Terms & Conditions

1. About us and these terms

This website is run by Mark Miller Landscapes Limited (“we”, “us”, “our”), a company registered in Scotland under company number SC560499, based in Edinburgh. You can reach us at enquiries@markmillerlandscapes.co.uk or on 0131 332 7534.

These terms cover your use of this website and the garden design, landscape construction, restoration, planting and maintenance services we provide. When we agree to carry out work for you we will send a written quotation or contract. That quotation, together with these terms, forms the agreement between us. If the two conflict, the quotation prevails.

2. Using this website

You may use this website for lawful purposes and to find out about us and get in touch. Please do not misuse it, try to gain unauthorised access to it, or introduce anything harmful to it.

The information and images on this website are for general guidance only. Photographs show examples of our past work and are not a promise that any particular result can be achieved in your garden. Nothing on this website is professional engineering, legal or planning advice.

We try to keep the website accurate and available but we do not guarantee that it will be free from errors or interruptions. Links to other websites are provided for convenience and we are not responsible for their content.

3. Our services and quotations

We offer design, construction, restoration, planting and maintenance, which can be quoted together or separately. Each quotation sets out what is included, the price, how payment is staged and how long the quotation is valid.

A contract is formed when you accept our quotation in writing (email is fine) and, where the quotation asks for one, pay the deposit. We may withdraw a quotation before it is accepted.

Our quotations are based on what we can see and are told at the time. If the ground conditions, existing structures, services or your requirements turn out to be different, we will tell you and agree any change in price or timing with you before going ahead.

4. What we need from you

So that we can do the work properly, you agree to:

• give us accurate information about the property, its boundaries and any known underground services, drains or restrictions;

• give us access to the site at the agreed times, with space for materials, skips and equipment;

• confirm that you own the property or have the owner’s permission for the work;

• make decisions and approvals promptly, since delays may affect timing and cost;

• keep children and pets away from the working area for everyone’s safety.

5. Permissions and regulations

Some work needs consent before it can start. Depending on the project, this can include planning permission, a building warrant, listed building or conservation area consent, notice to the council for work to trees in a conservation area, permission for work affecting a tree protected by a Tree Preservation Order, and agreement with neighbours or Scottish Water.

Unless our quotation says we will arrange them, you are responsible for obtaining these consents. We are happy to advise on what is likely to be needed, but that advice is not a substitute for checking with the relevant authority.

6. Prices and payment

Prices are as stated in your quotation, which also says whether VAT is included. Payment is due at the stages and within the period set out in the quotation or on each invoice.

If an invoice is not paid on time we may, after giving you written notice, pause work until it is paid and, where the law allows, charge interest on the overdue amount. Any extra work you ask for beyond the quotation will be agreed with you and charged separately.

7. Timescales and weather

Any dates we give are our best estimate. Gardening and landscape construction depend on the weather, ground conditions and the delivery of natural materials, so dates can move. We will keep you informed and will not be responsible for delay that is outside our reasonable control.

8. Materials and plants

Natural stone, timber, steel that weathers and plants all vary in colour, grain, texture and size, and will change over time. Samples and photographs are a guide, and some variation is normal and is part of the character of the finished garden.

Plants need proper care to establish, especially regular watering in the first seasons. Unless our quotation says otherwise, we do not guarantee the survival of plants, because this depends on weather, aftercare and site conditions that are outside our control. We can provide aftercare and maintenance visits if you would like us to.

9. Your right to cancel

If you are a consumer and we agree the contract at your home or otherwise away from our business premises, you have the right to cancel it within 14 days of the day it is made, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

To cancel, tell us clearly in writing, for example by email to enquiries@markmillerlandscapes.co.uk. If you would like us to start work within the 14 days, we will ask you to confirm this in writing. If you then cancel, you will need to pay for the work done up to the time you told us, and we will refund anything else you have paid within 14 days.

The right to cancel does not apply to goods made to your specification or clearly personalised, such as bespoke planters, once we have started making them. After the 14 days, cancelling is governed by your quotation.

10. Ownership of materials

Materials and plants remain ours until we have been paid in full for them. Risk in them passes to you when they are delivered to your site, so please keep them safe and undamaged until they are installed.

11. Our responsibility to you

We will carry out our services with reasonable care and skill, as the Consumer Rights Act 2015 requires when we work for consumers. Nothing in these terms affects your legal rights as a consumer.

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to exclude. Beyond that, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or being negligent, and our total liability for a project will not exceed the price you paid for it.

We are not liable for loss that was not foreseeable, for loss of profit or business if you are using our services for business purposes, or for damage caused by something we could not reasonably have known about, such as an unmarked underground service.

12. Designs, drawings and photographs

We keep the copyright in the designs, drawings, plans and photographs we create. When you have paid for a design you may use it to build the garden at your property, but you may not copy it, pass it to someone else to build elsewhere or publish it without our written permission.

All rights in the photography and content on this website belong to us or the people who supplied it, and may not be reproduced without permission.

13. Complaints

If something is not right, please tell us as soon as you can at enquiries@markmillerlandscapes.co.uk or on 0131 332 7534, and we will work with you to put it right. If we cannot resolve it between us, free and impartial consumer advice is available from Consumer Advice Scotland at consumeradvice.scot.

14. Events outside our control

We are not responsible for a delay or failure to meet these terms caused by something beyond our reasonable control, such as severe weather, ground conditions, illness, supplier failure or restrictions imposed by the authorities. If this happens we will tell you and take reasonable steps to minimise the effect.

15. General

These terms and your quotation are the whole agreement between us about the work. We may update these terms from time to time, but the version in force when you accepted our quotation continues to apply to that project. If a court decides part of these terms cannot be enforced, the rest still applies. If we do not enforce a right straight away, we can still do so later. No one other than you and us has any right to enforce these terms under the Contracts (Third Party Rights) (Scotland) Act 2017.

16. Governing law

These terms and any dispute arising from them or from our services are governed by Scots law and the courts of Scotland have jurisdiction. If you are a consumer living in England, Wales or Northern Ireland you may also bring proceedings in the courts of the part of the UK where you live.

17. Contact

Mark Miller Landscapes Limited, company number SC560499, 13 Rutland Street, Edinburgh, EH1 2AE. Email enquiries@markmillerlandscapes.co.uk or call 0131 332 7534.