Our Terms & Conditions

All Quotations and Contract Agreements

Definitions: The “Company” means MK Garden Design Studio, operated by Melanie Kerr. The “Client” means the person or persons who request or commission the Company to carry out work. “Contract Agreement” refers to the Brief and Fees document.

Contract Formation:

Prior to any works commencing, the Contract Agreement must be signed and returned in paper or electronic form. Upon signature, a binding agreement is formed under these terms. Any conflicting Client terms shall have no effect. A contract may also arise through verbal instructions or agreed alterations. Both parties will retain a copy of these terms as a binding agreement.

Scope of Design Work:

The “Design” includes all work outlined in the Brief and Fees document, including consultation, concept design, presentation, planting plans and technical specifications. All work is based on the agreed written brief and significant changes may incur additional costs.

Additional Meetings and Visits:

Additional meetings, site visits or consultations beyond those agreed will be charged at an agreed rate. This includes meetings with clients, contractors, architects or other professionals. The Company reserves the right to request further site visits where required.

Fees and Charges:

All design works commissioned are fully chargeable. If the Client chooses not to proceed with construction or installation, the full design fee remains payable. Fees are based on known conditions at the time of viewing. Travel time beyond agreed meetings is charged at £45 per hour and overnight expenses will be agreed in advance.

Quotations are valid for 30 days and may be revised thereafter.

Rates are agreed prior to work commencing and outlined in the Brief and Fees document.

VAT is applicable at the prevailing rate. VAT Registration Number: 512 7720 11.

Liability:

The Company’s obligations are limited to design services only. The Company is not responsible for contractor workmanship, construction quality or failure to follow professional advice. Where structural elements are involved, Clients are advised to consult a structural engineer and the Company accepts no liability if this is not followed.

Contractors:

The Company may introduce contractors but all agreements are between the Client and Contractor. The Company accepts no responsibility for contractor performance or resulting loss.

Soft Landscaping:

Following completion, responsibility for all living materials transfers to the Client, including turf, plants, trees, shrubs and hanging baskets. The Client is responsible for all aftercare. Plants and materials cannot be returned or exchanged. The Company is not liable for plant loss due to environmental conditions.

Damage:

The Company is not responsible for damage caused by weather, third parties, or the Client and their visitors.**Late Payments:** Late payments may incur interest at 10% per annum.

Garden Consultations and Masterclasses:

Gift vouchers are non-refundable after the 14 day cancellation period in accordance with Consumer Contracts Regulations 2013. Consultations and masterclasses are non-refundable once completed. Vouchers are non-transferable, cannot be exchanged for cash and will not be replaced if lost or stolen.

Project Monitoring:

Additional consultancy, design input or site visits outside the agreed scope will be charged at an hourly rate or pre-agreed fee.

Sundry Costs:

Additional printing, postage or materials beyond the agreed allowance will be chargeable.

All drawings, designs and documents remain the intellectual property of Melanie Kerr and MK Garden Design Studio and are protected under UK copyright law. They may not be reproduced without permission. The Company reserves the right to use project photographs for promotional purposes unless otherwise requested in writing.

Cancellation:

Deposits taken for design or planting plans are non-refundable out of the 14 day cooling off period.

Design and planting plan cancellations will be charged for work completed plus a £150 cancellation fee.

Maintenance work requires 7 days notice, failing which a 50% cancellation fee may apply. Work may be cancelled in cases of extreme weather deemed unsafe by the Met Office.

Law:

These terms are governed by the laws of England and Wales.

Insurance:

MK Garden Design Studio holds Professional Indemnity and Public Liability Insurance. Copies are available upon request.