Terms of Business
The Garden Design Company (Midlands) Limited
Formally trading as Leicestershire Garden Design Company Limited
1. These terms
1.1 What these terms cover. These are the terms and conditions on which The Garden Design Company (Midlands) Limited supply our garden design and installation services to you (we called these our Services).
Our Services may include:
(a) Design Work relating to your new garden to create a Design; and
(b) The Installation of the Design, which may also include the provision of any products which form part of the design which may include stone, timber products, plants, grass and artificial grass (Products)
1.2 Why you should read them. Please read these terms carefully before you place your order with us for our Services. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are The Garden Design Company (Midlands) Limited, a company registered in England and Wales. Our company registration number is 09378342 and our registered office is at Unit 11, The Warren, East Goscote, Leicester LE7 3XA. Our registered VAT number is 159227101.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0116 210 0760 or by writing to us at;
Unit 11, The Warren, East Goscote, Leicester LE7 3XA or by email at [email protected]
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 Definitions used in our Terms: We would draw your attention to the definitions in the schedule to these terms
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we confirm acceptance to you, at which point a contract will come into existence between you and us. The order process is in two stages:
(a) An order for the Design – this is our Design Work where we provide a design for your garden (see clause 4 below); and
(b) An order for the Installation of the Design (see clause 8 below).
(c) You are not obliged to place an order for the Installation of any Design that we produce for you; and
(d) All our Design Work is charged for.
3.2 If we cannot accept your order. If we are unable to accept your order (whether for the Design or the Installation), we will inform you of this and will not charge you for our Services. This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet an installation/delivery deadline you have specified.
3.3 We only provide our services to the UK. Unfortunately, we do not accept orders from outside the UK.
4. Our Design
4.1 Our Design for your garden will be based upon an estimated budget that you will be asked to give us when we meet you. This usually takes place when we visit your Property for the initial consultation. If you do not provide an estimated budget, we will produce a Design based upon our own creativity.
4.2 Your request for Design Work will be processed after the initial consultation when we will contact you to ask if you wish to proceed with the production of the Design. The order will be placed at that point for the Design and payment taken in full in advance.
5. Our products
5.1 Products may vary slightly from their pictures. The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure or Proposal Document accurately reflects the colour of the Products. Your Products may vary slightly from those images. This reflects that many of our Products are made from natural products such as stone and timber or are living products such as plants and turf.
5.2 Product samples may vary from the products supplied. We endeavour to ensure that samples in our showroom reflect the Products supplied to our customers. We cannot guarantee that natural products made from stone, timber or other natural resources will be identical to samples in our showroom. Customers therefore need to be willing to accept reasonable variations when selecting natural products. This includes Perishable Products, such as plants and turf. This is due to them being natural products, and weathering and how you maintain them, will impact upon their appearance over time.
5.3 Making sure your measurements are accurate. If we are making the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us.
6. Your rights to make changes
If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
7.1 Minor changes to the products. We may change the Services:
(a) To reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat or as a result of the landscape at your home. These changes will not affect your use of the Products, although it may require a minor change to the Design. For example, it may be necessary to change a plant due to availability or the proposed location being unsuitable.
7.2 More significant changes to the Services and these terms. If we need to make significant changes to the Services, we will notify you and agree the changes with you before we start the Services. If you are unwilling to agree a significant change, then you may contact us to end the contract and receive a full refund before the changes take effect.
8. Providing the Services
8.1 When we will provide the services. During the order process we will let you know the proposed Installation Date, when we will provide the Products and Services to you. The estimated completion date for the services is as told to you during the order process. Please note, the Installation date and the completion date may change due to delays outside of our control or the late payment of the Price of our Services.
8.2 We are not responsible for delays outside our control. If our supply of the Services and Products is delayed by an event outside our control, including but not limited to Inclement Weather, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
8.3 If you do not allow us access to provide services. If you do not allow us access to your Property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 11.2 will apply.
8.4 When you become responsible for the product. The Products will be your responsibility from the time we deliver the Products to the Property. Please ensure that where Products are stored at the Property prior to Installation, the Products are stored securely.
8.5 When you own the Products. You own a Product which is goods once we have received payment in full.
8.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, an estimated budget to which we will produce the Design or dates for the Installation. If so, this will have been stated in the description of the Services in our proposal document. We will contact you to ask for this information.
If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 11.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for delays in the Services, including supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
8.7 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of our Services to:
(a) Deal with technical problems or make minor technical changes;
(b) Inclement Weather;
(c) Update the product to reflect changes in relevant laws and regulatory requirements;
(d) Make changes to the product as requested by you or notified by us to you (see clause 7).
8.8 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 28 days, we will adjust the price so that you do not pay for Products while they are suspended.
You may contact us to end the contract for our Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than six weeks and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
8.9 We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services and Products when you are supposed to (see clause 13.4) and you still do not make payment within 3 working days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts.
We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 13.6) in good faith. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.5).
9.1 Following completion of the Services, you will be responsible for maintaining your garden/the Installation. This will include cleaning and (where appropriate) treating the Products in accordance with our recommendations and the manufacturer’s guidance. You should also care for and water all the Perishable Products.
We are not responsible for any Perishable Products dying in the event that you fail to care for and/or water them (unless the Perishable Products were defective). Watering your new plants and turf is critical.
9.2 We do provide a complimentary maintenance visit approximately 12 months after completion to include a general health check of your new garden and to clean the Products (where appropriate).
9.3 A maintenance contract can be arranged with us for an additional charge. Please contact our customer service team for details.
10. Your rights to end the contract
10.1 You can always end the contract for the supply of the Services before it has been completed. You may contact us to end your contract for the Services at any time before we have completed the Installation, but you will be charged you for doing so, as described below. Of course, you always have rights where a Product is faulty or mis-described (see clause 12, “If there is a problem with the products”).
10.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
(a) We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);
(b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) There is a risk that supply of the Services may be significantly delayed because of events outside our control;
(d) We have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than six weeks; or
(e) You have a legal right to end the contract because of something we have done wrong.
10.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 10.2 then the contract will end immediately and we will refund any sums paid by you for the Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the losses and costs we will incur as a result of your ending the contract.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to us when it is due and you still do not make payment within 3 working days of us reminding you that payment is due;
(b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
(c) You do not, within a reasonable time, allow us access to your premises to supply the services.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the losses and costs we will incur as a result of your breaking the contract.
12. If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0116 210 0760 or write to us at;
Unit 11, The Warren, East Goscote, Leicester LE7 3XA (Email: [email protected]).
Alternatively, please speak to one of our staff in-store.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is services, for example installation services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.
13. Price and payment
13.1 Where to find the price for the Services.
(a) Unless otherwise agreed in writing, the price for the Design will be £1,800 (which includes VAT).
(b) The price for the Installation and the Products and Services (which includes VAT) will be the price set out in the Proposal Document. We use our best efforts to ensure that the price of Services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the Services and Products you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services or Products may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
13.4 When you must pay and how you must pay. We accept payment with major UK debit and credit cards. We accept AMEX. When you must pay is set out in the Proposal Document although the following default position applies if the payment terms are not set out:
(a) For the preparation of the Design, you must pay for the Design in advance. If payment is not made in advance by reason of a technical error, such as a returned payment from your bank or credit card provider, the fee for the Design is payable on presentation of invoice.
(b) For Installation and the Services, the payment terms are set out in the Proposal Document. If the payment terms are not set out in the Proposal Document, you must pay:
(i) An initial deposit of 50% of the price of the Services on placing the Order, and before we start providing them.
(ii) We will invoice you for the balance of the price of the Services on an interim basis by three further instalments as the Services progress, with the final instalment payable on completion of the Services.
(iii) You must pay each invoice within 7 days after the date of the invoice.
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time
This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. This will also apply to Perishable Products which you fail to care for (e.g. water).
14.2 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, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2; and for defective products under the Consumer Protection Act 1987
14.3 When we are liable for damage to your property. If we are providing services at your Property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) To supply the products to you;
(b) To process your payment for the products; and
(c) If you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 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.
16.5 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 products, we can still require you to make the payment at a later date.
16.6 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 products in the English courts.
If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
If you are not happy with how we have handled any complaint, you may want to contact the British Association of Landscape Industries (BALI). You can submit a complaint to BALI via their website at www.bali.org.uk or by telephone on 024 7669 0333. If you are not satisfied with the outcome you can still bring legal proceedings.
(a) “Design” means the design that we produce for your garden.
(b) “Design Work” means the production of the Design
(c) “Inclement Weather” means weather of a type which will interfere with our Services and the Installation such as snow, heavy rain, freezing temperatures, high winds and general bad weather.
(d) “Initial Maintenance” means the immediate aftercare for your garden.
(e) “Installation” means the installation of the Design and the Products at your Property.
(f) “Installation Date” means the date provided to you for the Installation.
(g) “Maintenance” means the general maintenance of the Products and the Perishable Products.
(h) “Perishable Products” means perishable items supplied as part of the Design, such as plants and turf that require ongoing care.
(i) “Property” means the property address where we are to provide our services.
(j) “Proposal Document” means the document provided to you with the Design which includes the price for our Services.
(k) “Services” means the services of Design Work and/or the Installation supplied to you, as the case may be.
(l) “Warranty” means a 12-month warranty from the completion of the Installation at your Property in respects of the Services (but excluding Perishable Products).