Terms & Conditions

(To request our Terms and Conditions in another format email – customerrelations@greenthumb.co.uk )

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the agreement, 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 GreenThumb Limited trading as GreenThumb Lawn Treatment Service.
Our registered company number is 03304341; our VAT number is 682576105. However, the GreenThumb Lawn Treatment Service may be supplied to you by one of our franchise branches and where this is the case they will identify themselves to you during the ordering process and provide you with their details and in those circumstances your contract will be made directly with the relevant franchise branch (and not GreenThumb Limited). In these terms “We”, “us” and “our” refer to the party that is contracting with you to supply your services (whether that be GreenThumb Limited or one of our franchise branches).

2.2 How to contact us. You can contact us by telephone, email or post using the contact information shown on our branch page – Click here - Branch Contact Details. 
We encourage existing customers to contact us via the Customer Portal – My.GreenThumb. 
For ‘My GreenThumb‘ terms and conditions please see second item on this page

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.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our agreement with you

3.1 How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, at which point an agreement will come into existence between you and us.

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 in our brochures and materials.
Our Lawn Makeover service is subject to separate terms and conditions please third item on this page.

4.2 However, you acknowledge and agree that because the service involves natural processes that the duration of and end result of the service will be subject to variation (including due to ground conditions, weather, things that are outside of our control (including animal damage, weeds being introduced by natural processes from outside your garden and adverse weather) or pests that our services are not designed to treat).

4.3 To achieve best results, we recommend that you follow the advice given by our lawn care specialist and also provided on our website.

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 on 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 agreement 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 the date agreed with you during the order process however time of performance shall not be a vital aspect of the agreement unless we specifically agree in writing in advance.

6.2 The service is usually a series of ongoing treatments (may also be single treatments) to be applied throughout the year and we will continue to provide treatments at the durations specified in our brochure until either of us terminates the agreement in accordance with these terms.

6.3 We will normally try to notify you (using the contact details that you have provided) of the date on which we will attend (and agree this with you) to carry out subsequent services following the initial treatment service (although this is not always the case).

6.4 We are not responsible for delays outside our control. 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 agreement and receive a refund for any services you have paid for but not received.

6.5 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 agreed (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 agreement and clause 9.2 will apply.

6.6 Reasons we may suspend the supply of services to you.
We may have to suspend the supply of a service to:

• deal with technical problems or make minor technical changes.
• update the service to reflect changes in relevant laws and regulatory requirements.
• make changes to the service as notified by us to you (see clause 5).

6.7 Your rights if we suspend the supply of service. We will contact you in advance to tell you we will be suspending supply of the service unless the problem is urgent or an emergency. You may contact us to end the agreement for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the agreement.

6.8 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 11.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).

7. Your rights to end the agreement

7.1 Your legal rights when you end the agreement 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 agreement:

• If you want to cancel at any time because you no longer want the service, but you are outside of the “Cooling-off period”, please see clause 7.2
• If what you have bought is faulty or misdescribed you may have a legal right to end the agreement (or to have the service re-performed or to get some or all of your money back), see clause 10;
• If you want to end the agreement because of something we have done or have told you we are going to do, see clause 7.3;
• If you want to use your “Cooling-off period” rights because you have changed your mind, see clause 7.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

7.2 Ending the agreement at any time because you no longer want the service, but you are outside of the “Cooling-off period”. Unless you’ve signed up for one of our annual treatment programmes, you are not tied into a long-term agreement and can end the agreement at any time by giving us notice before your next service. We will refund any sums paid for services not yet provided. For customers on annual treatment programmes who pay monthly by Direct Debit, you can also cancel your agreement at any time by giving us notice – in these circumstances (unless you terminate after the final treatment in that year’s plan) you will be charged the current 'pay as you go' price for any services received in your current year’s plan before you notified us of your intention to end the agreement (which may be more than you have already paid to us to date for that year’s plan, in which case you will pay us the difference). Any payments already received relating to that year’s plan will be taken into account when calculating the total balance owed or owing.

7.3 Ending the agreement because of something we have done or are going to do. If you are ending the agreement for a reason set out at (a) to (e) below, the agreement will end immediately and we will refund you in full for any services which have not been provided and you.

The reasons are:

• we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 5);
• 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.
• there is a risk that supply of the services may be significantly delayed because of events outside our control.
• 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 a period of more than 30 days; or
• you have a legal right to end the agreement because of something we have done wrong.

7.4 Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) 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 (Information, Cancellation and Additional Charges) Regulations 2013, are explained in more detail in these terms.

How long do I have to change my mind? You have 14 days after the day we confirm we accept your request for us to provide the service. 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 at your request during the cancellation period, you must pay us for the services provided up until the time you tell us that you have changed your mind.

When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

• services if you have asked us to start performing prior to the end of the cancellation period, once these have been completed, even if the cancellation period is still running;
• any products which become mixed inseparably with other items after their delivery.

8. How to end the agreement with us (including if you have changed your mind)

8.1 Tell us you want to end the agreement.
To end the agreement with us, please let us know by doing one of the following;

Phone or email. You can contact us by telephone, email or post using the contact information shown on our branch page – Click here - Branch Contact Details. 
Please provide your name, home address, customer reference number and, where available, your phone number and email address.
We encourage existing customers to contact us via the Customer Portal – My.GreenThumb. 

8.2 How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.

8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the agreement.

8.4 When your refund will be made. 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 agreement

9.1 We may end the agreement if you break it. We may end the agreement for a service at any time by writing to you if:

1. 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;
2. 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 agreement. If we end the agreement in the situations set out in clause 9.1 we may not refund any money you have paid in advance for services and may retain this as compensation for the net costs we will incur as a result of your breaking the agreement.

9.3 We can withdraw our services and end the agreement. We are able to stop providing some or all of our services and end this agreement (in relation to all or some of the services) by giving you at least 30 days’ notice (for example if we withdraw a service). However, if there is an unforeseen change in legislation or regulations that significantly affect our ability to perform the services we can end the agreement (in relation to all or some of the services) without any notice period. Where we notify you that we are ending the agreement in relation to only some of our services, if you wish you may end agreement in relation to the other services by notifying us. Where the agreement is terminated under this clause 9.3, we will refund you for any services that you have paid for but have not received at the date of termination.

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 contact us by telephone, email or post using the contact information shown on our branch page – Click here - Branch Contact Details. 
Please provide your name, home address, customer reference number and, where available, your phone number and email address.
We encourage existing customers to contact us via the Customer Portal – My.GreenThumb. 

10.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this agreement. 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 includes VAT) will be the price provided to you by your local GreenThumb branch. 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 so that, where 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 service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the agreement, refund you any sums you have paid

11.4 When you must pay and how you must pay. Payment is due on presentation of our invoice.
We accept payment with most credit cards, debit cards and bank transfers, (if paying by bank transfer please include your customer reference number). If you are an annual treatment programme customer your payments will be taken monthly by Direct Debit.

11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the NatWest Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we may charge you interest on correctly invoiced sums from the original due date.

11.7 Our Annual Treatment Programmes. If you have opted to use one of our Annual Treatment programmes , the terms of that plan will set out the basis on the amount of the payments which will be made. Our annual treatment programmes are based on the agreement to pay for our services by direct debit over a 12 month period.

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 agreement 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 sub contractors; 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.

12.4 We are not liable for business losses. We supply the services for domestic and private use. 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

How we will use your personal information. We will use the personal information you provide to us (amongst other things as detailed in our privacy policy):

1. to supply the services to you;
2. to process your payment for the services; and
3. to give you information about similar products or services that we provide, but you may stop receiving this at any time by contacting us.

Please see our privacy policy at Privacy Policy or available by calling us on 01745 586062 for full details on how we will use your personal information.

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 GreenThumb 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 agreement. This agreement 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 of this agreement 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 in enforcing this agreement, 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 agreement, 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 can still require you to make the payment at a later date.

14.6 Which laws apply to this agreement 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. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts. If you live in Wales, you can bring legal proceedings in respect of the services in either the Welsh or the English courts

GreenThumb Ltd

Integra

St Asaph Business Park

St Asaph

Denbighshire

LL17 0JD

Company number – 3304341

VAT number - 682576105

Telephone – 01745 586062

Email – customerengagement@greenthumb.co.uk

Background:
This agreement applies as between you, the User of this Web Site and GreenThumb Limited, the owner(s) of this Web Site.

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site.

If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

“Content” - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“GreenThumb” - means GreenThumb Limited (CRN: 03304341) of Integra, St. Asaph Business Park, St. Asaph, Denbighshire LL17 0JD trading as GreenThumb;

“Service” - means collectively any online facilities, tools, services or information that GreenThumb makes available through the Web Site either now or in the future;

“System” - means any online communications infrastructure that GreenThumb makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” - means any third party that accesses the Web Site and is not employed by GreenThumb and acting in the course of their employment; and “Web Site” means the website that you are currently using (www.greenthumb.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

1. All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of GreenThumb, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2. Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by GreenThumb.
3. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of GreenThumb or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.greenthumb.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of GreenThumb.
To find out more please contact us.

5. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
To view the Privacy Policy, please click on the link above.

6. Disclaimers

1. GreenThumb makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

7. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. GreenThumb accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

8. Limitation of Liability

1. To the maximum extent permitted by law, GreenThumb accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
2. Nothing in these terms and conditions excludes or restricts GreenThumb’s liability for death or personal injury resulting from any negligence or fraud on the part of GreenThumb.
3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

11. Notices
All notices / communications shall be given to us either by post to our Premises or by e-mail, you can find your local branch details with contact information by clicking here. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

12. Law and Jurisdiction
These terms and conditions and the relationship between you and GreenThumb shall be governed by and construed in accordance with the Law of England and Wales and GreenThumb and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

To read terms and conditions for our offers and promotions, please visit here: https://www.greenthumb.co.uk/promotions

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 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 GreenThumb Limited trading as GreenThumb Lawn Treatment Service.
Our registered company number is 03304341; our VAT number is 682576105.
2.2 How to contact us. You can contact us by telephone or email using the contact information shown on our contact page.
For full contact details, including postal address of your local branch, please visit https://www.greenthumb.co.uk/pages/branch-finder
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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, at which point a contract will come into existence between you and us.
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 in our brochure and materials. However, you acknowledge and agree that because the service involves natural processes that the duration of and end 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 on 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 the 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. 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 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 in order 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. If access to all of your lawns in 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.
6.7 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:(a) deal with technical problems or make minor technical changes; (b) update the service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the service as notified by us to you (see clause 5).
6.8 Your rights if we suspend the supply of service. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
6.9 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services.
We will not suspend the services where you dispute the unpaid invoice (see clause 11.6). As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).

7. Your rights to end the contract

7.1 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;
7.2 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 a period of more than 30 days;
or (e) you have a legal right to end the contract because of something we have done wrong.
7.3 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.
7.4 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.
7.5 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.

8. How to end the contract with us

(including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone, emailing or writing to your local branch. To find their contact details please click here. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 How we will refund you. We will refund you the price you paid for the services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made. 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 on the number shown overleaf or write to us at the email or postal address shown overleaf.
10.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity 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 includes VAT) 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 so that, where 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 service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay. We accept payment with most credit and debit cards, bank transfer or cheque.
You must make an advance payment of 25% of the price of the services, before we start providing them.
We will invoice you for the balance of the price of the services on Makeover day.
You must pay each invoice within 21 calendar days after the date of the invoice.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the NatWest Bank from time to time.
This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

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, unless you have notified us in advance of the precise location of such subsurface objects as noted on the Lawn Makeover Analysis Report: Plan Overview form.
12.4 We are not liable for business losses. We supply the services for domestic and private use. 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 your personal information to any third party.

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 GreenThumb 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 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 in 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 can 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. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

Please read these terms and conditions carefully before using this web portal.

1. These Terms

These terms and conditions of use (“Terms”) are the terms on which you may access and use the Greenthumb web portal (“Web Portal”) via the website [my.greenThumb.co.uk] (“website”). Use of the Web Portal includes accessing, browsing and using the Web Portal, including to make a request for a booking, or to approve a quote, or to accept recommendations, for lawn care services provided by us or one of our franchisees trading as GreenThumb Lawn Treatment Service (“Franchisee”), and to view and manage bookings for lawn care services.

By using the Web Portal, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you should not use the Web Portal. We recommend that you print or save a copy of these Terms for future reference.

These Terms were last updated in January 2024.

We may amend these Terms from time to time. Every time we amend these Terms, we will inform you by email or a push notification through the Web Portal. By continuing to use the Web Portal after receiving such information, you confirm that you accept, and agree to comply with, the amended Terms.

2. Who we are and how to contact us

The Web Portal is operated by Greenthumb Limited, a limited company registered in England and Wales under company number 03304341, whose registered office is at Integra, St Asaph Business Park, St Asaph, Denbighshire, LL17 0JD, and whose VAT number is [682576105].

References in these Terms to “we”, “us” and “our” are to Greenthumb Limited and, where such references relate to bookings for lawn care services which are to be provided by one of our Franchisees, the relevant Franchisee.

If you wish to contact us in relation to the Web Portal or these Terms, including to make a complaint, please contact us by email at customerrelations@greenthumb.co.uk

3. Other applicable terms and conditions

Our Terms and Conditions for the Supply of Services will apply to each contract between you and us for the provision of lawn care services.

We will process the personal data provided by you when you access and use the Web Portal in accordance with our Privacy Notice. Please take time to read our Privacy Notice as it contains important terms that apply to you. Please also read our Cookie Notice, which includes information about the cookies used on the Web Portal.

4. Your account

You will be required to create an account to access and use the Web Portal.

As with any site or digital service, we recommend that you treat your login details for your GreenThumb account as confidential and not disclose such details to any person. If you know or suspect that anyone other than you knows your login details, you must immediately change your password, and you must promptly notify us by email to the email address set out above.

To make a request for a booking, or to approve a quote, or to accept recommendations, for lawn care services, you will need to follow the steps set out in the Web Portal.

5. Availability of the Web Portal

The Web Portal is made available free of charge. You must be 18 or over to access and use the Web Portal.

You are responsible for making all arrangements necessary for you to have access to the Web Portal. We shall not be liable where you are unable to connect to or access the Web Portal if this results from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.

We do not guarantee that the Web Portal, or any content on the Web Portal, will always be available or be uninterrupted. We will not be liable to you for any unavailability or interruption of the Web Portal. We recommend that you back up any content and data used in connection with the Web Portal in case of any issues with the Web Portal.

We may update, change, suspend, withdraw or restrict the availability of all or any part of the Web Portal for any reason (including business, operational and security reasons). We will try to give you reasonable notice of any major update or change, or any suspension, withdrawal or restriction.

6. Uploading information to the Web Portal

You may be required to upload certain information or content to the Web Portal, for example when you create an account or make a request for a booking for lawn care services. Or you may make use of a feature that allows you to upload information or content to the Web Portal, for example a ‘contact us’ form. You agree that any such information or content you upload to the Web Portal (“Your Content”):

• is true, accurate, complete and up to date;
• is not fraudulent or misleading; and does not impersonate any person or misrepresent your identity;
• does not breach any applicable local, national or international law or regulation, or advocate, promote or incite any person to commit any unlawful or criminal act or act of terrorism;
• does not infringe our proprietary rights or those of any third party (including intellectual property rights and rights to privacy);
• does not include any personal data of a third party unless you have obtained that third party’s prior written consent;
• does not breach any duty of confidence or confidentiality obligations;
• does not advertise or promote the products or services of any third party;
• does not contain any content that is threatening, defamatory, obscene, indecent, harassing, offensive (whether racially, religiously or ethnically), discriminatory or otherwise objectionable.

When you upload content via the Portal, you retain all of your ownership rights to your content, but you also allow GreenThumb to make use of the content in a reasonable way.

Specifically, you allow GreenThumb distribute and make the content available to third parties (including third party payment providers and IT providers) for the purposes of providing services to you. For more information about the data we collect about you and the purposes for which we use such data, please read our Privacy Notice.

We have the right to remove any part of your content if, in our opinion, it does not comply with the content standards set out above.

7. Intellectual property rights in the Web Portal

We are the owner or the licensee of the domain name of the website (my.greenthumb.co.uk) and all intellectual property rights (including trademarks, copyright and design rights) in the Web Portal and its content. Our status (and that of any identified contributors) as the authors of content on the Web Portal must always be acknowledged (except where the content is user-generated).

You may print off one copy, and may download extracts, of any pages from the Web Portal for your personal use only. You must not modify the copies of any materials you have printed off or downloaded from the Web Portal in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on the Web Portal for any commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of the Web Portal in breach of these Terms, then (in addition to our rights set out in section 13 below) we may require you to, at our option, return or destroy any copies of the materials you have made.

8. Information on the Web Portal

The Web Portal is directed to individuals residing in the UK. We do not represent that content available on or through the Web Portal is appropriate for use or available in other locations.

The content on the Web Portal (including any advice and tips relating to lawn care) is provided for general information only. We would always recommend that you obtain specialist advice (including from your usual GreenThumb representative) relating to your particular lawn and circumstances before taking, or refraining from, any action on the basis of the content on the Web Portal.

Although we make reasonable efforts to update the information on the Web Portal (including the information relating to your account, for example outstanding invoices), we make no representations, warranties or guarantees, whether express or implied, that the content on the Web Portal is accurate, complete or up to date.

9. Acceptable use of the Web Portal

You may only use the Web Portal for lawful purposes. You agree that you shall not use the Web Portal:

• in a way that breaches any applicable local, national or international law or regulation;
• in a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) to any person; and
• in a way that infringes our proprietary rights or those of any third party (including intellectual property rights and rights to privacy);
• to reproduce, duplicate, copy or re-sell the Web Portal (in whole or in part), except as expressly permitted by these Terms.
• to interfere with GreenThumb’s IT systems and data in a malicious manner by attempting to hack, introducing viruses, malware, spyware, or gaining access to the portal under false pretences either via direct use of the Portal or otherwise interfering with GreenThumb’s IT systems and data.

10. Our liability to you

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 and liability for fraud or fraudulent misrepresentation.

Please note that we only provide the Web Portal for your personal use. You agree not to use the Web Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not guarantee that the Web Portal will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Web Portal. You should use your own virus protection software.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The security of communications sent over the Internet (including by email) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications.

If our provision of the Web Portal or support for the Web Portal is suspended or delayed by an event outside our control, then we will not be liable for the suspension or delay.

11. Failure to comply with these Terms

If you fail to comply with any of the provisions of these Terms, we may (at our discretion) decide to take all or any of the following actions as we deem appropriate:

• immediate withdrawal (temporary or permanent) of your right to access and use the Web Portal, including the disabling of your account;
• the issue of a warning to you;
• legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) suffered or incurred by us as a result of your breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We shall not be liable for actions taken by us in response to breaches of these Terms. The responses described in this section 13 are not limited and we may take any other action we reasonably deem appropriate.

12. Rules about linking to the Web Portal

You may link to the homepage of the Web Portal, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Web Portal in any website that is not owned by you or any website that includes unlawful or fraudulent content or has any unlawful or fraudulent purpose or effect. The Web Portal must not be framed on any other website.

We reserve the right to withdraw linking permission without notice.

13. Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract between us relating to your use of the Web Portal.

If a court finds part of these Terms illegal, the rest will continue in force. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

Even if we delay in enforcing these Terms, we can still enforce them later. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14. Governing law

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Terms and Conditions updated 21.07.2024