1. Terms and Conditions

Terms and Conditions

General website terms

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 (see address above) or by email to info@greenthumb.co.uk. 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/terms


Lawn Makeover Terms and Conditions

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/branch
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:
(a) Phone or email. Call us on the number shown overleaf or email us at the email address shown overleaf. Please provide your name, home address, details of the order and, where available, your phone number and email address. (b) By post. Fill in the form available online to print off at www.greenthumb.co.uk and post it to us at the address overleaf. Or simply write to us at the address overleaf, including details of what you bought, when you ordered or received it and your name and 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.


Lawn Analysis Report

1. Definitions

In these terms and conditions ‘the Supplier’ means the GreenThumb franchisee whose details are printed overleaf. ‘You’ means you, our customer; ‘The Treatments’ means the supply of lawn care services and application of products agreed between the Supplier and You; ‘Contract’ means the contract for supply of the Treatments between you and the Supplier.

2. Supply of treatments

The Supplier will exercise reasonable skill and care in the performance of the Treatments. Any times scheduled for provision of the Treatments are approximate only and time of performance shall not be of the essence unless specifically agreed by the Supplier.

3. Performance of treatments

If the Treatments have not been performed with reasonable care and skill or have failed due to the Supplier’s fault, then the Supplier shall either perform remedial action at no cost to you or refund the price paid for the Treatment in question. Your statutory rights are unaffected.

4. Price and payment

The price for the Treatments is that shown in the literature issued by the Supplier or otherwise notified by the Supplier to You.
The price is payable by You either by Direct Debit or, if not by Direct Debit, within 14 days of the date of the Supplier’s invoice. Quoted prices may be increased from time to time on 30 days written notice from the Supplier to You. If You cancel a Direct Debit whilst owing any money to the Supplier, the Supplier shall invoice you for the amount due or if the Supplier has not performed any Treatments paid for in advance, an appropriate refund will be made to You.

5. Right to cancel

The consumer has the right to cancel the contract if they wish and this right can be exercised by delivering or sending (including by electronic mail) a cancellation notice to the trader at any time within the period of 14 days, starting with the day of receipt of a notice in writing of the right to cancel the contract. The consumer can use the cancellation form provided if they wish. Cancellation should be communicated in writing or by email to the company named above. Cancellation is deemed to be served as soon as it is posted or sent to a trader or in the case of an electronic communication from the day it is sent to the trader. Any related credit agreement will automatically be cancelled if this contract is cancelled. Additionally, please note that consumers on the Enhanced Treatment or Complete Treatment Programme that have been given discounts on treatments received, will be liable for the full PAYG treatment costs, should they cancel before the end of the 12 month period.

Data Protection Policy

GreenThumb Ltd and its franchisees take the issue of protecting your Personal Information seriously and would be grateful if you would take the time to read the following information about our use of your Personal Information. We will use your Personal Information to provide and enhance our services to you: deal with enquiries, administration, security and market research. We may also occasionally wish to contact you by post, telephone or email, about services e.g. other lawn beneficials, which we think may interest you. If you do not wish to receive such information please contact us. We will not disclose your personal information to any third party unless you have consented to such disclosure or where we are required to do so by law.

Please help us to keep your Personal Information current and accurate by contacting us if it becomes inaccurate and/or out of date. Should you wish to contact us for any reason, you can do so at GreenThumb’s registered office:

Compliance Manager
GreenThumb Ltd,
St Asaph Business Park,
St Asaph,
Denbighshire,
LL17 0JD

Or email us: info@greenthumb.co.uk. Alternatively, you can contact your local GreenThumb office.