These Terms of Sale set out the terms under which Adverts are listed and sold by Us to customers through this website, www.comparethegardeners.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before placing an Advert and before accepting a gardener’s quote for work. You will be required to read and accept these Terms of Sale when placing an Advert. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to submit an Advert to Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 These Terms of Sale apply to both business and consumer customers.
4.2 If you are a business customer, these Terms of Sale constitute the entire agreement between Us and you with respect of your placement of an Advert. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5.1 Placing an Advert on Our Site is initially free. Fees will only become payable, currently set at 15% of the Quote value, upon your acceptance of a Gardener’s Quote.
5.2 Upon acceptance of the Gardener’s Quote and payment of our fees you will be connected with the Gardener. Thereafter you will need to communicate directly withthe Gardener and your relationship with them will be subject to a contractual relationship between you and them.
5.3 We may from time to time change Our pricing. Changes in price will not affect an Advert that you have already placed on Our Site but will apply to any subsequent Adverts. You will be made aware of any increase in pricing of the Advert when placing a new Advert.
5.4 Any Advert which is placed on Our Site and not responded to or accepted within a 5 day period will automatically be archived. You may, subject to reposting, submit your Advert to go live for a further 5 day period. Any Advert which is archived will automatically be deleted after 3 months.
5.5 Prices on Our Site are shown exclusive of VAT. We are not, at this time VAT registered. In the event we become VAT registered or if the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.1 Our Site will guide you through the process of placing an Advert. Before completing your order, you will be given the opportunity to review and amend it. Please ensure that you have checked your order carefully before submitting it as this constitutes a contract between you and Us.
6.2 You are permitted to make changes to the Advert at any time up to your acceptance of a Gardener’s Quote. Upon acceptance of the Gardner’s Quote, and to receive contact details of the Gardener, you must enter your payment details within 24 hours. Although the fee is only payable upon acceptance of the Gardener’s Quote you enter into a contract with Us upon placing the Advert on Our Site.
6.3 Once you have accepted the Gardener’s Quote We are not responsible for the relationship between yourself and the Gardener. In order for the work to be carried out you will enter into a direct contractual relationship with the Gardener. This is an entirely separate contractual relationship than the one you have with Us.
6.4 We are not responsible for the standard of work provided by the Gardener and any issues must be raised directly with the Gardener. Whilst We are not responsible for the work provided by the Gardener We do want to ensure Our Site remains a trusted and well respected place. Accordingly in the event that a Gardener fails to carry out the work please contact Us to inform Us of the same. We will, subject to an investigation, remove the Gardener from Our Site.
6.5 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to place an Advert constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Ad Confirmation by email. Only once We have sent you an Ad Confirmation will there be a legally binding Contract between Us and you.
6.6 Ad Confirmations shall contain the following information:
7.1 Payment for an Advert will be required upon acceptance of a Gardener’s Quote and is payable within 24 hours of acceptance. Our fee represents 15% of the overall total of the Gardener’s Quote. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
7.2 The remaining 85% balance of the Gardener’s Quote will be payable directly to the Gardener. You will enter into a direct contract with the Gardener for this amount and the fees will be paid directly to the Gardener.
7.3 We accept the following methods of payment for Our fee on Our Site:
7.4 Upon payment of our Fees, your contact details will be exchanged with the Gardener.
7.5 If you believe We have charged you an incorrect amount, please contact Us at 15.1 as soon as reasonably possible to let Us know.
8.1 You agree that you will be solely responsible for your Advert and its content. We accept no responsibility for the content of Adverts. Specifically, you agree, represent, and warrant that you have the right to submit the Advert, that all the information in the Advert is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include,and that the Advert will comply with Our Acceptable Usage Policy, detailed below in Clause 9.
8.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
8.3 You (or your licensors, as appropriate) retain ownership of the content of your Advert and all intellectual property rights subsisting therein. By submitting an Advert, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Advert for the purposes of operating and promoting Our Site.
8.4 Your Advert will be made available on Our Site immediately and will continue to be available for the period stated in the Ad Confirmation, or until the Contract is otherwise ended.
8.5 In some limited circumstances, We may need to suspend the availability of Adverts for reasons including, but not limited to, fixing technical problems on Our Site. If your Advert is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. If the suspension lasts (or We tell you that is going to last) for more than 14 days, you may end the Contract as described below in sub-Clause 12.3.
8.6 If you wish to remove your Advert from Our Site, you may do so by deletion or by contacting us using the details at sub-Clause 15.1. Removing an Advert also revokes the licence granted to Us to use that Advert under sub-Clause 8.3. Please note, however, that caching or references to your Advert may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control). For details of other cancellation rights, please refer to Clauses 11 and 12.
8.7 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Adverts. Any such opinions, views, or values are those of the relevant Advertiser, and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, Adverts, and We accept no responsibility for any actions taken, or for any products or services provided by, any Advertiser.
9.1 When submitting an Advert, you must not submit or otherwise do anything that:
9.2 We reserve the right to suspend or terminate your Advert and your access to Our Site if you materially breach the provisions of this Clause 9. In addition, We may take one or more of the following actions:
9.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Sale.
10.1 We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with your Advert or with any other aspect of Our services, please contact Us as soon as is reasonably possible via email. We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical. Please note however We are not responsible for any problems which arise from the Gardener’s work. Those problems should be addressed directly with the Gardener.
10.2 If you are a consumer, you have certain legal rights if you purchase services and problems arise. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
11.1 You may cancel the Contract and remove your Advert at any time. To do so please use the contact details at sub-Clause 15.1.
11.2 Where you have accepted a Gardener’s Quote, and our fee has been processed, You will not be entitled to a refund of Our fee. This is on the basis that We have fulfilled Our part of the contract namely by matching and providing you with the Gardener’s details.
11.3 If you are a consumer you will be entitled to a 14-day cancellation or “cooling-off” period upon entering into a contract with Us. This period will end 14 days after you enter into the contract with Us or upon acceptance of the Gardener’s Quote, whichever is sooner.
11.4 Upon acceptance of the Gardener’s Quote you will enter into a contract with the Gardener. That relationship will be governed between the two of you and you may be entitled to a 14 day cooling off period from acceptance with the Gardener. It is your responsibility to investigate such and We will not be responsible for or be a party to that relationship.
12.1 You may end the Contract at any time if We have informed you of a forthcoming change to Our services, or to these Terms of Sale that you do not agree to. If the change will not take effect or apply to you until the expiry of your Advert, the Contract will end on the expiry.
12.2 If We have suspended availability of your Advert for more than 14 days, or We have informed you that We are going to suspend availability for more than 14 days, you may end the Contract immediately.
12.3 If an event outside of Our reasonable control occurs and continues for more than 30 days, you may end the Contract immediately.
12.4 If We inform you of an error in the price of your Advert and you wish to end the Contract as a result, you may end it immediately.
12.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For details of your legal rights, if you are a consumer, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12.6 If you wish to exercise your right to cancel under this Clause 12, you may inform Us of your cancellation using the contact details provided at sub-Clause 15.1.
13.1 If you area consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 If you are a business, subject to sub-Clause 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
13.3 If you are a business, subject to sub-Clause 13.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be £200.
13.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13.5 In particular, nothing in these Terms of Sale seeks to limit consumers’ legal rights. If you are a consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
15.1 If you wish to contact Us with any questions, complaints, feedback or other reason you may contact us by emailing us at firstname.lastname@example.org.
17.1 We may transfer (assign) Our obligations and rightshereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights here under will not be affected and Our obligations here under will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights hereunder without Our express written permission.
17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
17.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Advert, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
18.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.3 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.