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Jack Llewellyn Garden Design & Gardening Services

These Terms & Conditions apply to gardening, horticultural, planting and garden design services provided by Luke John Jack Llewellyn trading as Jack Llewellyn Garden Design & Gardening Services (“we”, “us” or “our”).

By accepting a quotation or instructing us to proceed with work after being provided with these Terms & Conditions, the client agrees to them.

1. Quotations

All quotations are valid for 30 days unless otherwise stated.

Quotations are based on the information and site conditions reasonably available at the time they are prepared. If unforeseen circumstances, concealed conditions or additional requirements become apparent, we will discuss these with the client before carrying out additional chargeable work wherever reasonably possible.

2. Scope of Work

Work will be carried out in accordance with the accepted quotation, design proposal or other written agreement.

Any additional work, alterations or services requested by the client outside the agreed scope may be charged separately.

Where work is charged by time rather than a fixed quotation, the final cost will reflect the time and materials reasonably required to complete the work.

3. Garden Design Services

Garden designs may include hand-drawn plans, planting plans, 3D CAD designs, visualisations, specifications and other design material as agreed.

Plans and 3D visualisations are intended to communicate the proposed design and should not be treated as structural, architectural, engineering or land-surveying drawings unless expressly stated otherwise.

3D visualisations are illustrative. The appearance of plants, materials, colours, levels and mature gardens may differ from computer-generated or hand-drawn representations.

Measurements will be taken with reasonable care, but contractors responsible for construction or installation should verify critical dimensions on site before ordering materials or beginning work.

Where specialist structural, drainage, electrical, arboricultural, planning or engineering advice is required, this may need to be provided by an appropriately qualified third party.

4. Design Approval

The client is responsible for reviewing plans, specifications and planting proposals before approving them.

Once a design has been approved, significant changes requested by the client may require additional design work and may be charged separately.

We will not be responsible for costs arising solely from changes made by the client or another contractor after a design has been approved.

5. Copyright and Use of Designs

Unless otherwise agreed, copyright in drawings, CAD designs, planting plans, visualisations and other original design work remains with Jack Llewellyn Garden Design & Gardening Services.

Following full payment, the client is granted permission to use the design for the property and project for which it was commissioned.

Designs may not be reproduced, resold or used for another property or commercial purpose without prior written permission.

Editable CAD files and other working/source files are not included unless specifically agreed.

6. Third-Party Contractors

Where we recommend an independent contractor, supplier or specialist who is subsequently employed directly by the client, the contract for that work is between the client and that third party.

We cannot guarantee the workmanship, pricing, availability or performance of independently appointed contractors.

Where a subcontractor is appointed directly by us as part of our own contracted service, this clause does not affect our legal responsibilities for the service we have agreed to provide.

7. Access to the Property

The client must provide safe and reasonable access to the areas where work is required.

Vehicles, furniture, toys, ornaments, pet equipment and other obstacles should be removed where reasonably practicable before work begins.

Pets and livestock should be kept safely away from working areas, machinery, tools and materials.

Additional time caused by restricted or unsuitable access may be chargeable where reasonable.

8. Health and Safety

We reserve the right to postpone, modify or stop work where continuing would create an unreasonable health and safety risk.

This may include unsafe structures, dangerous ground conditions, extreme weather, electrical hazards, aggressive animals, hazardous materials or other risks that were not reasonably apparent when the work was quoted.

Work will resume when it is reasonably safe to do so.

9. Weather and Delays

Gardening and landscaping work is weather dependent.

Heavy rain, high winds, extreme temperatures, frozen ground or other unsuitable conditions may require work to be postponed.

We will make reasonable efforts to rearrange affected work and keep the client informed.

We are not responsible for delays caused by circumstances genuinely outside our reasonable control.

10. Wildlife

All work will be carried out with due regard for applicable wildlife legislation.

Hedges, shrubs and trees may be checked for signs of active nesting birds before cutting where appropriate.

If an active nest or other protected wildlife is discovered, work may be stopped, altered or postponed until it can lawfully and safely continue.

Any resulting change to the programme will not constitute a failure to provide the agreed service.

11. Protected Trees, Hedgerows and Permissions

The client must tell us about any known Tree Preservation Orders, conservation-area restrictions, planning conditions, restrictive covenants, tenancy restrictions or other legal limitations affecting the proposed work.

Unless we have specifically agreed in writing to obtain permissions on the client's behalf, responsibility for obtaining necessary permissions remains with the property owner or client.

We reserve the right to refuse work where we reasonably believe the proposed work may be unlawful or require permission that has not been obtained.

12. Hedge Cutting, Pruning and Plant Response

Hedge cutting and pruning will be carried out with reasonable care and in accordance with appropriate horticultural practice.

Plants are living organisms and their response to cutting or pruning cannot be guaranteed. Age, previous pruning, disease, drought, weather, soil conditions, pests and the internal condition of a hedge or plant can all affect its subsequent appearance, growth and health.

Where a client requests particularly severe pruning or cutting beyond what we recommend, we may refuse the work or record our advice before proceeding.

Hedge cutting and routine gardening do not constitute a formal arboricultural inspection or tree-safety assessment.

13. Plant Health and Establishment

Plants supplied or planted by us will be selected and handled with reasonable care.

However, plant establishment and long-term survival depend upon many factors outside our control, including watering, weather, soil conditions, pests, disease, animal damage and subsequent maintenance.

Unless an individual quotation includes a specific plant guarantee or maintenance arrangement, we cannot guarantee the long-term survival or performance of plants after planting where failure is not caused by a lack of reasonable care and skill on our part.

Clients are responsible for following any watering and aftercare advice provided.

14. Plant Availability and Substitutions

Plants are natural products and their size, shape and appearance will vary.

Plant availability can also change seasonally and at short notice.

Where a specified plant becomes unavailable, we will normally discuss an appropriate substitute with the client before making a significant substitution.

Minor variations in plant size or appearance are to be expected.

15. Pests, Diseases and Biosecurity

Reasonable horticultural practices will be used to reduce the risk of spreading pests and diseases.

However, pests and diseases may already be present within plants, soil or neighbouring vegetation without visible symptoms and may also spread naturally through wind, wildlife, water or other environmental processes.

We are not responsible for the subsequent appearance or spread of a pest or disease where it was not reasonably detectable and was not caused by a failure to exercise reasonable care and skill.

16. Underground and Concealed Services

Clients must inform us of any known underground or concealed services before work begins.

These may include electrical cables, irrigation systems, drainage, water pipes, gas pipes, lighting cables, communication cables, invisible dog fencing or other services.

Reasonable care will be taken when digging, staking, edging or carrying out other ground work.

We are not responsible for damage to services that were concealed, incorrectly marked or not disclosed to us where we have taken reasonable care.

Nothing in this clause excludes responsibility for damage caused by our negligence.

17. Existing and Fragile Property

The client should identify fragile, valuable or easily damaged items before work begins and remove portable items from the working area where possible.

This includes garden ornaments, lighting, pots, furniture, glazing, sculptures and decorative items.

We will exercise reasonable care around existing property but cannot accept responsibility for pre-existing defects, deterioration or damage resulting from an item being inherently unstable or unsafe where this was not reasonably apparent.

18. Waste Removal

Waste removal is included only where stated in the quotation or otherwise agreed.

Where waste is removed by us, it will be handled and disposed of through an appropriate lawful route.

Unless agreed otherwise, soil, rubble, construction waste, hazardous materials and unusually large quantities of waste are not included within routine green-waste removal.

19. Water and Electricity

Where reasonably necessary to undertake the agreed gardening work, the client agrees to provide reasonable access to an external water supply and domestic electricity supply unless alternative arrangements have been agreed.

We will use these responsibly and only as reasonably required for the work.

20. Parking

The client should provide or identify suitable legal parking reasonably close to the property where possible.

Any parking, permit or congestion charges specifically incurred in carrying out the work may be added to the invoice where this has been agreed or reasonably communicated beforehand.

21. Prices, Materials and Payment

Payment terms will be stated on the quotation or invoice. Unless otherwise stated, invoices are payable within 7 days.

Materials, plants or other significant purchases may require payment in advance or a deposit.

Ownership of separately supplied goods and materials remains with us until they have been paid for in full, so far as legally applicable.

For business clients, we reserve the right to exercise statutory rights relating to qualifying late commercial payments.

For domestic consumers, overdue invoices may be pursued together with reasonable recovery costs or interest only where legally recoverable.

Further work may be postponed while an undisputed invoice remains overdue.

22. Cancellations and Rescheduling

We appreciate that plans change and ask clients to give as much notice as reasonably possible when cancelling or rescheduling work.

Where a client cancels work after we have incurred costs specifically for their project, they may be required to pay reasonable costs already incurred, including specially ordered materials that cannot reasonably be returned.

Where very short notice results in a genuine and unavoidable loss of reserved working time, we reserve the right to recover a reasonable amount reflecting our actual loss.

This does not affect any statutory cancellation rights available to consumers.

23. Consumer Cancellation Rights

Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply — including certain contracts agreed at a client's home or at a distance — a consumer will normally have 14 days from entering into the service contract in which to cancel it.

Where the client specifically asks us to begin providing services during this cancellation period, work may commence once the appropriate request has been made.

If the client then cancels during the cancellation period, they may be required to pay a reasonable proportion for services already supplied, where permitted by law.

Where a service has been fully performed during the cancellation period following the consumer's express request and acknowledgement, the statutory right to cancel may cease where the law provides for this.

Nothing in these Terms & Conditions limits a consumer's statutory rights.

24. Liability

We will provide our services with reasonable care and skill.

We are responsible for reasonably foreseeable loss or damage caused by our breach of contract or negligence.

We are not responsible for loss or damage arising solely from:

• inaccurate or incomplete information supplied by the client;

• pre-existing faults or unsafe conditions;

• concealed services that could not reasonably have been identified;

• a client's failure to follow reasonable aftercare instructions;

• work altered or carried out by third parties independently employed by the client;

• a client proceeding against our recorded professional or horticultural advice; or

• events outside our reasonable control.

Nothing in these Terms & Conditions excludes or restricts liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or the client's statutory consumer rights.

25. Photography

We may photograph work for record-keeping purposes.

Photographs will only be used publicly for our website, portfolio, social media or marketing with the client's permission where the property or client may reasonably be identifiable.

Personal information, house names, addresses and other identifying information will not intentionally be published without permission.

26. Complaints and Problems

If a client is unhappy with any aspect of our work, they should contact us as soon as reasonably possible.

Where appropriate, we should be given a reasonable opportunity to inspect the issue and, where we are responsible, put the matter right.

This does not affect the client's statutory rights.

27. Insurance

We maintain relevant business insurance appropriate to the services we provide. Details of applicable cover can be provided upon request.

28. Changes to These Terms

The Terms & Conditions applying to a particular project will normally be those supplied to the client when the quotation or agreement was accepted.

Any later changes published on our website will not retrospectively alter an existing contract unless agreed by both parties or required by law.

29. Governing Law

These Terms & Conditions and any contract between us and the client are governed by the laws of England and Wales.

Nothing in this clause removes any mandatory rights a consumer may have regarding where proceedings may be brought.

30. Acceptance

By accepting a quotation or otherwise instructing Jack Llewellyn Garden Design & Gardening Services to proceed after having been given reasonable access to these Terms & Conditions, the client confirms their acceptance of them.

Last updated: 29 August 2026