the Contractor on visual inspection.
5.6 The Client will ensure adequate access to the Site is made available to the Contractor to enable the Contractor to carry out Works in an effective and timely manner.
5.7 The Client will provide access to the Site during the Contractor’s normal working hours; 8am - 5pm, including weekends.
5.8 The Client will provide access to water, electricity and toilet facilities wherever possible for use by the Contractor whilst carrying out the agreed Works. The provision of these services and facilities will be at the sole cost of the Client.
5.9 When the Contractor has requested use of the Client’s power source, it is the Client’s responsibility to ensure any electrical equipment such as fridges, freezers, cookers, lights, clocks, etc. are plugged in / switched back on during or after completion of the Works.
5.10 The Client agrees not to unnecessarily interrupt the Contractor while Works are underway. The Contractor may be carrying out potentially hazardous tasks requiring their full attention and concentration. The Contractor will be adhering to a carefully planned work schedule, so is it vital that the Client allows the Contractor space to utilise their time effectively to keep the Works on schedule.
5.11 The Client will be responsible for ensuring the safety of children, family members, pets, and visitors to the Site whilst the Works are carried out.
5.12 The Client will remove and dispose of any pet waste before Works begin.
5.13 Prior to the Works commencing, the Client will move any garden furniture/children’s play equipment/ garden plant pots etc. obstructing the area where Works are taking place unless agreed otherwise.
6. DRAINAGE WORK
6.1 The Client agrees to carry out all necessary checks and obtain relevant permissions with the Water Board and/or their water supplier prior to the Contractor carrying out any drainage works.
6.2 The Contractor will not be held responsible for any issues which may arise with the existing drainage system after new drainage has been installed or connected to the existing drainage system.
7. DELAYS OR DISRUPTION
7.1 The Contractor will endeavour to complete the Works within a reasonable time frame or by a specified date, if pre-agreed. Under no circumstance will the Contractor incur any liabilities to the Client for any delay arising from force majeure, adverse weather conditions or events beyond their reasonable control such as staff illness or absence.
7.2 Staff shortages or adverse weather conditions including snow, frost, extreme rain, excessive heat or drought may cause a delay to the proposed Start Date or completion of the Works. The Contractor will always inform the Client at the earliest opportunity of any such delay.
7.3 Delays caused by third-parties working at the Site who are not sub-contracted/employed by the Contractor will result in charges to the Client to recover business losses/costs incurred by the Contractor as a result of such delays.
8. MATERIALS
8.1 Materials delivered to the Site become the responsibility of the Client. The Contractor accepts no responsibility for loss, theft or damage after delivery of the materials to the Site. Any additional materials required to carry out the Works following damage, loss or theft will be at the Client’s expense.
8.2 Any materials excess to the Contractor’s requirements will remain the property of and be removable by the Contractor, who will have the right to enter the Site for that purpose.
9. SUPPLY OF PRODUCTS & LIVING MATTER
9.1 All products including living matter such as plants and turf provided by the Contactor to the Client are provided on the understanding that:
(a) no warranty is given or implied as to the quality or suitability of products supplied by the Contractor to the Client
(b) plants are a living, perishable product and will deteriorate in quality if not provided with appropriate care
(c) the Client will provide adequate levels of care (including water) from the point of delivery to maintain the quality of the plant/s and promote healthy growth and establishment
(d) any plants, hanging baskets, shrubs or trees purchased for the Client, or delivered to the Site, cannot be exchanged or returned
9.2 The Contractor is not responsible for the well-being and maintenance of living plant material including turf, shrubs, trees, plants or hanging baskets once supplied or installed. It is the Client’s responsibility to care for living matter of this nature once Works have been completed.
10. ACCIDENTAL / WEATHER DAMAGE
10.1 After completion of the Works the Contractor accepts no responsibility for any damage to materials (including soft landscaping products) including but not limited to, damage caused by adverse weather such as drought, wind, rain or frost. This includes freeze-thaw occurring in the cement/pointing of brickwork, patios and paving and efflorescence in brick work or patio stone.
10.2 The Contractor accepts no responsibility for accidental damage caused to materials or Works (ongoing or completed) caused by the Client, their associates or anyone on the Site who has no connection to the Contractor.
10.3 The Contractor will replace / repair any accidental damage caused to the Client’s property or materials in the event such damage is caused solely by the Contractor.
10.4 The Contractor will be free from any liabilities, structural or accidental, when using machinery except for incidents caused by improper use of the same.
11. AFTER CARE / SNAGGING ISSUES
11.1 In the event the Client is not fully satisfied with any part of the Contractor’s work, the Client will inform the Contractor at the earliest opportunity.
11.2 The Contractor will offer a 14-day period for the Client to report any snagging / issues with the Works carried out. After this period the Contractor is not obliged to carry out further work.
11.3 The Contractor will endeavour to deal with any after care / snagging issues in a timely manner and to the Client’s satisfaction, providing the issues raised are deemed to be reasonable and within the scope of work provided for in the Quotation.
12. PHOTOGRAPHS/VIDEOS
12.1 The Contractor may photograph and/or video Works on the Site as a record of work carried out. Such photographs/videos may also be used by the Contractor for marketing purposes on their website and social media platforms, unless the Client explicitly requests that the Contractor does not use such images for this purpose. All photographs / videos are the property of the Contractor, including any sent by the Client to the Contractor relating to the Works.
13. CANCELLATION OF CONTRACT
13.1 The Client must give 30 days’ notice prior to the Start Date of Works if they wish to cancel the Contract, initially by telephone and subsequently in writing via e-mail to contact@russellgardeningandlandscaping.co.uk
13.2 Any unrecoverable costs incurred by the Contractor in respect of commitments made for materials and others during the 30-day period before the Start Date will be charged in full to the Client.
13.3 Cancellations within 30 days of the proposed Start Date will incur a cost to the Client of 20% of the Quotation. In addition, any materials that have been purchased by the Contractor on behalf of the Client, or any other unrecoverable costs in respect of commitments made during that period i.e. machine or skip hire, will be payable by the Client. The Contractor also reserves the right to retain any deposits paid to cover additional losses.
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The Contractor reserves the right to amend these Terms and Conditions at any time.
These Terms and Conditions are subject to English Law. The Contractor and the Client agree to be bound by the jurisdiction of the relevant court.
PRIVACY POLICY
This privacy policy sets out how Landscapability (https://landscapability.co.uk) uses and protects any information that you give Landscapability when you use this website. Landscapability is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this privacy statement.
By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.
Note that Landscapability may change this policy revised periodically without notice. Please re-read this policy prior to submitting any personal information if you have concerns about how your information is being collected and used.
Type of data we collect
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
Name
Contact information including;
-Name,
-Phone No,
-Home Address,
-Email address,
-Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
How we use your usage data information?
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
*Internal Record keeping;
We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
Cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Legal Basis for Processing Personal Data under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Landscapability legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Landscapability may process your Personal Data because:
i. We need to perform a contract with you
ii. You have given us permission to do so
iii. The processing is in our legitimate interests and it's not overridden by your rights
iv. For payment processing purposes
v. To comply with the law
vi. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
DATA RETENTION
All information stored will be destroyed once membership comes to an end (and not renewed)., we may maintain your Order Information for our records unless and until you ask us to delete this information.
Your Data Protection Rights Under General Data Protection Regulation.
Controlling your personal information
What You Can Expect From Us: We will always comply with the standards, procedures, and requirements of EU data protection laws to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully. In order to process your order and deliver your purchases to you, we may have to pass your information to some of our service providers. This includes the companies who handle our order dispatch service and our delivery company. We will only provide these companies with the information which they need to carry out their jobs. They will only be allowed to use your information in the way in which we tell them, and they will not be entitled to use it in their own right. We may on occasion notify you by email about changes to our terms and conditions, or other important changes to our website or our service. In assessing your request for goods or services, we may use your information for the purposes of the prevention and detection of fraud. We may disclose your address and postcode details to check against any other Fraud Prevention Scheme. If you believe your details are incorrect you may correct those details by following the procedure below. We will not pass your information to any third parties except where required to do so as a part of the sale, disposal or transfer of our business, in whole or in part.
Your Legal Rights: Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include:
Rights What This Means
Access personal data Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Correct personal data Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Erase personal data Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of personal data Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Restrict processing of personal data Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data's accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Transfer personal data Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you want to stop using your account, you may deactivate it by emailing us at tom@landscapability.co.uk or contact us via our phone number: 07595563059 - Customer Service
Other details:
(a) This website is owned and operated by; Thomas Cuckow
Modification
Landscapability has the right to revise the terms of these policies at any time. Should we update, amend or make any changes to this document, those changes will be prominently posted here.