1. Garden Designs Agreement
1.1. This agreement is made between alNatural (“we” or “us”), and the Client (“you”) as defined in the Proposal.
1.2. We consider these terms to set out the whole agreement between you and us for the supply of the Services.
1.3. Please check that the details in these terms and the Proposal are complete and accurate before you commit yourself to the agreement. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing.
1.4. Please ensure that you read and understand these terms before you sign and submit an order, because you will be bound by the terms once the agreement comes into existence between us, in accordance with clause 1.5.
1.5. These terms shall become binding on you and us when you accept a Proposal. Prior to any works commencing, this agreement must be signed and returned to al Natural.
The definitions in this clause apply to these terms:
‘Design or Designs’ means all designs including drawings produced by us when performing the Services; ‘Fee(s)’ means the prices agreed between us in the proposal; ‘Project Inspection’ has the meaning given to it in Clause 4; ‘Proposal’ means the written or emailed document(s) that we send to you with these terms and conditions for the execution of the services, which will be agreed by both of us; ‘Services’ means the set of services to be provided by us under this agreement, as ordered and confirmed with us in the Proposal; ‘Site’ means the location where the Works are to be carried out as set out in the Proposal; ‘Works’ means all the soft landscaping including preparation, and planting work undertaken at the Site to implement the Design(s).
3.1. Once the agreement is accepted by you, we will provide the Services using reasonable skill and care in accordance with standards expected of a reasonable garden designer. We will provide the Services in a timely fashion, but any time deadline given is only an estimate.
3.2. This is a design and consultancy only agreement. You are responsible for contracting directly with third parties to carry out any subsequent work, including landscaping. We will not be responsible for the work undertaken by third parties, the manner in which the Works are being carried out nor any other aspect of their progress.
3.3. All specifications, figures, sizes and other descriptions in the Design are approximations only and should not be relied upon.
4. Project inspection
4.1. If we have specified in writing in the Proposal that we will carry out Project inspection, then the following Clause 4 will apply. If the client agreed to use a different service (For instance, Do it together projects), then the client should carry out project management duties.
4.2. The rates to carry out Project Inspection may vary between 15% - 20% of the overall garden cost for small to medium projects. The total amount should be specified in writing and signed by both parties. The client and designer can negotiate the method of payment of the fee specified in the Proposal.
4.3. Project Inspection means that we will conduct site inspections at appropriate intervals of the Works, as agreed in the Proposal. We shall notify you of any discrepancies that we have noted between the Design and the actual Works being delivered, in order that you may take steps to rectify such changes.
4.4. We will not supervise or manage the Works. We may, if agreed to the Proposal, assist you in communicating with third parties, but you will contract directly with the third parties. By undertaking Project inspection, we will not take responsibility or liability for the work of third parties or the Works, and we will not accept any liability in respect of either the execution or performance of such third party contractor or the delivery or performance of the Works once completed.
5. Design Changes
5.1. Changes requested after sending us your documents are at extra cost. Allow 28 days from the agreement with us of your change request for delivery of your revised documents. If you require additional services or services outside of the scope of the Proposal or at a higher level of service than that currently subscribed, then we will try to carry out such service at our convenience and for a fee that we will set at that time (Please check our fee section).
5.2. We may vary these terms and conditions by giving you 14 days’ prior written notice if we are required to do so for reasons beyond our reasonable control.
6. Fees and Payment Terms
6.1. The Prices for the Services doesn’t include VAT and invoices are delivered via email. Prints or copies of the invoices are available on request; a small fee needs to be paid.
6.2. Payment is in advance of services being supplied, once the agreement has been made. In exceptional cases, payments can be negotiated with the client within 7 days of invoice.
6.3. All payments are to be made by online bank transfer, cash, and by PayPal. PayPal enables you to use credit or debit cards, and we do not receive details of your card. Credit or debit cards are not accepted.
6.4. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services until you have paid the outstanding amounts.
7.1. Depending on the size and complexity of your site, we will endeavour to produce designs approximately 4 weeks from receipt of your full information, photographs and measurements.
7.2. We will present a scale plan of your original garden and design options to you within approximately 14 days for your comments, from which we can provide your final design.
7.3. Document delivery is via email and all documents are presented in PDF unless otherwise agreed. Prints and copies are available on request. A charge may be made for obtaining hard copy documents.
8. Your Obligations
8.1. You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these terms. This will include you notifying us in advance of any legal obligations affecting the site, including matters such as planning permission, building regulations or tree preservation orders and of any other special requirements relating to children, pets, disabled access, allergies, unusual climatic or soil conditions etc. If you do not, or if you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the agreement by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
8.2. We generally supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose without our prior written agreement.
8.3. Nothing in this agreement shall require us to provide advice or services in connection with the presence of or risk of contamination or pollution by harmful substances. You will be solely responsible for determining what investigations and actions should be taken in relation to such substances and shall commission such professional third party advice as you consider necessary.
8.4. Although we may give you general advice as to how the design may be constructed and will endeavour to accommodate any special requirements of the site which you have specified, you are responsible for the construction of the design, and may need to seek specialist advice about structural aspects such as drainage, soil retention, retaining walls and site levels.
8.5 The property owner is responsible for applying for planning permission unless specified. The designer can advise clients accordingly any local planning law.
9. Intellectual Property Rights and Licence
9.1. The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely.
9.2. We will grant you a non-exclusive, perpetual, non-transferable and personal licence to use the Designs for your own internal business or residential purposes at the location set out in the Proposal, but for no other purpose. You may not allow any third party to use any of those Designs; use those Designs on behalf of or for the benefit of any third party; sub-license the use of the whole or any part of those Designs; or transfer them to anyone else without our prior written permission.
9.3. The provisions of this clause 9 shall remain in full force and effect after termination of this agreement for whatever reason.
10.1 In the event of any fault or defect arising in the Services, we shall have the right to remedy such fault where possible by resupplying the Service. In the event that you do not advise us of any defect in the Services within 30 days after completion of the Services or the provision or delivery of the relevant part of the Services, you shall be deemed to have accepted the Services or part thereof.
10.2. If we have not surveyed your garden, we cannot be held responsible for ground conditions, requirements for additional drainage, or the presence of services which may cross your garden. In the case al Natural surveyed the garden, this clause also applies if the garden has been excavated, or some other form of groundwork has been performed after the surveying stage.
10.3. If plants or other goods are provided to you by a separate supplier, those supplies will be provided under a separate contract with your supplier and we can accept no responsibility for that contract or the supplies under it. If al Natural sources the plants, we must sign a separate agreement.
10.4 Subject to clause 9.4, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these terms.
10.5. Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: loss of income or revenue; loss of business; loss of anticipated savings; or loss of data.
10.6. This clause does not include or limit in any way our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10.7. We will use reasonable endeavours to comply with any specified delivery dates, but no such dates are guaranteed, and we exclude liability for any loss (whether direct, consequential or otherwise) resulting from any delay in the delivery of the Services.
10.8. The provisions of this clause 10 shall remain in full force and effect after termination of this contract for whatever reason.
11. Suspension / Cancellation of services
11.1 Suspension. You may suspend the Services provided enough evidence to do so within 28 days, but all sums due at the date of suspension will become due for immediate payment (Please see clause 11.3 below). Once we receive your further instructions we will use reasonable endeavours to reschedule the Services as soon as is practicable. This rescheduling will not be guaranteed to be at a time requested by you. Any additional cost incurred by us in complying with these instructions will be added to the total Fees unless such suspension was due to something we had done or failed to do.
11.2 Cancellation. We comply with the Consumer Protection (Distance Selling) Regulations 2000. Because the designs are made to your specification, there are some restrictions in terms of right of cancellation or refund under these regulations once the Design has been purchased by you. You can cancel this agreement, under clause 10, provided enough evidence to do so, by giving us notice within 28 days of signing the agreement. You may send the written notice by post or email or you can deliver it in person. The notice should be sent or delivered to the business address. The written notice will be considered to have been given on the day it is posted or sent by email.
11.3 You may have to pay for goods or services provided before you suspended or cancelled this agreement if you agreed in writing to us providing the goods or services before the end of the 28-day suspension/cancellation period referred to in clauses 11.1 and 11.2 above. You may have to pay for the following types of services provided before the cancellation Services of any kind, goods needed in an emergency, goods that are personalised or made to your specification and any services relating to those goods, perishable goods (goods which decay or go bad quickly), goods that have been used or incorporated into the land.
11.4 If you suspend/cancel this agreement, any related credit agreement (for example a credit agreement that we have provided or arranged in connection with this agreement) will automatically be cancelled.
12. Force Majeure
Neither party will be regarded as in breach of this Proposal if the failure is as a result of a circumstance beyond that party's reasonable control (Force Majeure). This will include (but not be limited to) the death or incapacity of the garden designer working on the Design(s). If the Force Majeure continues for a period of one week or more both parties will discuss ways in which to alleviate the situation which will include the possibility of approaching a third party during the period that the Force Majeure exists or if this is not possible to terminate the contract, without either party sustaining any financial liability other than to pay all outstanding Fees and disbursements that are due up to the date of termination (including contracts that cannot be cancelled).
If either party chooses not to take up any right of action at any time then this will not prevent that party from taking action on the same or similar point at another time.
14. Proper Law
These terms and conditions will be governed by and construed in accordance with the laws of England and Wales. In the event of any dispute, we would ask that you contact us in the first instance to resolve any issues in good faith. If this matter is not referred or resolved within 28 days of the matter being raised then the parties will submit to the exclusive jurisdiction of the English Courts.
15. Contracts (Rights of Third Parties) Act 1999
A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16. Party Wall Act 1996
If you are required under the Party Wall Act 1996 to appoint a party wall surveyor, then you will be responsible for ensuring that such a surveyor is appointed and we will co-operate and pass all such relevant information to the surveyor as soon as is reasonably practicable.
If any term of this contract shall be held to be invalid, illegal or unenforceable, the remaining terms shall remain in full force and effect and such invalid, illegal or unenforceable term shall be deemed not to have been part of this contract.
18. Entire Agreement
This agreement, the Proposal and any variation to the Proposal in accordance with clause 4 above contains the entire understanding between the parties and supersedes all previous agreements between the parties. It is expressly provided that nothing in this contract excludes any liability for pre-contract statements or representations made fraudulently.
We do not share your details with any third parties other than when order details are processed as part of the order fulfilment, or with your permission. We may contact you by post, telephone or email in connection with your design request.