Garden Waste Collection Service Terms & Conditions

Somerset Waste Partnership (SWP) carries out garden waste collections on behalf of each district council in Somerset in fulfilment of their duties under section 45 of the Environmental Protection Act 1990. This contract sets out the basis on which SWP will provide the Garden Waste Collection Service to residents.

Status of this agreement

1. This agreement forms a binding contract between SWP and you. By subscribing 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.

Price, payment and duration

2. The Garden Waste Collection Service is an annual subscription service. When you register for the Garden Waste Collection Service, SWP will confirm the start date of the service. Part-year subscriptions are not available and no refunds will be made for cancellations part-way through the subscription year (except under the circumstances set out in clause 17 below).

3. The price of the annual subscription to the Garden Waste Collection Service is detailed on SWP’s website at www.somersetwaste.gov.uk/garden-waste-collections/

4. SWP will write to you 30 days before the end of your annual subscription setting out the charge that will be payable for the Garden Waste Collection Service for the following year. If you wish to cancel your subscription rather than to renew it, you must give SWP 30 days’ notice of cancellation before the subscription expires.

Provision and ownership of bins

5. If you are a new subscriber to the service or you have moved to a new property delivery of a bin (or bags) and commencement of collections may take up to 10 working days following your registration.

6. SWP will provide you with a 180-litre bin for use with the Garden Waste Collection Service. Bins remain the property of Somerset County Council. If the bin that has been provided to you is lost, stolen or damaged you may be charged the cost of replacement.

Acceptable use and location of collection

7. Only certain materials should be placed in the bin (or bags) for collection. The table at the end of this contract sets out which materials are accepted, and which are not. SWP will not empty bins (or bags) which contain waste which cannot be accepted.

8. SWP will not empty bins (or bags) where staff reasonably consider there is a risk of personal injury or damage to the bin, the collection vehicle, or other property for any reason including, for example, excess weight (Over 40kg in weight) or frozen contents. Where a collection is refused for this reason your bin will be tagged with an explanation for non-collection. The householder must reduce the weight of the contents or otherwise remove the risk before the bin (or bags) will be emptied at the next scheduled collection.

9. SWP’s decision on whether a bin or bag will be emptied where in its reasonable opinion you have not complied with points 7 and/or 8 above will be final, and an alternate collection will not be arranged nor compensation provided.

10. The Garden Waste Collection Service is only provided 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 your subscription relates. Where you move to another property within Somerset and you wish to transfer your subscription to the new address you must give SWP 10 days’ notice of the change of address.

11. Subscriptions are not available for properties outside the administrative boundary of Somerset. Where you move address to a property outside Somerset and cancel your subscription you will not be compensated.

Frequency of collections, collection failures, and unforeseen events

12. Garden Waste will only be collected from the bin (or pre-paid Garden Waste sacks) provided. SWP will not collect garden waste which is not in the bin (or pre-paid Garden Waste sacks).

13. Garden waste will be collected once each fortnight on your allocated day. You can find details of your collection dates at www.somersetwaste.gov.uk.

14. The day of collection may be affected by Bank Holidays and exceptional circumstances such as inclement weather. SWP will make all reasonable steps to notify you of a change of collection day in good time but this may not be possible in certain circumstances. SWP will always confirm changes on its website www.somersetwaste.gov.uk/garden-waste-collections/ at the time the decision to make the change is made.

15. Bins (or pre-paid Garden Waste sacks) must be put out before 7.00am on your designated collection day and no earlier than the night before and should be removed as soon as possible after collection. You should not place the bin (or pre-paid Garden Waste sacks) in a way that obstructs pavements or roads.

16. It is possible that during your subscription unforeseen events beyond SWP’s control which affect the operation of the Garden Waste Collection Service may arise. Such circumstances may include, but are not limited to:

a. acts of God, flood, drought, earthquake or other natural disaster;

b. epidemic or pandemic, including the effect of government measures to contain and control such outbreaks;

c. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict;

d. nuclear, chemical or biological contamination or sonic boom;

e. collapse of buildings, fire, explosion or accident;

f. any labour or trade dispute, strikes, industrial action or lockouts;

g. interruption or failure of utility service.

17. Where any unforeseen event (or similar) detailed in clause 16 above arise SWP 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 collections under these circumstances. However, where any circumstance arises which prevents SWP from fulfilling this contract for a period of 60 days or more you may cancel your subscription by giving SWP 30 days’ notice in writing. Where you cancel your subscription under these circumstances you will receive a refund, calculated on the basis of the cancelled portion of your subscription.

18. Where a collection is missed for reasons within the control of SWP or its contractor, and SWP is made aware of the missed collection either by you within 5 working days of the scheduled collection or by the contractor SWP will arrange a new collection to take place within 2 working days of the missed collection. No refunds will be provided under these circumstances.

Variation of this contract

19. SWP may vary or amend this contract on giving you 60 days’ written notice of its intention to do so. Where you receive such notice you may cancel your subscription by providing SWP with 30 days’ notice. Where you cancel under these circumstances you will receive a refund which will be calculated on the basis of the cancelled portion of your subscription.

Annual Service Suspension

20. The Garden Waste Collection Service does not operate in the two weeks over Christmas. Your annual subscription has been priced accordingly and no refund will be provided for this period.

Distance selling termination rights

21. 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 pay for the subscription. If you should wish to cancel within this period, please e‐mail to enquiries@somersetwaste.gov.uk. Your subscription fee will be refunded within 14 days of your notice of cancellation if you cancel during this period. If your bin has already been delivered where you cancel in this way SWP will contact you to arrange collection of the bin. A charge may be made where the bin has been damaged after delivery to you.

Data Processing

22. In order to administer the Garden Waste Collection Service it will be necessary for SWP and your district council 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. Somerset County Council, as the administering authority for the Somerset Waste Partnership, 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 SWP. You can see SWP’s privacy notice here: www.somersetwaste.gov.uk/privacy-policy/