Terms and Conditions

Effective Date: 29/08/25
Business Name: Ben Edward Cracknell, trading as Ben Edward Landscape Design
Legal Contact:

Ben Edward Cracknell

1 Middle Road, Berkhamsted, Herts, HP4 3EQ

ben@benedwarddesign.com

1. Introduction

Welcome to Ben Edward Landscape Design. By using our website or engaging our services, you agree to these Terms and Conditions. If you do not agree, please do not use our website or services.

2. Our Services

We provide landscape design services, including:

  • Garden design consultations

  • Project planning and layouts

  • Planting schemes and planting advice

All services are provided subject to availability and tailored to your specific project.

3. Engagement and Contracts

  • Services begin once we confirm your project and any deposit is paid.

  • All agreements are between Ben Edward Cracknell (the sole trader) and the client.

  • Clients are responsible for providing accurate information for design purposes.

4. Fees and Payment

  • Our fees are as agreed in written quotes or proposals.

  • Invoices are payable within the stated timeframe.

  • Late payments may incur additional charges as outlined in the invoice.

5. Subscription Services

By subscribing to our newsletter, you consent to receive emails regarding updates, promotions, and design tips. You may unsubscribe at any time via the link in the email.

6. Privacy and Data Protection

We collect and process personal data in accordance with our Privacy Policy and Cookie Policy, including data collected via Google Analytics and Meta Pixel.

  • Third-party business partners: Data may be shared with third-party service providers (e.g., surveyors for invoicing) only with client consent.

  • EEA/UK Representative: If required, our appointed representative can be contacted at [Insert Contact Info].

7. Limitation of Liability

To the maximum extent permitted by law:

  1. Financial Limit

    • Our liability for any claim arising from our services, including landscape design, planting, or project advice, is limited to the amount paid by the client for the relevant services.

  2. Exclusion of Indirect Losses

    • We are not liable for indirect, incidental, or consequential losses, including but not limited to:

      • Loss or damage to plants, trees, or other vegetation

      • Loss of profits or revenue

      • Loss or corruption of data or design files

      • Loss or damage to property

  3. Time Limit for Claims

    • Any claim must be made within 6 months of the delivery of the service or the event giving rise to the claim.

  4. Exceptions

    • This limitation does not affect liability for:

      • Death or personal injury caused by negligence

      • Fraud or deliberate misconduct

      • Statutory rights that cannot be excluded under applicable law

8. Dispute Resolution

  1. Informal Negotiations: Clients are encouraged to contact us to resolve issues directly.

  2. Arbitration: If disputes cannot be resolved informally, they will be submitted to a neutral arbitrator agreed upon by both parties. The arbitrator’s decision is binding.

9. Intellectual Property

All content, including designs, drawings, images, and text, is the property of Ben Edward Landscape Design. Clients may use designs for personal projects but may not reproduce or share them without written permission.

10. Website Use and Cookies

Our website uses cookies and tracking technologies (Google Analytics, Meta Pixel) to improve user experience. For more information, see our Cookie Policy.

11. Changes to Terms

We may update these Terms from time to time. Updates will be posted with a revised effective date. Continued use of our services or website constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by the laws of the United Kingdom. Disputes are subject to UK courts or arbitration as outlined above.

13. Contact

Ben Edward Cracknell
Email: ben@benedwardesign.com
Address: 1 Middle Road, Berkhamsted, HP4 3EQ