Terms & Conditions

1. These terms

1.1 What do these terms cover? These are the terms and conditions on which we supply our services to you.  We apply services to lawns and hard surfaces.  Where we mentions lawns in relation to these terms and conditions we are usually referring to hard surfaces as well.

1.2 Why you should read them. These terms tell you who we are,  how we will provide 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.

2. Information about us and how to contact us

2.1 Who we are. We are Greenheart Trading Ltd trading as GreenHeart Lawn Care. 

2.2 How to contact us. You can contact us by telephone or email at info@greenheartlawncare.co.uk or using the contact information shown on our contact/enquiry page on the website. Postal address Greenheart Trading Ltd, Larcombe Farmhouse, Diptford, Totnes, TQ9 7PD

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.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when you accept a written quote in writing or you accept our written order usually provided at the time we visit to assess your lawn and discuss our options for lawn care with you.  At this point, a contract will come into existence between you and us.  We may or may not seek your signature on the order form we leave with you but this shall not be of the essence

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the service. This might be 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 service or because we are unable to meet a delivery deadline you have specified.

4. Our services

4.1 Our services will be as detailed on our website and materials. Typically our services involve processes undertaken on your lawn and hard surfaces and you are paying for these processes to be done. However, you acknowledge and agree that because the service involves natural processes the duration of and the result of the service will be subject to variation (including due to ground conditions and weather).

5. Our rights to make changes

5.1 We may change the service to reflect changes in relevant laws and regulatory requirements. Such changes will not normally impact the outcome of the service, but if we anticipate that it will, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

6. Providing the services

6.1 We will endeavour to begin the services on any approximate date agreed with you during the order process however time of performance shall not be of the essence unless we specifically agree in writing in advance. The estimated completion date for the services is as told to you during the order process.
6.2 We are not responsible for delays outside our control such as the weather. If our supply of the services is delayed by an event outside our control, 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 services you have paid for but not received.

6.3 If you do not allow us access to provide services. If you do not allow us or our suppliers 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 9.2 will apply.

6.4 Before we begin the services, please ensure that there is sufficient access to all lawns and hard surface areas and that the available space is suitable for us to transport products, equipment and machinery (“the equipment”) to all lawns. Please move fragile objects which could be damaged during transport to the lawns, such as lights, pots, ornaments and furniture or other obstacles. Our staff are not permitted to and will not: remove doors, gates, fences, windows, doorframes or other fixtures or fittings to complete the transport of the equipment to your lawns. We will not be liable for any damage caused to the property.

6.5 Every effort will be made to transport the equipment to your lawns, provided it is safe and practical to do so. However, if our staff believe it is unsafe, likely to cause damage or impractical to transport the equipment to your lawns, then they will let you know and complete the services only on those lawns where access is safe and practical. We will not lift heavy equipment over obstructions regardless of the appearance of ease with which that should or could be done. If access to all of your lawns is unsafe or impractical then clause 9.2 will apply.

6.6 You must arrange for appropriate access to your lawns before we begin the services. Our staff do not carry any specialised lifting equipment and will not remove their footwear whilst transporting equipment to your lawns. Our staff will take reasonable care when transporting the equipment to your lawns. If you are concerned about possible damage to flooring, please make sure you cover the flooring with protective sheets.

7. Your rights to end the contract. &.1 applies to Annual Lawn treatment Programmes specifically. 7.2-7.5 applies mainly to all other Greenheart Lawn Care services

7.1 You can cancel any contract for Annual Lawn Treatments at any time, subject to 9.1 below, in writing or by telephoning Greenheart Office and informing us of your intention to cancel.

Concerning Annual lawn treatment programmes, if you cancel after we have provided some or all of the services, you must pay us in full for the services provided up until the time you tell us that you wish to cancel.  We will provide you with a calculation based on the proportion of the contract fulfilled at the time of cancellation in relation to the full contract provision.  You will either be due a refund or have to make a balancing payment if, for example, your monthly direct debit payments to date have not covered the amount owed at the date of cancellation.

7.2 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) If what you have bought is faulty or misdescribed you may have a
legal right to end the contract (or to have the service re-performed or to get some or all of your money back), see clause 10; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; (c) If you have just changed your mind about the service, see clause 7.3. You may be able to get a refund if you are within
the cooling-off period, but this may be subject to deductions;

7.3 Ending the contract because of something we have done or are going to do. 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 and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 5); (b) we have told you about an error in the price or description of the service 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 more than 30 days; or (e) you have a legal right to end the contract because of something we have done wrong.

7.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought off-premises, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.5 How long do I have to change my mind? You have 14 days after the day we confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

7.6 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of (a) services, once these have been completed, even if the cancellation period is still running; (b) any products which become mixed inseparably with other items after their delivery.

(c) Mechanical services which have been reserved for a specific date and you are trying to cancel within 4 weeks of the date of the booking.  Cancellations within this timeframe will be subject to 25% of the total fee of the services or £100 whichever is the smaller.

8. When your refund will be made.

8.1 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.

9. Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for a service 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 14 days of us reminding you that payment is due; (b) you do not, within a reasonable time, allow us access to your premises to supply the services.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will not refund any money you have paid in advance for services and will retain this as compensation for the net costs we will incur as a result of your breaking the contract.

10. If there is a problem with the service

10.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone us at the number shown, or write to us at the email or postal address shown on the website.
10.2 Summary of your legal rights. We are under a legal duty to supply services that conform with this contract.
Nothing in these terms will affect your legal rights.

11. Price and payment

11.1 Where to find the price for the service. The price for the service (which will include VAT if it applies) will be the price indicated on your order form.  We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 11.3 for what  happens if we discover an error in the price of your order. 11.2 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 service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order but where we believe we have made a mistake and the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the error is that the service’s correct price at your order date is higher than the price stated to you, we will contact you to inform you of our error and for your instructions on whether to proceed with the order at the new price.

11.4 When you must pay and how you must pay. We accept payment by Direct Debit when this option is given to you and with most credit and debit cards, bank transfers or cheques. You must pay each invoice within 14 calendar days after the date of the invoice.

11.5 Payment for services other than Annual Lawn Treatment Programmes.  We may ask for an advance payment of 25% or £100 whichever is the lower of the price of any lawn make-overs and mechanical services such as aeration and scarification, one month before we start providing them. This payment will be invoiced approximately 1 month before the date of expected delivery of service.  This payment is then deducted from the final invoice on completion of the service. If you cancel a mechanical service after the advance payment is invoiced it is not refundable except at the discretion of Greenheart Lawn Care.  If we fail to provide the service for any reason and any payment has been received we will provide you with a full refund within 28 days.

11.6 We can charge interest if you pay late. If you do not make any payment to us by 28 days after the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of Barclays Bank from time to time.

12. Our responsibility for loss or damage suffered by you

12.1 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.
12.2 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 services and for defective products under the Consumer Protection Act 1987.
12.3 When we are liable for damage to your property. If we are providing services in 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. Nor will we be liable for any damage to wires, cables, pipes or anything else which is not clearly visible on the surface of your lawn or hard surface areas, unless you have notified us in advance of the precise location of such objects.

12.4 We are not liable for business losses. If you use the services 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.

13. How we may use your personal information

13.1 How we will use your personal information. We will use the personal information you provide to us: (a) to supply the services to you; (b) to process your payment for the services; and (c) if you agreed to this during the order process, to give you information about similar products or services that we provide, but you may stop receiving this at any time by contacting us. 13.2 We will only give your personal information to third parties where the law either requires or allows us to do so. We will not sell or give your personal information to any third party.

13.3 Using photographs and personal information.  We take photographs of customers lawns for the purposes of our records and discussions on appropriate treatments and programmes.  From time to time we may use these photographs of our services or the results therein as testimonials for marketing and promotion purpose. If the customer does not want this to be done we will refrain from these actions in their case.

14. Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another lawn care business.

14.2 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.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part or specific terms 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.
14.5 Even if we delay 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 services, we will still require you to make the payment at a later date.

14.6 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 services in the English courts

Annual Lawn Treatment Programmes

Where the specific services being provided apply to part or all of an order or contract for an Annual Lawn treatment programme.

1. Definitions

In these terms and conditions, ‘the Supplier’ means the Greenheart Trading Ltd trading as Greenheart Lawn Care whose details are printed overleaf. ‘You’ means you, our customer; ‘The Treatments’ means the supply of lawn care services and application of products agreed between the Supplier and You; ‘Contract’ means the contract for the supply of the Treatments between you and the Supplier.

2. Supply of treatments

Acceptance of an annual programme order will be acceptance of continual service until you inform us that you which to cancel or terminate the service.  Your renewal date will be the first of the month 12 months from the start of the contract and you will be informed of your renewal date at the beginning of the contract.   The Supplier will exercise reasonable skill and care in the performance of the Treatments. The supplier shall attempt to meet any approximate times of visits for treatments which are informed or scheduled in advance. Any times scheduled for the provision of the Treatments are approximate only and the time of performance shall not be of the essence unless specifically agreed upon by the Supplier.  It is not unusual for us to reschedule previously arranged visits due to weather conditions and the impact current weather is having on our workload.  We may not be able to inform you we are coming as arranged but we will contact you to rearrange a subsequent appointment.

3. Performance of treatments

If the Treatments have not been performed with reasonable care and skill or have failed due to the Supplier’s fault, then the Supplier shall either perform remedial action at no cost to you or refund the price paid for the specific treatment in question. Your statutory rights are unaffected.

4. Price and payment

The price for the Treatments is that shown on the quote or order form which was accepted and may or may not have been signed by you, issued by the Supplier or otherwise notified by the Supplier to You. The price is payable by you either by Pre-payment or Direct Debit or, if not, within 14 days of the date of the Supplier’s invoice.  We only agree to payment each visit in limited cases and in advance. Quoted prices may be increased from time to time on written notice from the Supplier to You or following a renewal letter. If You cancel a Direct Debit whilst owing any money to the Supplier, the Supplier shall invoice you for the amount due or if the Supplier has not performed any Treatments paid for in advance, an appropriate refund will be made to You.

Use of this website

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern GreenHeart Lawn Care's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘GreenHeart Lawn Care’ or ‘GreenHeart's’ or ‘us’ or ‘we’ refers to the owner of the website whose company name and registered office is Greenheart Trading, Larcombe Farmhouse, Diptford, Totnes, TQ9 7PD. Our company registration number is 07341026. The term ‘you refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, then you are accepting the use of our cookies.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website that is not the property of, or licensed to, the operator is acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be an offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.