1. Garden Waste annual chargeable service terms and conditions
North Somerset Environment Company carries out garden waste collections on behalf of North Somerset Council. The basis on which the Garden Waste Collection Service is provided to residents is set out in these terms and conditions.
2. Status of this agreement
This agreement forms a binding contract between North Somerset Council (NSC) and you. By signing up to the Garden Waste Collection Service you agree to be bound by the terms set out here. Acceptance of the terms does not affect your statutory rights.
3. Price, payment and duration
a. The Garden Waste Collection Service is a voluntary opt in service starting from the 1 April and running to 31 March in the following year (the collection period) and for which an annual fee is payable in advance.
b. The opening and closing dates in which you can subscribe to the Garden Waste Service will be advertised on the garden waste page of our website and you can subscribe to the service at any time between these dates (the subscription period).
c. A garden waste collection fee is payable annually up front per bin or set of three bags. The price of sign up to the Garden Waste Collection Service is detailed on the North Somerset Council website at: www.n-somerset.gov.uk/gardenwaste and will be revised annually. Payment can be made online or by phone. The full annual fee is payable if you subscribe to the service at any time during the subscription period.
d. Collection dates for the Garden Waste Collection Service can be found on the garden waste page of our website www.n-somerset.gov.uk/gardenwaste
e. At the point of application if you are in receipt of:
- council tax support; or
- severe mental impairment council tax discount; or
- an armed forces council tax exemption; or
- live in a student only household
you will be offered a reduction of 75% on your subscription fee. Your eligibility is assessed at the point of application only and any discount offered will automatically be applied when you sign up.
f. If your circumstances change at any time during the collection period and you become eligible for council tax support and/or the council tax discount or exemption listed above or move to live in a student only household, you will not be offered a refund for monies already paid.
g. If you no longer wish to subscribe to the service, no refunds will be made for cancellations part way through the year (except under the circumstances set out in clause 6.g)
h. If you do not renew your garden waste subscription, NSC reserve the right to remove the garden waste bin/s or bags from your property.
i. Renewing your subscription is your responsibility. To ensure continuation of service you should renew and pay the annual fee at least 15 working days before the end of the current collection period. Failure to pay the annual charge will automatically result in the service ending without notice.
4. Provision and ownership of bins
a. If you already have a bin or bags, it can take up to 15 working days for your property to be set up to receive collections following your payment.
b. If you have not previously subscribed to the Garden Waste Collection Service, the bin or bags will be delivered to you and your property set up to receive collections within 28 working days following sign up and payment.
c. If you do not have a bin, NSC will provide you with a 240-litre bin as standard for use with the Garden Waste Collection Service. Where a property is not suitable for a wheeled bin and receives a sack refuse collection, three white 70 litre garden waste bags will be provided instead. Bins and bags remain the property of NSC. If your bin or bags are lost, stolen, or become damaged through neglect or misuse NSC reserve the right to charge you for the cost of replacing the bin/bags and delivery to you.
d. You will either be given a permit sticker to stick on the bin or permit tags to attach to garden waste bags. If you have a bin and a permit sticker the permit sticker will already be printed with your residential address. If you have garden waste bags the permit tags will have a blank space on which to write your residential address.
e. If after you have paid your subscription you do not receive a container(s) (and you need one) and/or a permit, you need to bring this to our attention within 28 days of sign up and payment. Please email us at gardenwaste@n-somerset.gov.uk and we will look into the matter for you.
f. If you are moving house within North Somerset, you can transfer your subscription to your new address at no additional cost. This must be recorded by contacting us through our council connect team online (www.n-somerset.gov.uk/gardenwaste) or by phone once you have moved. The subscription will be transferred from your old address to your new address within 25 working days. You must take the garden waste container(s)with you when you move.
g. We do not offer refunds if you move out of the North Somerset area or no longer use the service in your new home.
5. Acceptable use and location of collection
a. Only certain materials can be placed in the bin or bags for collection. A list can be found at www.n-somerset.gov.uk/gardenwaste which sets out which materials are accepted, and which are not. NSC will not empty bins or bags that contain incorrect material.
b. NSC will not empty bins or bags where staff reasonably consider there is a risk of personal injury to staff or damage to the bin or bags, the collection vehicle, or other property for any reason including, for example, excess weight or frozen contents. Where a collection is refused for this reason, a log of the refusal reason will be made on the waste management system. The householder must reduce the weight of the contents or otherwise remove the risk before the bin or bags will be emptied on the next scheduled collection.
c. NSC’s decision on whether a bin or bags will be emptied where you have not complied with clause 5a and/or clause 5b will be final, and an alternate collection will not be arranged, nor compensation paid.
d. The Garden Waste Collection Service is provided only to domestic properties (i.e, those which fall within the definition of “dwelling” in section 3 of the Local Government Finance Act 1992). Collections will not be made from any property other than the property to which you sign up or a property to which you have moved to following a formal transfer request (see clause 4.f).
6. Frequency of collections, collection failures and unforeseen events
a. Garden Waste will only be collected from the bin or bags provided. NSC will not collect garden waste which is not in the bin or bags and in the case of a bin the lid must be closed.
b. Subject to the provisions of this clause 6 and clause 8 (Annual Service Suspension) and events which are beyond NSC’s control, it is the intention that garden waste will be collected once each fortnight (March - November) or thereabouts and monthly during the winter months (December – February) or thereabouts. Details of the intended collection days are available on NSC’s website. The day of collection may be affected by Bank Holidays. We will take reasonable steps to notify you of a change of collection day in good time via the website, recycling, and waste social media pages.
c. NSC reserve the right to change your collection day at any time during the collection period. The new collection day may be on a different day from your recycling and domestic waste collection day(s). Should this happen NSC will contact you by letter or email informing you of the change. However, we cannot guarantee that you will receive such notice.
d. Severe weather or other events outside of our control may prevent collection taking place. If a collection cannot take place on your allocated day for these reasons, we will make reasonable steps to collect your garden waste as soon as possible to do so. This may be on your next scheduled collection day, and we will take reasonable steps to notify you of any change of collection day via the website and/or the recycling and waste social media pages.
e. Bins or bags must be put out before 6.30am on your designated collection day and no earlier than the night before and should be brought back onto your property as soon as possible after collection. You should not place the bin or bags in a way that obstructs pavements or roads.
f. It is possible that during the collection period unforeseen events beyond NSC’s control may arise which affect the operation of the Garden Waste Collection Service. Such circumstances may include, but are not limited to:
- acts of God, flood, drought, earthquake, or other natural disaster
- epidemic or pandemic, including the effect of government measures to contain and control such outbreaks
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict
- nuclear, chemical, or biological contamination or sonic boom
- collapse of buildings, fire, explosion, or accident
- any labour or trade dispute, strikes, industrial action or lockouts
- interruption or failure of utility service
g. Where any unforeseen event (or similar) detailed in clause 6f arises NSC reserves the right to vary the Garden Waste Collection Service including by cancelling or rescheduling collections as far as is reasonably necessary under the circumstances. No refund will be provided for cancelled or rescheduled collections. However, where any circumstance arises which prevents NSC from fulfilling this contract for a period of 60 days or more you may cancel your sign up by giving NSC 30 days’ notice in writing to Garden Waste, Recycling and Waste, Castlewood, Tickenham Road, Clevedon, BS21 6FW (or by email to gardenwaste@n-somerset.gov.uk ). Where you cancel the garden waste service under these circumstances you will receive a refund which will be calculated on the basis of the cancelled portion of the service year.
h. If a collection is missed for reasons within the control of NSC or its contractor, you must log a missed collection by the end of the following working day online at www.n-somerset.gov.uk/missedcollection or if NSC are made aware by the contractor, NSC will then endeavour to arrange a new collection to take place as soon as reasonably practicable after the date of the log. No refunds will be provided under these circumstances.
7. Annual Service Suspension
The Garden Waste Collection Service does not operate for a period around Christmas (thereby enabling the increased collection of other waste over this period). Collection calendars will be updated annually in the autumn to reflect this, but the period is likely to last for approximately six weeks (give or take a week or two). No refund will be provided for this period.
8. Termination rights under the Consumer Rights Act 2015
Under the Consumer Rights Act 2015 you have the right to change your mind about your subscription and cancel your contract within a 14-day period. The 14 days will commence from the day you sign up and pay. If you should wish to cancel within this period, please e‐mail: gardenwaste@n-somerset.gov.uk. Your signup fee will be refunded within 14 days of your notice of cancellation if you cancel during this period. Where you cancel in this way and if you already have a bin or bags then NSC may contact you to arrange collection of the bin/bags. A charge may be made where the bin or the bags have been damaged after delivery to you.
9. Data Processing
To administer the Garden Waste Collection Service, it will be necessary for NSC to process certain personal data. All personal data will be processed in accordance with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation. NSC will process subscriber’s personal data on the basis that the processing is necessary for the performance of the Garden Waste Collection Service contract between you and NSC.