TERMS AND CONDITIONS
Services are provided to customers by a network of locally owned and operated businesses licensed to use the Greensleeves name. In these terms and conditions, the definition Greensleeves (“Greensleeves“) refers to the limited company or individual Greensleeves services in your area. That company or individual can be identified from either the confirmation of order email you receive after placing an order via the Website (as defined below) or on the Quote (also defined below).
- Understanding these Terms and Conditions
- These terms and conditions (“T&Cs“) set out the terms on which we agree to provide lawn care services (“Services“) to you.
- When certain words and phrases are used in these T&Cs, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these T&Cs where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
- In these Terms and Conditions, when we refer to “we“, “us” or “our“, we mean Greensleeves; and when we refer to “you” or “your” we mean:
- if you are a consumer, the individual using the Services for a purpose that is wholly or mainly outside of their trade, business, craft or profession; and
- if you are not a consumer: (i) the business that you have the authority to bind; or (ii) the individual using the Services for purposes that are not wholly or mainly outside of their trade, business, craft or profession (in each case a “Business“).
- THE ORDER PROCESS
- You can make an order for the Services in one of the following ways:
- By visiting the Greensleeves website at [https://www.greensleeves-uk.com] (Website) and following the online instructions to obtain a quotation for the grounds at which you wish us to perform the Services (“Grounds”), listing the Services you would like us to carry out and completing the direct debit mandate; or
- At your request, whether by telephone, email or Website enquiry we will arrange a time and date for us to attend the Grounds to carry out an inspection of the Grounds and agree the Services you require (“Appointment“).
At the end of the Appointment, we will, where possible, provide you with a quote for the cost of the Services you wish to purchase from us (“Quote“) together with these T&Cs by email. Where it is not possible for us to provide the Quote at the end of the Appointment, we will provide it to you as soon as practicable thereafter. The Quote is subject to withdrawal at any time before a Contract (as defined in clause 2.4 below) is concluded and shall be deemed to be withdrawn unless a Contract is concluded within 30 days from the date of the Quote.
- A Contract for Services (“Contract”) will become binding on you and us once (a) where you have ordered via the Website, you have completed the ordering process on the Website and received a confirmation email from us, or (b) if you received a Quote, you accept the Quote, and we subsequently accept your order.
- These T&Cs will be incorporated, together with the Quote (where provided), into the Contract.
- CANCELLING YOUR ORDER
- This clause 3 only applies to you if you are a consumer.
- You have a legal right to change your mind and cancel the Contract between you and us within 14 days of completing your order without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, is explained in more detail below.
- The cancellation period will expire 14 days from the day on which the Contract is concluded (as described in clause 4 above).
- If you would like to us to commence the provision of any Services during this cancellation period you must expressly request that we do so.
- To exercise the right to cancel, you must inform us of your decision to cancel the Contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to use the contact details in clause 12. You may use the following model cancellation form but you are not required to do so:
Model Cancellation Form
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale for the provision of the following service*,
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
- We will send you an acknowledgement of receipt of your notice to cancel by email if that is how you advised us of your cancellation or otherwise by post.
- If you cancel the Contract with us in respect of the Services:
3.8.1 you will remain responsible for paying us for any portion of the Services performed prior to you notifying us of your intention to cancel. If we have fully performed the Services before you cancel the Contract with us, you will remain responsible for paying the full cost of the Services; and
- if you are due any reimbursement for Services which have not been performed and you have paid for in advance, we will make this reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.
- CHARGES AND PAYMENT
- The price for the Services will be as provided in the Quote (where supplied) or specified accordingly to Services you selected when ordering on the Website, which will include any applicable VAT or other similar sales, turnover or consumption taxes (the “Charges“).
- It might be the case that, following the commencement of the Services, we discover that due to circumstances not apparent to us when we provided the price for the Services or when the price was provided via the Website either: (a) additional work beyond that specified at the Appointment or on the Website is required; (b) where the order was placed via the Website, the size of the Grounds was incorrectly provided, it is necessary to pay to park to undertake the Services at the Grounds, the Grounds are within a congestion zone, ULEZ, CAZ or other such area where a fee is payable or access to the Grounds is impeded for example, but not limited to, no parking nearby, access to the Grounds is not direct or access to the Grounds involves steps or a steep incline and/or (c) further products are required in order to complete the relevant Services. In these circumstances, we will obtain your consent before incurring such additional charges and, if you do not give your consent, we shall be entitled to terminate the Services immediately and you will only be required to pay the Charges in respect of the Services delivered up to the date of termination. If you require any additional Services from us at any time, either on a regular basis or as a one-off service, you may request these from us and we will provide you with the cost. If additional Services are provided and you pay by direct debit, the cost of the additional Services will be added to the direct debit. If you pay for Services following their delivery, the entire amount due for the additional Services will be added to your invoice following delivery and will be payable in accordance with clause 4.3.
- Payment must be made on the completion of each service delivery in accordance with the payment instructions included on the invoice. Alternatively, if you have signed a direct debit, payment will be made by monthly direct debit instalments and the costs defined in the Quote, or as subsequently varied in accordance with clause 4.2 or 4.7, will be deducted in monthly instalments.
- You shall pay all amounts due under the Contract in full without any deduction or withholding except as required or permitted by law.
- If you are a Business, we may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
- Returned cheques or any unpaid direct debit payment will be subject to a £35 processing and administration charge.
- The Charges will be reviewed annually by us on 1 January of each year. If you pay by direct debit, you will receive notification of the revised price from your Bank. If you pay for the Services after each visit, we will contact you before the first visit in each calendar year to confirm the Charges for the Services defined in the Contract in that calendar year. The Charges may remain the same or be increased.
- YOUR OBLIGATIONS
- You must:
- give us safe and unobstructed access to the Grounds suitable for personnel and the transporting of equipment to the Grounds for the purposes of carrying out the Services and any other of our obligations under the Contract and ensure that if access to the Grounds is via your property the floor surfaces to be crossed are covered with an adequate floor covering to prevent damage to the floor surface;
- provide our personnel with adequate safe working space and facilities and clear the Grounds to enable us to carry out the Services this includes but is not limited to removal of all garden furniture, toys, dog excrement and other items from the Grounds;
- notify us of any defects in the Services in writing to the address in clause 12 as soon as possible after they have been discovered and permit us to inspect any alleged defects in the Services including where you feel they do not match any description given; and
- comply with any directions given by us appropriate to the Services provided given either verbally or in writing.
- You must:
- OUR OBLIGATIONS
- We shall provide the Services with reasonable care and skill.
- We shall begin the provision of the Services either on the date that the Contract is concluded or as otherwise agreed between us and thereafter will provide the Services on the date specified on the invoice for the preceding Services for planned seasonal Services or as agreed between us for additional Services.
- We shall carry out the Services during normal working hours 08:00 to 18:00 Mondays to Friday (excluding public Holidays) provided that, where agreed between you and us, we may agree to perform the Services outside of working hours.
- If you do not allow us access to the Grounds to perform the Services or do not wish us to perform the Services (or any part of them) when scheduled to do so, we may charge you with any additional costs reasonably incurred by us as a result.
- We may terminate the Contract:
- with immediate effect if you breach the Contract and that breach has a material effect on our ability to perform the Services and, where it is possible to remedy the breach, you do not remedy the breach within such reasonable period of time as we may notify to you;
- with immediate effect if the condition or topography of the Grounds, or access thereto, is in our reasonable opinion unsuitable for the delivery of the Services; or
- in accordance with clause 2 above or clauses 7.3 and 9.4 below.
- If we terminate the Contract in the situations set out in clause 1 we will charge you for the value of the Services you have received and on termination of the Contract for any reason you shall immediately pay to us all outstanding and unpaid Charges for Services you have received. Where payment is made for the Services by direct debit, it is your responsibility to cancel the direct debit on the termination of the Contract following payment of the final amount due to us in accordance with this clause which will be notified to you after we have reviewed your account and determined if any payment is required from you, in addition to the payments you have made to the date of termination, to ensure that the provisions of this clause 7.2 are complied with.
- Services will be provided under the Contract unless and until terminated by either party on giving written notice to the other to expire 3 months after the date of such notice or otherwise in accordance with these T&Cs.
- We may terminate the Contract:
- YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our privacy notice which can be found at [https://greensleeves-uk.com/company-policies/privacy/]. We recommend that you do take the time to read our privacy notice as it includes important information and terms which apply to you.
- Nothing in these T&Cs excludes or limits either our or your liability for:
- death or personal injury caused by our/your (as applicable) negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for us/you (as applicable) to exclude or restrict liability.
- If you are a consumer:
- and we fail to comply with these T&Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence but, subject to clause 1, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract became binding on you and us; and
- nothing in these T&Cs affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
- If you are a Business (subject to clause 1):
- these T&Cs are in place of all warranties, representations, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) relating to the Contract and/or the Services, all of which are hereby excluded by us to the maximum extent permitted by law;
- we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these T&Cs or the Contract for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss;
- our total liability to you in respect of all other losses arising under or in connection with these T&Cs or any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £250; and
- you shall indemnify us and keep us indemnified for any and all losses, expenses and liabilities resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, agents, employees or affiliates which arise out of: (i) your breach of these T&Cs; and/or (ii) any third party claims made against us arising out of the provision of the Services to you and/or our presence at the Grounds other than due to our breach of these T&Cs or our negligence.
- If our performance of the Services is delayed or otherwise hindered by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay or hindrance. Provided we do this we will not be liable for delays or non-performance caused by the event. However, if there is a risk of substantial delay or hindrance to the Services, either of us may contact the other to end the Contract. In this case, you will only be required to pay the Charges in respect of the Services provided up to the date of termination.
- Nothing in these T&Cs excludes or limits either our or your liability for:
- OTHER IMPORTANT INFORMATION
- Each of the clauses of these T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these T&Cs, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are dissatisfied with the service received from us, please contact us, using the contact details in clause 12, with your complaint. We will endeavour to resolve this in accordance with our internal complaint procedures. If you are unhappy with our resolution, please let us know. If you remain unhappy with any final resolution, we will provide you with details of an alternative dispute resolution (“ADR”) provider. We do not subscribe to any particular ADR provider and are not obliged to participate in ADR.
- If you are a consumer:
- we may transfer our rights and obligations under any Contract to another organisation. If we wish to make such a transfer, we will either: (a) tell you of this in writing and ensure that the transfer will not affect your rights under the Contract; or (b) contact you to let you know of the replacement organisation. If you are unhappy with the transfer you may contact us to end the Contract within three working days of us telling you about it and we will refund you any payments you have made in advance for Services that have not been performed; and
- each Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If you are a Business:
- the Contract contains the entire agreement between you and us and supersedes all prior written or oral agreements and understandings pertaining to the subject matter of the Contract. Both you and we acknowledge that in entering into the Contract each of you and us has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other in relation to the subject-matter of the Contract at any time before its coming into effect (together “Pre-Contractual Statements“), other than those which are set out in the Contract, provided that nothing in this clause 5.1 shall exclude or restrict the liability of either you or us arising out of our or your (as applicable) fraudulent misrepresentation or fraudulent concealment;
- any notices in relation to the Contract will be delivered: (i) by email or by post in the case of notices by us to you, using the details provided by you in making your order for the Services; and (ii) by email in the case of notices by you to us, using the contact details set out in clause 12;
- no person other than you or us may enforce any of the provisions of any Contract under the Contracts (Rights of Third Parties) Act 1999;
- you may not assign, novate, transfer, sub-licence, declare a trust of, mortgage, charge or deal in any other manner with your obligations under the Agreement, or with any of its rights or obligations under it, without our prior written consent; and
- we may assign, novate, or transfer any of our rights or obligations under the Contract to another legal entity by giving written notice to you.
- GOVERNING LAW AND JURISDICTION
- These T&Cs and the Contract are governed by English law. This means that your purchase and use of the Services, and any dispute or claim arising out of or in connection therewith will be governed by English law.
- If you are a consumer:
- you can bring proceedings in respect of these T&Cs in the English courts. However, as a consumer, if you live in Scotland you can bring legal proceedings in respect of these Terms and Conditions in either the Scottish or the English courts; if you live in Northern Ireland you can bring legal proceedings in respect of these T&Cs in either the Northern Irish or the English courts; and
- you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these T&Cs, including clause 1, affects your rights as a consumer to rely on such mandatory provisions of local law.
- If you are a Business, any dispute arising out of or in connection with these T&Cs, the Contract and/or the Services (whether contractual or non-contractual) will be referred to the exclusive jurisdiction of the English courts.
- Contacting Us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us using the details provided in the confirmation of order email you received where you ordered via the Website or on the Quote. If you have any doubts regarding who you should contact, please email Greensleeves Garden Care Limited on [[email protected]]
Terms and Conditions last updated February 2024