Terms and conditions for garden waste

By subscribing to the garden waste collection service, you accept the following terms and conditions:

1. You agree to pay the council a subscription fee to collect your garden waste. You are required to subscribe for the garden waste collection service ("the services") on an annual basis ("the subscription period") by payment of an annual fee ("the subscription fee"). The subscription fee is a one-off fee and is irrespective of when you subscribe during each and any subscription period. Upon the council receiving payment of the subscription fee you will be issued with a license and if you move property, the subscription fee is not refundable and the license is non-transferrable.
2. The council reserves the right, in its absolute discretion, to refuse an application for the services.
3. The council reserves the right to increase, or decrease, the subscription fee from time to time. You will receive notice of any such changes at least one month prior to the commencement of the next subscription period.
4. You will be provided with a 240 litre wheeled bin (“the bin”) or garden waste sacks (“the sacks”). We aim to deliver this within 14 days of the council receiving payment of your subscription fee. During peak subscription periods, delivery may take longer. Sacks will only be issued to those properties that cannot accommodate a bin (for reasons such as access, excess number of steps etc.).
5. You shall be responsible for placing the bin(s) or sacks on your property, so as not to cause a nuisance. Bins or sacks must not be stored on the highway.
6. You shall place the bin(s) or sacks to be emptied at the kerbside for collection by the council's employees. Bin(s) or sacks should be presented at the kerbside no later than 7am on your designated collection day.
7. The council offers an assisted collection service to residents who are disabled or have mobility issues and cannot move bin(s) or sacks to and from the kerbside. Only residents who have an agreed assisted collection service with the council will be exempt from presenting bin(s) or sacks at the kerbside.
8. The council will collect information about you when you subscribe to the services (for example, name, property address, email address and telephone number). This allows the council to provide the services and for it to contact you in relation to the renewal of your current subscription fee. The council has a duty to keep records up to date therefore you are required to notify it of any changes to your personal details. You should inform the council of any changes to your address.
9. The services apply to domestic households, and or other locations at the council's discretion.
10. If you are provided with a bin, the subscription fee is charged on a per bin basis. If you wish to subscribe for more than one bin you will be charged an additional subscription fee. If you are provided with sacks, the subscription fee covers an annual amount of sacks. If you wish to subscribe for more than the annual amount of sacks you will be charged an additional subscription fee.
11. The subscription fee for the provision of the services is the same irrespective of whether you are given a bin or sacks
12. Once you have subscribed to the services, you will be sent a license which must be affixed to your bin(s) or sacks. Only those bin(s) and sacks displaying a valid license will be emptied. Once the council has received your payment of the subscription fee, it will take up to 14 days for you to be issued with a license and for collections to be instigated. Prior to the season starting it may take longer than 14 days for your license to be issued.
13. The bin(s) and sacks used for the services remain the property of the council at all times. The bin(s) and sacks should remain at the premises stated on the application form unless it is removed by the council.
14. If you want to cancel the services you have arranged online or over the telephone, you are entitled to a 14 day cooling-off period during which time you can cancel for any reason and receive a refund. If you wish to cancel the services, you must contact the council on 01423 500600. You are not entitled to a refund if you move property during the subscription period.
15. Refunds will not be issued for missed collections. If there is a genuine missed collection (where there is proof the bin was presented on time and the council did not collect the waste), the council will aim to return to the property for a missed collection within five working days. If this is not possible, for operational reasons, you are allowed to present additional garden waste at the next collection. You are not entitled to receive a partial or full refund for missed collections.
16. Once you have subscribed to the services, the council will notify you when your next annual subscription fee is due. You will be notified at least one month in advance of the next subscription period. If you pay by direct debit, the council will notify you of the date on which the direct debit will be taken from you prior to the commencement of the subscription period.
17. Delays to the services may apply (1) during inclement weather, (2) in cases of operational difficulty or (3) any event or circumstance which is outside of the reasonable control of the council's control and shall include but is not limited to war, civil war, armed conflict or terrorism, strikes, lockouts or other industrial actions, riot, fire, flood and earthquake, pandemics and epidemics. For the purposes of this paragraph, (1) - (3) above are defined as an event or circumstance.
    • 17.1 The council is not responsible for delays outside of its control. If the supply of the services is delayed by an event or circumstance outside its control then information will be published as soon as possible to notify you of a delay. The council will take steps to minimise the effect of the delay. Provided it does this, it will not be liable for delays caused by the event or circumstance.
18. With the exception of paragraph 14 there will be no refund or reductions for part year subscriptions. Neither will there be refunds or part refunds for the cancellation of the service part way through the subscription period.
19. These terms and conditions in relation to the services do not affect your statutory rights.
20. The council may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under these terms and conditions and may subcontract or delegate in any manner any or all of its obligations under these terms and conditions to any third party or agent.
21. A person who is not a party to these terms and conditions shall not have any rights to enforce them.
22. The council reserves the right to vary these terms and conditions at any time without notice.
23. These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
24. The council reserves the right to end these terms and conditions at any time and for whatever reason by giving you one month's notice of termination.