Terms & Conditions

These terms may have changed since you last reviewed them

Where to find information about us and our services

You can find everything you need to know about us, Kelvin Gardens, and our services on our website or from our sales staff before you order. We also confirm the key information to you in writing before or after you order, by email.

When you buy from us you are agreeing to the following terms.

We only accept orders when we've checked them

We have only accepted your order when we confirm this to you by phone or electronic message such as email.

Sometimes we reject orders

Sometimes we reject orders, for example because we are unable to service your address or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when we supply your service

However, for some services we take payment at regular intervals, as explained to you during the order process.

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of your service is delayed by an event outside our control, such as weather events, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any services you have paid for in advance but not received.

You're responsible for making sure your measurements are accurate

If we've asked you for measurements relating to the service, you're responsible for making sure those measurements are correct. We only use measurements provided by you for quotes and estimates, and we are not bound by those estimates if the work turns out to be more complex or costly for any reason. We will always keep you informed of changes to our initial estimates.

We charge you if you don't give us information we need or do preparatory work as agreed with us

We charge you additional sums if you don't give us information we've asked for about how we can access your property to provide the service or if you don't do preparatory work to prepare for the services, as agreed with us. For example, we might need to return on another vehicle or with extra manpower, reschedule services or clear items from the property to gain access to perform the service. We are not obliged to any of these things, but we always do our best to fulfil the service and will let you know of any cost implications.

You have a legal right to change your mind

For most of our services bought online, over the telephone or on your doorstep, you have 14 days after the date we confirm your order to change your mind about a purchase, but:

You lose the right to cancel any service, when it's been completed (and you must pay for any services provided up to the time you cancel).
If we have already incurred any preparatory costs—for example, the purchase of materials needed to perform the service for you—you will be liable for those costs or for our reasonable costs in obtaining refunds from third parties, whichever is the lower.

How to let us know and what happens next. If you change your mind, contact us at hello@kelvingardens.co.uk. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract

We tell you when and how you can end an on-going contract with us (for example, for regular services) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact us at hello@kelvingardens.co.uk

You have rights if there is something wrong with your service

If you think there is something wrong with your service, you must contact us at hello@kelvingardens.co.uk. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of your key legal rights

The Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

We can change services and these terms

Changes we can always make.

We can always change a service:

to reflect changes in relevant laws and regulatory requirements—for example, if a new regulation requires us to perform the service in a different way; and
to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the service.

Changes we can only make if we give you notice and an option to terminate.

We can also make the following types of change to the service or these terms, but if we do so we'll notify you and you can then contact us at hello@kelvingardens.co.uk to end the contract before the change takes effect and receive a refund for any services you've paid for in advance, but not received:

changing what we charge for specific services, if it will affect the amount you currently pay. For example, if you have a current monthly arrangement for specific services with us, and we plan to continue offering the service unchanged, but plan to increase the price, we must let you know and give you the option to terminate. Note that this does not cover cases where we agree a different scope of work with you. For example, if you have a regular arrangement with us for a specific service, and from time to time you also require another service, the amount you spend with us may naturally vary over time, as the scope of work changes.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a service. We do this to:

deal with technical problems or make minor technical changes;
update the service to reflect changes in relevant laws and regulatory requirements; or
make changes to the service (see We can change services and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the service we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 30 days, you can contact us at hello@kelvingardens.co.uk to end the contract and we'll refund any sums you've paid in advance for services you won't receive.

We can withdraw services

We can stop providing a service. We let you know at least 14 days in advance and we refund any sums you've paid in advance for services which won't be provided.

We can end our contract with you

We can end our contract with you for a service and claim any compensation due to us if:

you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example, providing us with access to the property that requires our services;
to continue with the service would put our staff at risk, for example by working in unsafe conditions;
to continue with the service would put us in breach of any laws or regulations;
you are abusive towards our staff.

We don't compensate you for all losses caused by us or our services

We're not responsible for losses you suffer caused by us breaking this contract if the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.
Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

To the extent that you use a service for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the service and all claims for loss of profit or indirect or consequential loss are wholly excluded.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Policy

You have several options for resolving disputes with us

Our complaints policy. We will do our best to resolve any problems you have with us or our services as per our Complaints policy.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer, you can contact us via any email or phone number listed on our website to end the contract within 30 days of us telling you about it and we will refund you any payments you've made in advance for services not provided.

You can only transfer your contract with us to someone else if we agree to this. We may not agree if this would pose disproportionate risks, costs, or complexity for us, for example. However, you can transfer our guarantee to a new recipient of the service. We can require the new owner to prove you transferred the service to them, for example by email.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.