Terms and Conditions of Service

Definitions

‘RVG’, ‘We’, ‘Me’ and ‘I’, refer to Rosalind Vincent, trading as Roz Vincent Garden Advice and Planting Design.

‘The Client’, ‘You’, refer to the person or persons who request RVG to carry out work, being liable to pay RVG fees jointly and severally.

‘Project’, ‘Works’, refer to all preparation, consultancy, construction and planting work.

 ‘Quotation’, ‘Contract’, and ‘Proposal’ refer to the written documents sent to You which incorporate these Terms & Conditions.

General Matters

Acceptance of Terms

By commissioning Me or paying a deposit, you confirm that you have read, understood, and agreed to the following Terms and Conditions.

Client’s Responsibilities

To make all necessary arrangements to enable me by arrangement, to visit and view the garden, to ensure it is safe and that I have proper access to the garden during working hours for the duration of my involvement in the Project. Proper access shall be defined as reasonable passage into the site, both front and rear gardens as may be required by the works schedule, to allow for tools and equipment to pass without undue difficulty.

To provide any necessary facilities to perform the agreed services, including access to water, electricity, use of lavatory etc as required.

To ensure that the site is clear of all hazards and obstructions, including but not restricted to dog and cat faecal matter, toys, and furniture (unless the site precludes such operations), prior to commencing the Works.

To ensure that RVG is fully aware of utilities and underground hazards prior to commencement of the Project. RVG cannot be held liable for any damage to, or costs involved in, any underground hazards, hidden cables, obstructions or services not made known in writing prior to Works commencing.

You will retain legal ownership or equivalent authority for work to be carried out at the property. You agree to obtain any Planning Permission or licences or other consents required for the Project and provide details of any Tree Preservation Orders and any/all other restrictions. You agree that You will cover any fines or damages and indemnify RVG from and against any costs, claims, damages liabilities and expenses arising from any breach of planning permission, tree-work or licences in respect of the project, if these consents are not obtained.

You agree to carry out correct and regular horticultural maintenance to facilitate the ongoing establishment of the garden after completion.

Payment

Preferred method is by BACS, but cash and cheques are accepted. I am not registered for VAT.

Payment will be by You to me either in full or by agreed instalments, as set out in the Proposal/Quotation.

A non-refundable deposit of 50% is required before work begins unless otherwise agreed. This deposit secures your place in my schedule and covers preparatory work. The remaining balance will be invoiced at agreed project milestones, or upon completion.

Payment is due within 7 calendar days of the invoice date unless otherwise agreed in writing.

If payment is not received by the due date:
– A late fee of 10% of the total invoice will be added for each day the payment remains outstanding.
– You are responsible for any reasonable costs I incur in recovering overdue amounts, including third-party collection fees and legal costs.

Booking, Cancellation and Rescheduling

Appointments (including consultations and site visits) are secured once a date is agreed by both parties. Cancellations or rescheduling must be made with at least 48 hours’ notice.

If You opt to delay Works or abandon a Project altogether, the balance of any design fee or outstanding design hours spent will be due to me upon completion of the design stages. All design works commissioned are fully chargeable, whether or not You are prevented from, or decide not to, install any design element.

My Insurance

I have Public Liability to £1,000,000 in place with Simply Business.

Confidentiality

I will treat all personal and business information supplied by You as confidential and not disclose such information to a third party without your prior permission, except where required by law.

Copyright and Intellectual Property Rights

Having first asked your permission to take photographs, those taken by me are copyrighted to me and I reserve the right to use photographs of the garden, before, during and after completion in promotional materials to illustrate my work. Only generic descriptions are used and no material used will include the client’s personal information. However, if a client expressly requests in writing that photographs of their garden are not used, I will agree to such request. All sketches, designs, concepts, plans and documents prepared by me are the intellectual property of RVG and subject to copyright which remains mine notwithstanding the payment in full.

Limitation of Liability

To the extent permitted by law, my liability to compensate you for any loss or damage howsoever caused is limited to my agreed fee.

Without prejudice to the forgoing:

• If you require me to produce only a design and not perform any other services, I shall have no liability for any dissatisfaction you may experience because of the way in which the design is implemented.
• I am not liable if works on site are delayed by other companies employed by the Client, including the Contractor appointed by you, and I reserve the right to reschedule the works and seek from You recovery of reasonable costs incurred as a direct result of delays caused by such companies.
• All start and finish dates are provisional only and are necessarily weather dependent and so may be affected by other causes beyond my control. Dates and timings will be offered in good faith but are not of the essence and no guarantees are or will be given and I shall have no liability in the event of a delayed start or finish date.
• I shall not be liable for any defects, discrepancies or deficiencies in a Contractor’s execution of the design.
• If asked by the Client to move or transplant trees, shrubs or other existing plants on site and if I am willing to do this, this is at the Client’s risk, and no responsibility will be accepted by RVG for the survival of these plants.
• I shall have no liability for any delay of defects in any goods supplied by or workmanship or services provided by or damage caused by your Contractors or any third party, whether recommended by me or not.
• I shall have no liability for the performance of any plants post-installation, unless a specific maintenance agreement is in place.
• I shall have no liability for any indirect or consequential loss or damage, including but not limited to loss of profit, loss of data, or any other economic loss, arising from the performance of any Services.

Changes to Scope of Work

Any significant changes to the agreed brief, site conditions, or requested deliverables after work has begun must be agreed in writing and may be subject to additional charges.

Timelines may be extended to accommodate changes, especially where further meetings or revisions are needed.

Termination

Either party may terminate this agreement in writing if the other materially breaches any term and does not remedy the breach within 7 days of notice. On termination, You will be liable to pay for all work completed to date, including any costs incurred in preparation.

Consumer Complaints

I always endeavour to provide an efficient and wholly satisfactory service to all my clients but if You have a concern or complaint regarding any work carried out or goods supplied by me, I hope that in the first instance you feel you can discuss this with me so that we can address it. If you prefer, please put your concerns in writing by email. I will aim to resolve the matter promptly, but if we are unable to reach an agreement I am very happy to consider a conciliation or mediation service to address your concerns.

Governing Law

These terms are governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the English courts.

Distance Selling Regulations & Off-Premises Contracts

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer and this contract is agreed by email, phone, or off premises (such as during a site visit), you may have the right to cancel the contract within 14 days without giving a reason.

To exercise your right to cancel, you must notify Me in writing (by email or post) within 14 calendar days of accepting the quotation. If you have requested that work begins before the 14-day cancellation period ends, you must provide express written confirmation (usually by email). In doing so, you agree that:

• You waive your right to cancel without cost.
• If you do cancel within the 14 days, you will be charged proportionately for any work already undertaken up to the date of cancellation.
• Your 50% deposit covers this initial preparatory work, including project scheduling, research, communication, and any drawings or documents started during this time.

By requesting early commencement and paying the deposit, you agree to these terms.

Force Majeure

Neither party shall be liable for failure to fulfil obligations due to circumstances beyond their control, such as natural disasters, illness, strikes, or government restrictions. In such cases, an alternative date will be arranged where possible.

Additional Terms and Conditions for Planting Design / Planting Plans

Before I provide any Design Services there will be an initial consultation during which I will visit you at your garden and to discuss your thoughts, ideas and the garden’s potential. This gives you an opportunity to meet and get to know me. There is a £25 charge for the Initial Consultation. Travel over 25 miles from the S21 postcode will be charged at £0.50 per mile.

Design Fees & Payment Schedules

After the Initial Consultation, should you wish to proceed I will provide an Outline Brief for the garden together with a Proposal/Quotation for my services and a schedule of payments. The Proposal/Quotation will be based upon the condition of your garden at the time of my Initial Consultation(s) and valid for 30 days.

The Proposal/Quotation is based on my best assessment of the time it will take me to perform the Design Services requested, if I find that it will take more hours than I estimated to complete the Design Services, these extra hours may be charged for in addition.

Fees described in the Proposal/Quotation may be charged at an hourly rate or a fixed amount for specified work, and any mileage or site visits will be charged as agreed.

I must have your written confirmation (which may be via email) that you accept the Proposal/Quotation and these terms and conditions to enable me to proceed. I will require a non-refundable advance payment of 50% of the Proposal/Quotation at this stage to secure my services.

Stages of the Planting Design Process

Below is a general guide to the process. Depending on the nature and size of the individual project, additional site visits, meetings, discussions and drawing stages may be required.

1. The Garden Survey

An accurate, scale survey of your garden will be required to produce the design. I draw by hand using tracing paper and drawing board, I also apply the labelling and colour by hand. Small, straight-forward, local gardens can often be surveyed by me.

With larger or more complex projects, depending on factors such as topography and the size and scale of the project or the complexity of the site, including existing or proposed structures and ground conditions, it may be necessary for you to engage a specialist land surveyor to carry out the survey, or a building surveyor to advise upon some aspects of the site and the proposed design. If you do not know a surveyor who you wish to appoint then I can recommend a surveyor to whom I refer clients. The contract between You and the surveyor, including fees and payment terms will be an entirely separate contract between You and the surveyor. It is usually beneficial if I meet the surveyor on site on the day of the survey, to discuss the site and any specific requirements You have.

2. The Design

Once the survey is completed, I produce a base plan and a mood board for your approval. I will then create a full-colour, hand-drawn design by an agreed deadline to be shared either at a site meeting or via email. I will retain hold of the master copy.

Where previously discussed, this may include structural elements such as terraces, paths, borders, fences, walls, pergolas, raised bed, water features etc, as well as the planting.

As work progresses, if further discussions, meetings and amendments are required these may be subject to additional charges for work over and above that which was initially estimated and/or agreed but will be discussed with You first.

The final design will include a planting specification which will detail the Latin names and required quantities of the suggested plants

Any amendments requested by You after the final drawing is completed will be charged for.

3. The Construction Stage

Should your agreed plan require hard landscaping, this must be completed prior to planting.

Your Contractor

Although you will have to negotiate and agree the terms of a separate contract between You and the Contractor you wish to appoint to construct the garden, I can assist You when requested on the choice of Contractor to construct the garden. Where available I will recommend Contractors with whom I have had direct experience, but this may not always be possible and whilst my recommendations are made in good faith, I shall have no liability for any defects in the Contractor’s work or goods supplied, or be in anyway liable in the event of a dispute between Client and Contractor.

After you have appointed your Contractor, any changes to the design requested by You during the construction stage may well affect your contract with the Contractor and all resulting cost implications and extensions of time (if any) will need to be agreed between You and the Contractor before You request a change in the design by me.

Self Builds

My advice throughout the build is only valid with a professional, qualified, insured landscaper. You may wish to build the garden yourself, however in this case I accept no responsibility and cannot be held liable for any defects in the work or goods supplied.

Party Walls/Structural Work

Where detailed structural work is involved such as retaining walls, foundations and buildings including matters covered by the Party Walls Act it is recommended that You seek professional advice from a building surveyor and/or structural engineer in addition to your appointed Contractor. I accept no responsibility and cannot be held liable if You do not seek appropriate advice before and during the construction works.

My Role During Construction

Whilst I will not supervise or manage Your Contractor’s works, I will make agreed site visits during the construction works, to liaise between You and the Contractor if you request and to help ensure that construction is progressing in accordance with the design. I will notify you of discrepancies between the design and the actual works being delivered so that you may take steps to rectify such changes as you see fit.

An estimation of the number of anticipated visits will have been given and will be charged as per the agreed cost per site visit. Liaising with the Contractor and You also presents opportunities as the project takes shape, to see if, subject to Your approval, there may be small adjustments or variations that could be made to enhance the final result and is a valuable fine-tuning element of the construction.

Ponds and Water Features

Depending on the size and complexity of a pond or water feature, this may need to be referred to a water specialist for full design, technical specification and installation and may not necessarily be included in the Contractor’s remit. If this is the case then, if requested, I can recommend a suitable specialist You can appoint directly for this aspect of the project.

3. The Planting

This is a separate and optional service, priced separately in the Proposal/Quotation.

High quality plants will be sourced in accordance with the agreed planting specification (subject to availability). I will order, arrange delivery of, set out and plant all items. Any waste generated will be disposed of by You.

Plant deliveries can only be arranged for after any hard landscaping works have been carried out by your Contractor.

Payment in full for plants is required 24 hours before delivery to your garden. All plant delivery charges are charged at cost to You, as charged to me by the nursery. Plant maintenance schedules will be provided upon completion / handover.

If You cancel or terminate the contract, You remain responsible for either, the cancellation costs incurred by me for the goods and plants that RVG has ordered from a supplier (if these can be returned by me), or for full payment of any goods or plants that were ordered prior to cancellation or termination of the contract and which cannot be returned by me to the supplier. Until payment in full has been received for the goods supplied by me, the property and title to the goods including plants remains with RVG and you agree that I am authorised to enter the location where the goods are held to take possession of the goods including plants and, if necessary, remove them.

Supply of Defective Goods & Plants

If at the time of delivery any goods, including plants, have any defect or damage, please contact me immediately. I will either repair or replace as appropriate any which were defective at the time of delivery to you. RVG’s liability is limited to the repair or replacement of such goods by similar goods and with plants of similar age and quality appropriate to the season in which they are replaced. In the event that you do not advise of any defect or damage to goods other than plants within seven days after delivery, you shall be deemed to have accepted the goods.

Completion and Handover

Once the garden is complete, responsibility for the garden falls upon on You. Depending on the size of the garden, the extent of Your horticultural knowledge and available time, I may recommend considering the engagement of a qualified gardener to assist with the future care of the new garden.

Plant Care

I hope that you will be delighted with the results of my work, however, please bear in mind that gardens are living things and in the first 18 months will need care and attention. Gardens are greatly affected by external factors beyond our control, including weather conditions, which can be both extreme and unexpected, and they need time and patience to establish and develop.

All plants, and in particular, grass seed and/or wildflower mixes take time to mature and evolve. In seeded areas stone picking, occasional removing of unwanted perennial weeds and the re-emergence of any naturally occurring, seed beds already present on the site, should be expected.

A detailed maintenance schedule is included in the Design Service, and I am available for one-to-one mentoring sessions which can be quoted for upon request.

After the Hand Over of the garden I cannot accept responsibility for plants dying or becoming damaged due to factors including but not limited to neglect, extreme weather conditions including wind, rain, heat or drought, disease, pest attack, inappropriate watering, a change in soil conditions or fertilisation, and any replacement of failed plants is at my discretion.

Additional Terms and Conditions for Garden Coaching

Pricing will be dependent upon the scope of the request and will generally be a set fee for either a one-off specific “masterclass” session or number of sessions covering a variety of topics. Written notes will be included; however this service does not include planting plans or drawings.

Travel over 25 miles from the S21 postcode will be charged at £0.50 per mile.

The Proposal/Quotation is based on my best assessment of the time it will take me to perform the Services requested, if I find that it will take more hours than I estimated to complete the Services, these extra hours may be charged for in addition.

Additional Terms and Conditions for Garden Consultations / Garden Advice Sessions

Pricing will be dependent upon the scope of the advice required. Whether or not written notes are included will be specified in the quotation, however this service does not include planting plans or drawings unless specifically agreed.

The Proposal/Quotation is based on my best assessment of the time it will take me to perform the Services requested, if I find that it will take more hours than I estimated to complete the Services, these extra hours may be charged for in addition.

Travel over 25 miles from the S21 postcode will be charged at £0.50 per mile.

Additional Terms and Conditions for Pruning / Maintenance Services

Pricing will be dependent upon the size and nature of the job and will be quoted for only once a site visit has been completed to assess the Works. Due to the conditions of my insurance, I am unable to carry out works at height.

No liability for the health of plants following pruning will be accepted.

In some cases, renovation pruning may need to take place over several sessions, in some cases spanning more than one year. In these instances, a schedule of work will be agreed, along with a payment schedule.

All waste generated is to be disposed of responsibly by the client.

The Proposal/Quotation is based on my best assessment of the time it will take me to perform the Services requested, if I find that it will take more hours than I estimated to complete the Services, these extra hours may be charged for in addition.

Travel over 25 miles from the S21 postcode will be charged at £0.50 per mile.

Additional Terms and Conditions for Gift Vouchers

Voucher Duration

Vouchers are valid for a period of 12 months from the date of purchase and cannot be redeemed after this expiry date.

Postal vouchers

Please allow up to 7 days for delivery of a postal gift voucher.

Voucher redemption

Services must be pre-booked. Vouchers can be redeemed by phone, online or email. Redemption contact details are provided on the voucher.

Refunds

Vouchers are non-refundable other than within the 14-day cancellation period as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. No change or credit will be given should the voucher value exceed the total cost of the service.

Monetary vouchers

Monetary vouchers can be used for part or full. If the cost exceeds the amount of the gift voucher, the balance must be paid in full at the point of booking.

Transfer

Vouchers are non-transferable and cannot be exchanged for cash.

Lost or stolen vouchers

Lost, stolen or destroyed gift vouchers will not be exchanged or refunded.

Cancellation

In the unlikely event that a service needs to be cancelled, a new gift voucher shall be issued and shall be valid for a further 12 months. In the event that a service is cancelled by a voucher holder, no refund shall be given.