Naturally Inspired Garden Design
Terms of Business
Effective June 2026
1. THESE TERMS
1.1 What these Terms cover. These are the terms and conditions on which we will carry out the garden design, planting, irrigation and garden services we agree to provide to you.
1.2 Why you should read them. Please read these Terms carefully before you confirm your Order with us. They tell you who we are, how we will provide services, how either of us can change or end the contract, what to do if there is a problem, and other important information. If you have any questions, please contact us.
1.3 Definitions. The following definitions apply throughout these Terms:
Completion Date means the date the Services are intended to be completed as agreed between us.
Consumer means any person who enters into a contract with us for domestic and non-business purposes only.
Contract Sum means the total sum owed to us under the contract as described in Clause 5.
Order means your instruction to us agreeing the Quotation on these Terms.
Order Date means the date on which we confirm that we accept your Order.
Quotation means the written estimate together with any plans and/or drawings provided by us for the completion of the Services.
Services means the garden design, planting, irrigation or garden services work to be carried out by us as set out in the Quotation.
Site means the location where the Services are to be performed.
Start Date means the date that we shall commence the Services.
Writing / written includes emails.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Tom Winter, trading as Naturally Inspired Garden Design, a sole trader based in North West London providing garden design, planting, irrigation and garden services to residential clients.
2.2 How to contact us. You can contact us by phone or WhatsApp on 07476 818107 or by email at tom@naturallygd.com. Our website is www.naturallygd.com.
2.3 How we will contact you. We will contact you by phone or by writing to you at the email or postal address you have provided.
2.4 UK services only. Our services are provided within the United Kingdom only.
3. QUOTATION
3.1 Site Visit. Before providing a Quotation we will, in most cases, arrange a visit to the Site to assess the garden and agree the scope of work.
3.2 Timescale. We aim to provide a Quotation within 10 working days of the Site Visit.
3.3 Validity. A Quotation is valid for 90 days from the date we send it. After this it will expire and we may need to issue a revised Quotation.
3.4 What is included. Only the Services described in the Quotation are included. Any additional materials or labour required for work outside the Quotation will be priced separately.
3.5 Changes to the Quotation. The Quotation is our best estimate based on the information available at the time of the Site Visit. We may revise the Quotation if we discover conditions at the Site that were not apparent during the initial visit.
3.6 Hazards. We will make allowance for known hazards notified to us before submitting the Quotation. If we discover additional hazards during the Services, we will provide a revised Quotation before proceeding with any additional work.
3.7 Our Intellectual Property. Any drawings, planting plans or designs provided free of charge for the purpose of a Quotation remain our intellectual property. Please do not reproduce or share these with third parties without our prior written consent.
3.8 Your Intellectual Property. Any drawings, planting plans or designs provided as part of our paid services become your intellectual property once payment has been received in full.
4. OUR CONTRACT WITH YOU
4.1 Accepting your Order. Once you are satisfied with the Quotation, confirm your acceptance by phone or in writing. We will then confirm the Start Date. Our confirmation, the Quotation, and these Terms together form the contract between us.
4.2 If we cannot accept your Order. If we are unable to accept your Order for any reason, we will let you know as soon as possible.
5. PRICE AND PAYMENT
5.1 Deposit. We reserve the right to require a deposit of up to 30% of the Contract Sum before the Start Date. This will be stated in the Quotation.
5.2 Payment. The balance of the Contract Sum is invoiced on completion of the Services, or on an interim basis for longer projects (typically weekly in arrear). Each invoice is payable upon presentation. We accept payment by bank transfer.
5.3 Additional costs. Any additional costs arising from agreed changes, or from the discovery of unforeseen conditions at the Site, will be invoiced separately and are payable upon presentation of the invoice.
5.4 Late payment. If you do not pay an invoice by the due date, we may charge interest at 8% per year, accruing daily from the due date until the date of actual payment.
5.5 Disputed invoices. If you believe an invoice is incorrect, please contact us as soon as possible. Interest will not accrue on a genuinely disputed amount until the dispute is resolved. Interest on correctly invoiced sums will accrue from the original due date.
6. YOUR RIGHTS TO MAKE CHANGES
6.1 Requesting changes. If you wish to make changes to your Order, please contact us in writing. We will let you know as soon as possible whether the change is possible and any impact on cost or timescale.
6.2 Confirming changes. Before implementing any change, we will ask you to confirm in writing that you wish to proceed. We ask that you respond within 48 hours to avoid unnecessary delays.
6.3 If you wish to end the contract. If you are not happy with the consequences of a proposed change, you may end the contract as set out in Clause 14.
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes. We may make minor changes to the Services to reflect changes in relevant laws and regulations or to make small technical improvements.
7.2 Significant changes. If we need to make significant changes to the Services or these Terms, we will notify you in advance. You may then contact us to end the contract and receive a refund for Services not yet carried out.
8. CARRYING OUT THE SERVICES
8.1 We will aim to complete the Services by the Completion Date. However, certain circumstances may make this impossible.
8.2 Start Date. The Services will begin on the Start Date as agreed between us.
8.3 Delay by third parties. We expect to carry out the Services without reliance on third-party contractors not arranged by us. If delays occur as a result of third parties not arranged by us, we reserve the right to charge a reasonable additional fee.
8.4 Suspension of Services. We may suspend the Services to deal with unforeseen technical issues, comply with regulatory changes, or implement agreed changes. We will give you advance notice wherever possible.
8.5 Your rights if we suspend. If we suspend the Services for more than 8 weeks, you may cancel your Order and receive a refund for Services not yet carried out. You will remain liable for any costs we have incurred on your behalf up to the point of cancellation.
8.6 Non-payment. If you fail to pay an outstanding invoice within 48 hours of a payment reminder, we may suspend the Services until payment is received.
9. YOUR OBLIGATIONS TO US
9.1 Site information. You confirm that you have provided us with all relevant information about the condition of the Site. You warrant that the Site is, to the best of your knowledge, free from springs, flooding, buried services or pipework, tree stumps not noted in the Quotation, covered wells or other cavities, or other concealed hazards not discoverable by visual inspection.
9.2 Boundaries and services. You agree to confirm to us the position of boundaries, underground cables and pipes before the Start Date. We cannot accept responsibility for any losses arising from boundary disputes or damage to services that were not notified to us in advance.
9.3 Access. You agree to provide us with reasonable access to the Site from Monday to Friday during the Services. Electricity and water must be available where required. Weekend or bank holiday working is by prior written agreement only.
9.4 Facilities. Where possible, please provide access to water, electricity and toilet facilities for use by us during the Services.
9.5 Permissions. You are responsible for obtaining any planning permissions, consents or approvals required for the Services, including consents relating to tree work, fencing, or other notifiable works. We do not accept responsibility for losses resulting from a failure to obtain required permissions.
9.6 Style preferences and information. We may ask you to provide information about your preferences to enable us to carry out the Services. If you do not provide this information within a reasonable time, we may be unable to complete the Services or may charge a reasonable amount for any additional work caused by the delay.
9.7 Valuables and access routes. Please clear access routes to the Site of valuables and fragile items. We will not be responsible for loss or damage to items that have not been cleared from the access route.
9.8 Parking. Please ensure parking is available at or near the Site. Any parking costs or fines incurred during the Services are your responsibility.
9.9 Safety. Please ensure that children, pets and other visitors to the Site are kept safe during the Services. Our tools and materials may present hazards, and we are not responsible for injuries arising from failure to observe reasonable precautions.
9.10 Waste. Unless agreed in writing as part of the Quotation, you will be responsible for the removal and disposal of waste materials from the Site following completion of the Services.
10. OUR RESPONSIBILITIES TO YOU
10.1 Standard of service. We will carry out and complete the Services with reasonable care, skill and diligence.
10.2 Foreseeable loss. We are responsible for loss or damage you suffer that is a foreseeable result of our failing to comply with these Terms or our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.
10.3 No exclusion of liability for negligence. We do not exclude or limit our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
10.4 Property damage. If we cause damage to your property while carrying out the Services, we will make it good. We are not, however, responsible for the cost of repairing any pre-existing faults or damage.
10.5 Events outside our control. If our performance is affected by events outside our control (including adverse weather, supplier delays, or unforeseen Site conditions), we will contact you as soon as possible and take reasonable steps to minimise any delay. We will not be responsible for delays caused by such events.
10.6 Business losses. We supply Services for domestic and private use only. We are not responsible for loss of profit, loss of business, or any other commercial losses.
11. MATERIALS AND PLANTS
11.1 Ownership. Materials and plants delivered to the Site and intended for use in the Services remain our property until payment has been received in full, at which point ownership passes to you.
11.2 Incorporated materials. Where materials or plants have been incorporated into the Site, title passes to you upon installation.
11.3 Excess materials. Materials brought to the Site which prove surplus to requirements remain our property and may be removed by us after Completion.
11.4 Rejected materials. If you approve materials or plants as part of the Quotation and subsequently reject them after purchase, we reserve the right to charge a reasonable restocking or handling fee.
11.5 Natural variation. Plants, natural stone, timber and other natural materials may exhibit variation in colour, size and texture. This is normal and does not constitute a defect. We will endeavour to source materials consistent with any samples shown but cannot guarantee an exact match.
11.6 Substitutes. If a particular plant species or cultivar is unavailable at the time of the Order, we will use our reasonable endeavours to source a suitable alternative and notify you accordingly.
12. AFTERCARE
12.1 Watering. We will water plants on the day of installation where access to a functional water source is available. Ongoing watering and care of plants, trees and shrubs after completion of the Services is your responsibility.
12.2 Soil and conditions. We will use our knowledge and skill to select appropriate plants for your soil conditions. However, we cannot guarantee the establishment or survival of all plants due to factors beyond our control, including extreme weather, soil contamination, or inadequate aftercare.
12.3 Roots. We will advise where root growth may present future issues, but ongoing root management is outside the scope of the Services unless separately agreed. We are happy to assist with future issues on a separately chargeable basis.
12.4 Irrigation systems. Where we install or commission an irrigation system, we will test and programme it as part of the Services. Ongoing maintenance and seasonal adjustment is the client's responsibility, or available from us on a separately chargeable basis.
13. IF THERE IS A PROBLEM WITH THE SERVICES
13.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us as soon as possible at tom@naturallygd.com or on 07476 818107. We will work to resolve any issues promptly.
13.2 Your legal rights (summary). Under the Consumer Rights Act 2015 you have the right to ask us to repeat or fix a service not carried out with reasonable care and skill, or to receive some money back if we cannot fix it. If no price was agreed in advance, what you are asked to pay must be reasonable. If no timescale was agreed, the Services must be carried out within a reasonable time.
14. YOUR RIGHTS TO END THE ORDER
14.1 Right to change your mind. You have the right to cancel the Order within 14 days of the Order Date without giving a reason. If we have already started the Services at your request, you must pay for Services carried out up to the point of cancellation.
14.2 Cancellation with good reason. You may end the contract immediately and receive a full refund for Services not yet carried out if: (a) we notify you of a change to the Services or Terms that you do not accept; (b) we have made a pricing error and you do not wish to proceed; (c) the Services will be significantly delayed by events outside our control; (d) we suspend the Services for more than 8 weeks; or (e) you have a legal right to cancel due to something we have done wrong.
14.3 Cancellation without good reason. If you cancel for reasons other than those in Clause 14.2, we may charge reasonable compensation for costs already incurred or unavoidably committed.
14.4 Cancellation notice. You may cancel by contacting us by phone or email with the details of your Order and the reason for cancellation.
15. OUR RIGHTS TO END THE CONTRACT
15.1 We may end the contract if: (a) you do not make payment when due and fail to pay within 48 hours of a reminder; (b) you do not provide information necessary for us to carry out the Services within a reasonable time; or (c) you do not provide access to the Site as agreed.
15.2 If we end the contract for the reasons in Clause 15.1, we will refund any advance payments for Services not yet provided, less reasonable compensation for costs we have incurred.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will only use your personal information to provide the Services and to communicate with you about your Order. We will not share your personal data with third parties for marketing purposes. For further information please contact us at tom@naturallygd.com.
17. OTHER IMPORTANT TERMS
17.1 Transfer. We may transfer our rights and obligations under these Terms to another party. We will give you reasonable notice and you may contact us to end the contract within 7 days if you are not satisfied with the transfer.
17.2 Third party rights. This contract is between you and us only. No other person has any rights under it.
17.3 Severance. If any court finds any part of these Terms unlawful, the remaining provisions will continue in full force.
17.4 Waiver. If we delay in enforcing these Terms, we may still enforce them later.
17.5 Governing law. These Terms are governed by English law. Any disputes may be brought in the English courts.
17.6 Alternative dispute resolution. If a complaint cannot be resolved directly between us, we will work with you through an alternative dispute resolution process before either party considers court proceedings.
Naturally Inspired Garden Design
Email: tom@naturallygd.com
Phone / WhatsApp: 07476 818107
Website: www.naturallygd.com