Terms and Conditions (Landscaping – B2C)

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of landscape services by Premier Group Scotland Ltd (“the Trader”) to customers who require gardening services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions apply only where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation 
   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1. Information about Us
   1. We are a Limited Company.
   2. We are registered in Scotland under number SC655925.
   3. Our registered office is at Unit B, 19 Hogg Street, Airdrie ML6 9JH.
   4. Our VAT number is 343805112.

1. Communication and Contact Details
   1. If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01236 914430 or by email at info@premiergroupscotland.co.uk.
   2. In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
      1. contact Us by email at info@premiergroupscotland.co.uk.
2. Orders
   1. We accept orders through telephone, social media, and our website.
   2. Provide clear details about the garden size, required services and specific plants or trees when placing an Order. 
   3. When more information is received from You, as per Clause 4.2, We shall arrange to visit your Property.  We shall then provide a detailed description of the layout which consists of a virtual animation. If you choose not to proceed, a fee may be charged to cover the cost of producing the animation.  This shall be confirmed in advance.
   4. Once the Order is complete and submitted to Us, We will prepare a Quotation and send it to You either by email. The Quotation will set out the required Deposit and fee (see Clauses 5 and 6).
   5. Before You accept the Quotation, You may make changes to the Order and may request changes to the Quotation by amending the Quotation to show the requested changes. We may then revise the Quotation to incorporate any or all amendments made to it by You.
   6. If You wish to make any change/s to Your Order after accepting the Quotation, please contact Us and We will tell You whether or not the change/s can be accommodated. We will tell You of any changes to the fees payable as a result and We will provide a revised Quotation where We decide that We can accommodate the change/s that You requested. You may then accept that revised Quotation. 
   7. When You have accepted the Quotation or, where applicable, the revised Quotation, and You have paid the Deposit, a legally binding contract between You and Us will be at that time come into effect requiring Us to provide the landscape Services and for You to pay for them. 
   8. The issue, receipt or acceptance of an Order or Quotation or any revised Order or Quotation by You or Us shall not have any legally binding effect on You or Us unless and until an Agreement is signed and dated by both You and Us and You have paid the Deposit.

1. Deposit
   1. At the time of accepting the Quotation, depending on the nature of the work and any specialist Products required in advance, We will require You to pay Us a Deposit. The Deposit will be confirmed on the Quotation. 
   2. If You cancel the landscape Services, We may retain some or all of the Deposit as set out in Clauses 13, 14 and 15.

1. Fees and Payment
   1. The Quoted Fee will include the price payable for the landscape Services and for the Products that We estimate are required.
   2. We will, where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however, if additional Products are required, We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without Your agreement.
   3. If the price of Products or services that We need to procure increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee. If You do not wish to accept the increase, You may cancel the Agreement by giving Us notice in writing and receive a full refund of all sums paid including, where applicable, the Deposit.
   4. The Quoted Fee and the Final Fee are inclusive of any VAT chargeable. If the rate of any such VAT changes, We will adjust the amount of VAT that You must pay.
   5. We will invoice You in accordance with the details contained within the Quotation provided to You.
   6. You must pay any invoice on or before the due date as specified within said Invoice.
   7. If You do not pay an invoice by the due date, We may charge You interest on the overdue sum at the rate of 8% above the base rate of Bank of Scotland from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
   8. If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.

1. Landscape Services
   1. We will provide the landscape Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement in writing between You and Us from time to time).
   2. We will use reasonable endeavours to ensure that the Products We use match those chosen by You. Given the nature of plants, trees, shrubs and similar, there may be slight variations to the same Products as a result of differences between photographs, catalogues and other materials, and the Products themselves. Product packaging, where applicable, may vary. There may also be minor technical differences with certain Products that will not affect Your use of them. If different Products are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products, You may cancel the Agreement and receive a full refund of all sums paid including, where applicable, the Deposit.
   3. We will ensure that the landscape Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
   4. We will not be responsible for any damage or issues caused by:

• Adverse weather conditions, including storms or flooding;
• Damage due to tree roots or the use of heavy machinery;
• Natural wear and tear or weathering of garden surfaces;
• Plant health issues beyond our reasonable control.

1. We provide a standard 5-year guarantee for our work. This guarantee does not cover any issues listed under Clause 7.4.  
2. You may purchase an extended lifetime guarantee, which can be provided separately.  
3. Certain materials or equipment may carry manufacturer warranties.  These are separate from Our own guarantee.  We are not responsible for manufacturer defects.
4. Following completion, You are responsible for maintaining all plants, turf and garden features.  Failure to water, feed or maintain these items in line with standard gardening practices may invalidate any applicable guarantees.
5. We will ensure that no parts of the Property suffer damage as a result of Our provision of the landscape Services. We will at Our expense make good any damage that occurs at no additional expense to You as soon as is reasonably possible. 
6. We will properly dispose of all waste that results from Our provision of the landscape Services.
7. Where a Job is to last for more than one working day, We will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

1. Faulty Products

8.1 If any products We supply are found to be defective or incorrectly described, please contact Us using the details in Clause 3.

8.2 You may be entitled to a repair, replacement or refund in accordance with your statutory rights.

8.3 This does not cover defects caused by misuse, neglect or factors beyond Our control.

1. Problems with Our Service
   1. If there is a problem with the result of the landscape Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the landscape Services, or to get a price reduction if this is not possible.
   2. We always use reasonable efforts to ensure that Our provision of the landscape Services is trouble-free. If, however, there is a problem with the landscape Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the landscape Services as quickly as is reasonably possible and practical.
   3. We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
   4. As a Consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
   5. If We do not perform the landscape Services and complete the Job with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price;
   6. If the landscape Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the landscape Services), You have the right to a reduction in price.

1. Your Obligations
   1. If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before we begin to provide the landscape Services.
   2. We may ask you to move or remove certain furniture, fixtures and fittings or other items at the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.
   3. You will ensure that the We can access the Property at the Agreed Times sufficient to provide the landscape Services.
   4. You may either give Us a set of keys to the Property or be present at the Agreed Times to give Us access. We promise that all keys will be kept safely and securely by Us.
   5. If You do not provide the necessary access to the Property or make it impossible for Us to provide the landscape Services by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
   6. You must ensure that we have access to electrical outlets and a supply of hot and cold running water.

1. Complaints and Feedback
   1. We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
   2. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      1. By email at info@premiergroupscotland.co.uk;
      2. By telephone at 01236 914430.

1. Changing the Start Date
   1. If You ask Us to change the Start Date:
      1. We will where reasonably possible agree a revised Start Date with You; 
      2. If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).
   2. If We ask You to change the Start Date, You may either:
      1. agree a revised Start Date with Us; or
      2. terminate the Agreement (see Clause 15).

1. Cancellation of Contract During the Cooling Off Period
   1. Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends.
   2. If You wish to cancel the Agreement within the cooling off period, You should inform Us immediately in writing via email.  
   3. If You cancel after the Services have begun, You will be charged for any work completed up to that point.  
   4. If the Start Date falls within the cooling off period, You must make an express request for provision of the landscape Services to begin within the 14-calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request, You acknowledge and agree to the following:
      1. If the Job is completed within the 14-calendar day cooling off period, You will lose the right to cancel once the Job is completed;
      2. If You cancel the Agreement after provision of the landscape Services has begun, You will be required to pay for the landscape Services and any Products that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel; 
      3. The amount due will be calculated in proportion to the full price of the landscape Services and the actual landscape Services already provided. Any sums that have already been paid for the landscape Services will be refunded subject to deductions calculated on this basis; 
   5. Clause 14 applies to termination of the Agreement after the 14-calendar day cooling off period has elapsed.

1. Cancellation Outside of the Cooling Off Period
   1. In addition to Your rights in Clause 13 relating to the cooling off period, You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date (if relevant):
      1. You will receive a full refund if you cancel more than 7 days before the Start Date.  
      2. If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and less than 48 hours before the Start Date, We will retain from the Deposit, if applicable, a sum to cover any net financial loss that We suffer due to the cancellation. If Our net financial loss is more than the amount of the Deposit (and/or if no Deposit has been paid), We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6. 
   2. We may also cancel due to events beyond our control or unavailability of materials or staff, with a full refund given in such cases.

1. Termination 
   1. You may terminate the Agreement with immediate effect at any time by giving Us written notice if:
      1. We have breached the Agreement in any material way and have failed to remedy that breach within 14 days of You asking Us in writing to do so;
      2. We enter into liquidation or have an administrator or receiver appointed over Our assets;
      3. You and We have been unable to agree a revised Start Date or You elect to terminate the Agreement under Clause 12;
      4. We are unable to provide the landscape Services due to an event outside of Our control (see Clause 17).
   2. We may terminate the Agreement with immediate effect by giving You written notice if:
      1. You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8); 
      2. You have breached the Agreement in any material way and have failed to remedy that breach within 7 days of Us asking You in writing to do so; or
      3. You and We have been unable to agree a revised Start Date under Clause 12;
      4. You do not provide Us with access to the Property and We have been unable to contact You to re-arrange the landscape Services under sub-Clause 10.5;
   3. For the purposes of this Clause 15 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
   4. If at the termination date:
      1. You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any landscape Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of Your breaking the Agreement if We terminate it under sub-Clauses 15.2.1, 15.2.2, or 15.2.4;
      2. We have provided landscape Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

1. Effects of Termination
   1. If the Agreement is terminated for any reason:
      1. Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
      2. Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

1. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control (“Force Majeure”). Such Force Majeure causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, or other natural disaster, or any other similar or dissimilar event that is beyond Our reasonable control .

1. Liability
   1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
   2. We will maintain suitable and valid insurance including public liability insurance.
   3. We provide landscape Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
   4. If We cause any damage to the Property or anything in it, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the landscape Services.
   5. We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us.
   6. Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

1. How We Use Your Personal Data (Data Protection)

We will only use Your personal data as set out in Our Privacy Policy available from https://premiergroupscotland.co.uk/privacy-policy/.

1. Other Important Terms

We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.

1. Regulations and Information
   1. We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed by You) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before You accept the Quotation and sign the Agreement. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
   2. As required by the Regulations:
      1. all of the information described in sub-Clause 21.1; and
      2. any other information which We give to You about the landscape Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the landscape Services,

will be a part of the terms of Our contract with You as a Consumer.

1. Law and Jurisdiction

These Terms and Conditions, the Agreement, and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Scotland.