Terms and Conditions

When booking a Goody Foody Garden on the website the following terms will apply, see summary of cancellations, rescheduling and delivery.

Cancellations

You can cancel the booking with the following condition that if it is less than 24 hours in advance, we shall charge £35 cancellation fee.

Rescheduling Service Bookings with Gardener services:

If the Gardener requests to change the details of, or cancel, the Services you have ordered after you have received the Order Confirmation, we will seek to allocate another Gardener to perform those Services for you in accordance with the original Order. However, we cannot guarantee that this will be possible in every case.

Where you book a Service, which includes a scheduled appointment with a Gardener, you can reschedule any Service booking for free at least 24 hours in advance of the scheduled start time. Where the Services are due to take place within 24 hours, we will require payment of £35 by way of an agreed cancellation fee.

Delivery

You understand that we can only guarantee delivery to your property from the roadside directly onto a driveway or private, accessible garden and that ultimately you are happy for goods to be left in this manner.

It is not possible for the goods to be lifted up or down flights of stairs, over any walls, fences, hedges etc.

Delivery areas are determined by post code zones, please check these on our product pages. We reserve the right to change these without prior notice.

You understand that delivery will be manually lifted from the roadside onto a driveway or private garden. If the customer requests delivery to somewhere other than this, then they must be aware that this may not be possible and that they must take kerbside delivery in the face of this. The company will not accept damage to property caused during delivery whereby the customer has instructed drivers for goods to be placed anywhere other than from the kerbside onto a driveway or private garden.

We will make every effort to deliver on the agreed date, but if for any reason we are  unable to deliver then there will be no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever.

Delivery shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. We will not accept any liability for damages to property caused during delivery.

If we, or our agent cannot gain access to the delivery address then additional costs may be incurred. Deliveries are made using large vehicles and it is the customers responsibility to inform us by email if there may be an access problem. Specifications for area required for unloading is stated on the How it Works page on the Goody Foody Gardens website.

Company vehicles do not drive across fields or unmade roads. If you wish to have delivery across a field then you will become liable for any damage made to the vehicle. If the van becomes stuck when crossing the field etc under your instruction, then you must arrange to have the vehicle recovered immediately, at your own cost. The cost of a vehicle being held up in this manner will be charged to you at a rate of £50+VAT per hour.

If you wish for any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other. If we or our agent cannot gain access to the delivery address, then additional costs may be incurred and shall ultimately fall to the you.

Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. We will confirm the outcome by e-mail. In such cases that delivery, in our opinion, is not possible, then we reserve the right to cancel the order. This above action must be completed at least 48 hours before the day prior to delivery.

E-mail confirmation of orders also request that you contact us using email if a delivery problem may occur.

You understand that, as kerb or roadside deliveries are made using manual lifting and that deliveries cannot be made from flights of stairs.

We reserve the right to cancel or hold any orders that we deem may suffer from potential delivery problems and that you understand that delivery dates may be delayed in these instances.

If products are out of stock then we also reserve the right to cancel or hold delivery of orders in this situation.

If delivery is attempted and deemed not possible due to lack of information provided by you or your failure to read or consider delivery information and restrictions, then the customer will become liable for re-delivery charges and/or re-routing costs. These costs are £35 + VAT per delivery and will be rescheduled to the following working day. If the re-delivery is not possible, then the customer shall be charged 100% of cost of the order plus the re-delivery fee.

You agree to accept responsibility to provide a suitable area free from access restrictions for the delivery to be left.

You, or somebody appointed by you, should be at the delivery point to accept the delivery.

We reserve the right to cancel or hold any orders that we deem may suffer from potential delivery problems and you understand that delivery dates may be delayed in these instances. If products are out of stock then we also reserve the right to cancel or hold orders in this situation.

Full Terms and Conditions of Services

When booking a Goody Foody Garden on the website the following terms will apply;

Products and Services

Except for limited circumstances, we are not responsible or liable for the services you receive from our Gardeners, but let us know if you encounter a problem or the service you receive falls short of your expectation and we'll do our best to help resolve.

The services you can book via Goody Foody Gardens are performed by our self- employed Gardeners and not us. We are only responsible for fulfilling your booking and dealing with payment.

  1. Introduction
  2. The Goody Foody Gardens website is technology platform that makes available certain garden products and services to you that are fulfilled using independently-established garden service providers (“Gardeners”) experienced or trained in an activity, occupation and/or business of providing the services requested (“Services”).
  3. The Goody Foody Gardens website offers information, related products and a method to book services but does not itself provide the gardening Service, and herein disclaims any responsibility or liability for any Services.
  4. We advise that you exercise caution and common sense to protect your personal safety and property, as you would when interacting with any person whom you do not know. We have undertaken the Enhanced Disclosure via Disclosure Scotland, an identity check based on identifying documents.
  5. We may amend the Booking Terms and Conditions from time to time. You should check these Booking Terms and Conditions each time you wish to make a booking via the Goody Foody Garden website, to make sure that you understand the terms which will apply at that time.
  6. We and our Gardeners are under a legal duty to provide the Services in conformity with the relevant contract. All products and services shown on the Goody Foody Gardens website are subject to availability and the images and/or descriptions of the services are for illustrative purposes only – actual products and services may vary from those images and/or descriptions, but we ask our Gardeners to ensure that they provide the services in accordance with those descriptions and as per the Goody Foody Gardens guidelines.
  7. How to make a booking
  8. You may only make a booking if you are aged over the age of legal majority in your jurisdiction. We may ask you to provide us with valid proof of identity in a form reasonably acceptable to us upon request.
  9. You may only make a booking for your personal use, or for the use of a person, including a company or other organisation which you are authorised to represent. Likewise, you may only book Services with respect to a location where you are legally authorised to have services such as the Services performed.
  10. You can select which Services you require, at what location, and the time for those Services to be provided via the Goody Foody Garden website. On selection of the relevant details, we will notify you of the cost of the Services based on those details. If you would like to go ahead, you may then submit the order ("Order") to confirm your request.
  11. When you submit your order for Services, we will send you an email acknowledging receipt of that booking ("Order Confirmation"). The Order is subject to such confirmation, and the contract between you and the Gardener will be formed only when you are sent the Order Confirmation.
  12. If you order a Service to include a Gardener appointment, for example, where you book a Gardener assisted Goody Foody Garden installations with two additional maintenance visits, we will automatically schedule that Recurrent Service to occur on future dates at the frequency stated when booking. We cannot guarantee that the same Gardener will attend each Recurrent Service appointment or that Recurrent Service appointments will not be cancelled.
  13. You must treat Gardeners courteously and lawfully and ensure that the location in which they will be providing the Services is safe and appropriate working environment for the delivery and the Gardener, in compliance with all applicable laws and regulations.
  14. If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.
  15. Payment
  16. The price of a Service will be as quoted on the Goody Foody Garden website. Prices are subject to change at any time, but any such change will not affect Orders in respect of which you have already been sent an Order Confirmation prior to the date the change is published unless such Order is for a Recurrent Service. If you have booked a Recurrent Service you will be notified of any price increase prior to any such price increase taking effect. If you do not agree to such a price increase, you may cancel the Recurrent Service without further liability to us provided you give us at least 24 hours' notice. If you do not cancel the Recurrent Service following such notification of any price increase, such action shall be deemed your acceptance of the increased price.
  17. Prices are based on the specified product or service, which depends on factors such as location and how often the Service will recur (if at all). The same Service may cost more in a different location, or if the Service is ordered less frequently.
  18. Prices do not currently include VAT as Goody Foody Gardens is not a VAT registered company. When registration occurs, prices will include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services on the Goody Foody Garden website.
  19. Any currency conversion costs or other charges incurred in making a payment will be borne by you in addition to the price due to us.
  20. Payment for all Services must be made at the time of submitting your Order in pounds sterling by credit or debit card, using our online payment facility. You will be responsible for protecting the confidentiality of your username and any password or other security information used by you to access this payment facility and/or the Goody Foody Garden website.
  21. We take reasonable care to provide a functioning payment facility at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent on many factors outside our control, such as delays in the banking system or in card networks. Access to our payment facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.
  22. By accepting this Agreement, you are giving Goody Foody Gardens (or a third-party payment processor on Goody Foody Garden’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Goody Foody Gardens. Depending on the transaction you selected or services requested, Goody Foody Gardens may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Goody Foody Gardens at the prices in effect when such charges are incurred.
  23. Cancelling a booking
  24. In addition to your other legal rights as a consumer, you have the right to cancel an Order and receive a refund in accordance with the terms in this Clause 4.
  25. If you wish to change the details of, or cancel, the Service you have ordered after you have received the Order Confirmation, please contact us immediately through the Goody Foody Garden website or by mailing a notice of cancellation to Goody Foody Gardens, 4 Merrycroft Avenue, Glasgow G46 6DA.
  26. If you cancel the Order (in whole or in part):

(i) less than 24 hours in advance, we shall require a cancellation fee of £35.

  1. If the Gardener requests to change the details of, or cancel, the Services you have ordered after you have received the Order Confirmation, we will seek to allocate another Gardener to perform those Services for you in accordance with the original Order. However, we cannot guarantee that this will be possible in every case.
  2. Rescheduling Service Bookings with Gardener services: Where you book a Service, which includes a scheduled appointment with a Gardener, you can reschedule any Service booking for free at least 24 hours in advance of the scheduled start time. Where the Services are due to take place within 24 hours, we will require payment of £35 by way of an agreed cancellation fee.
  3. Liability

Except as expressly set forth herein, we are not responsible or liable to you for the actual Services provided by the Gardener that are booked through the Goody Foody Garden website to the fullest extent permissible by law.

  1. Under these Booking Terms and Conditions, we have certain obligations to you. These responsibilities are set out below.

Where we have been negligent and/or breached those obligations to you, we will be responsible for any loss or damage you suffer as a result, as long as the loss and/or damage is reasonably foreseeable. Loss or damage is reasonably foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time you received the Order Confirmation.

Where items require delivery, we are not responsible for any loss or damage after the point of delivery. It is your responsibility to ensure at the time of booking that there is a safe, private area for goods to be delivered to, this includes confirmation that there is a safe space which is not a public pathway or roadside.

(i) We are responsible for taking your bookings and passing those on to the relevant Gardeners for fulfilment. Where we have been negligent and/or breached this obligation to you, for example if we have failed to pass on your booking after you have received your Order Confirmation, we will be liable for any reasonably foreseeable loss or damage you suffer as a result, up to a maximum amount of 100% of the fees you have paid under the applicable Order.

(ii) We are also responsible for dealing with payments made by you in relation to your bookings. Where we have been negligent and/or breached this obligation to you, for example if we have failed to pass on your payment to the relevant Gardener, we will be liable for any loss or damage you suffer as a result, up to a maximum amount of 100% of the fees you have paid under the applicable Order.

(iii) We are responsible for requiring our Gardeners to agree by contract that they have appropriate professional insurance and ensuring that they have passed a Enhanced Disclosure check from Disclosure Scotland (for more information, see http://www.disclosurescotland.co.uk/disclosureinformation/index.htm), an identity check based on identifying documents. Where we have been negligent and/or breached this obligation to you, we will be liable for any loss or damage you suffer as a result, up to a maximum amount of 100% of the fees you have paid under the applicable Order.

  1. Our liability won't include any losses relating to your business, even if those losses are reasonably foreseeable. These types of losses include (for example) loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.
  2. We do not exclude or limit our liability:

if we are negligent and that negligence causes death or personal injury;

for fraud or fraudulent misrepresentation

for any liability which cannot be excluded or limited under applicable law.

  1. Our right to vary these Booking Terms and Conditions
  2. We may revise these Booking Terms and Conditions from time to time in the following circumstances:

(i) If we change the process for accepting payment from you;

(ii) If there are changes in relevant laws and regulatory requirements;

(iii) If there are any other changes to our business that reasonably means we need to amend these Booking Terms and Conditions

  1. Every time you make an Order via the Goody Foody Garden website, the Booking Terms and Conditions in force at that time will apply to the Order between you and us.
  2. Whenever we revise these Booking Terms and Conditions in accordance with this Clause 6, we will keep you informed and give you notice of this by stating that these Booking Terms and Conditions have been amended and the relevant date at the top of this page.
  3. Resolving Issues
  4. If you would like to make a complaint or provide any feedback about one of our Gardeners or their Services, please contact us through the Goody Foody Garden website as soon as possible.
  5. General
  6. All communications and notices from you must be sent to us at goodyfoodygardens.co.uk. We may communicate and give notice to you via post, email or by posting notices on the Goody Foody Garden website.
  7. Please note our customer support hours in the United Kingdom are: 8am-5pm.
  8. If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  9. These Booking Terms and conditions are governed by Scottish law.
  10. We will try and solve any disagreements between us in relation to these Booking Terms and Conditions quickly and efficiently. If you are not happy with the way we deal with any such disagreement and you want to take court proceedings, you must do this in the United Kingdom.