Lavish Gift Card Terms and Conditions
These terms and conditions (the "Terms") govern your use of your Gift Card. Please take the time to read and understand these Terms before using your Gift Card. We also recommend keeping a copy of the Terms for future reference. If you do not agree to these Terms, please do not use the Gift Card.
- The Gift Card is issued and operated by Action Solutions Limited T/A Lavish, The Grange, Worksop Road, Aston, Sheffield, S26 2EB
- The Gift Card allows you to upload a cash value onto your Gift Card which can be used to pay for products and services. The money loaded onto your Gift Card is only a pre-payment system for the goods and services of participating locations found online at Lavish.co.uk; it is not a credit card, credit line or deposit account. No interest, dividends or any other earnings will accrue on the money loaded onto your Gift Card. Lavish will provide a physical gift card or e-gift card to the value of money uploaded.
- To activate and upload money onto your Gift Card, you must be aged 18 or over and a resident in the UK. The Gift Card can be used by UK residents aged 14 or over, but the purchase of certain products and services are subject to age requirements specified by law.
- The card can be loaded with any value between £5 and £250. The maximum value which may be stored on a Gift Card purchased by you is £250.
- Gift Cards purchased online will be sent to the delivery address stated on each individual order and will be dispatched on receipt of cleared funds. If payment is not received your order will be cancelled.
- If you have purchased the Gift Card through a third party, additional terms and conditions may apply and you should refer directly to that third party for further information.
- The monetary value on your Gift Card can be used as full or part payment for products and services at any participating site in England, Scotland and Wales. When you use your Gift Card, the cash balance on your Gift Card will be reduced by the full cash value of your purchase. You can check your account balance online here. We reserve the right to correct or amend the remaining balance in your account if we believe that an invoicing or accounting error has occurred. If you wish to contest such a correction or amendment to your account balance, please email firstname.lastname@example.org
- You must be present with your Gift Card when you make purchases at your chosen location.
- The money uploaded to your Gift Card cannot be exchanged for cash or refunded to your credit card or debit card. Any remaining balance will be stored on the Gift Card and may be used to pay, in whole or in part, for future purchases
- All money uploaded on your Gift Card will expire 12 months from activation. Any balance left on the Gift Card after this date will be forfeited and cannot be refunded.
- You should treat your Gift Card as cash for any purchases at participating locations. You are responsible for any unauthorised payments using your Gift Card. Therefore please do not allow others to use your Gift Card. Lavish is not liable for lost, stolen or damaged Gift Cards.
- Gift Cards may not be sold, exchanged or used for any other purpose, except as specified in these Terms, without Lavish’s prior written permission.
- Lavish does not warrant or represent that your Gift Card will always be accepted at participating sites. For example, in the unlikely event of a failure of Lavish’s IT and communications systems, Lavish may not be able to accept Gift Cards as payment during such a system failure.
- Lavish reserves the right to refuse to accept a Gift Card or to limit the use of a Gift Card which it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected by fraud, misconduct or unauthorised use. Lavish may withdraw or cancel your Gift Card or take any other action it may deem appropriate if it suspects fraud, misconduct or unauthorised use of your Gift Card. The Gift Card shall become invalid once cancelled and you will not be able to redeem the balance on your Gift Card.
- Lavish’s liability to you in relation to these Terms shall under no circumstances exceed the final balance held on your Gift Card. These Terms set out Lavish’s entire liability to remedy any defect or default in the Gift Card. Save as is provided in these Terms, all warranties, representations, conditions and terms, whether express or implied, written or oral, as to the quality, condition or otherwise (including without limitation its merchantability and fitness for purpose) are hereby expressly excluded to the fullest extent permitted by law. Notwithstanding the above, nothing in these Terms shall affect your statutory rights.
- Lavish shall not be liable to any person for any claim, whether arising in contract, tort (including negligence) or otherwise, for consequential, economic, special or other indirect loss including (without limitation) losses calculated by reference to profits, business, cost of replacement goods, goodwill or income.
- Nothing in these Terms shall exclude Lavish’s liability for personal injury or death caused by its negligence.
- You agree to be liable for and to indemnify Lavish (and its officers, employees, directors, shareholders, representatives, successors and assigns) and hold it harmless against all third party claims, demands and actions and in relation to all liabilities, losses, costs, charges, damages and expenses (including legal fees) incurred in relation to such claims, demands and actions, to the extent that such liability arises from breach of these Terms by you.
- Lavish reserves the right to amend these Terms at any time or withdraw the Gift Card on reasonable notice, such changes will be posted here. If you have registered your Gift Card, then we will notify you of any change, deletion or addition by email. The amended Terms will apply to your use of the Gift Card.
- By purchasing your Gift Card you have provided your personal information (name, address, email address, telephone number) to Lavish who is the Data Controlled. Your personal information will be processed by Lavish in performing the contract you have entered into with it by purchasing and using your Gift Card.
- Your personal data will be retained for 6 years from when the last purchase or refund was made from or to your Gift Card.
- You have the right to object to processing of personal information and to have inaccurate personal data rectified, blocked, erased or destroyed. If you have a concern about the way Lavish is collecting or using your personal data, please raise your concern with our Customer Care team at email@example.com. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/.
- If Lavish fails to exercise its rights immediately, this will not by itself be taken as a waiver of those rights and Lavish may still exercise those rights in the future.
- If any of these Terms is found to be illegal, invalid or unenforceable under applicable law, the offending provision will be severed and remaining terms and conditions will be unaffected (to the fullest extent legally permitted).
- You agree that Lavish may transfer its rights and obligations under these Terms to another person. You may not transfer your rights or obligations under these Terms to anybody else without first obtaining the written consent of Lavish.
- A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
- These terms are governed by English law and the exclusive jurisdiction of the English courts.
- These Terms (together with the documents referred to in them) represents the entire agreement between you and Lavish in relation to your use of the Gift Card and supersedes any previous agreement, whether written or oral, in relation to the Gift Card. If any part of any provision of these Terms shall be invalid or unenforceable, then the remainder of such provision and all other provisions of the Terms shall remain valid and enforceable.
- If you have any general enquiries, queries regarding your Gift Card or if you dispute any transaction that has occurred on your Gift Card, please submit a contact us form or email firstname.lastname@example.org
- You have the right to cancel any unused Gift Card purchased online within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire physical possession of Gift Card. To exercise the right to cancel, you must inform us at Lavish, The Grange, Worksop Road, Aston, Sheffield, S26 2EB of your decision to cancel the cards by a clear statement.
- If you cancel any unused Gift Card, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any unused Gift Card supplied, or (if earlier) 14 days after you provide evidence that you have returned the unused Gift Card, or if there was no Gift Card supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. You shall send back any unused Gift Card with the original packaging intact to the address below or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Gift Card to us. The deadline is met if you send back the Gift Card before the period of 14 days has expired.
Please note all returned Gift Cards must be sent back using recorded delivery and adequately packed to avoid any possible damage in transport. We cannot accept responsibility for Gift Cards damaged during their return, or for postal or other costs incurred when returning Gift Cards.
Please also note that partly used Gift Cards are not cancellable.
Last updated: 20/05/2020
At Lavish we are committed to safeguarding and preserving the privacy of our visitors.
1. COLLECTION OF INFORMATION
The following information is only collected upon completion of an order:
Other information you submit to us
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal detail whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies on your computer.
3. USE OF YOUR INFORMATION
We use the information that we collect from you to provide our services to you. In addition to this we may use the information to one or more of the following purposes.
- To provide information to you that you request from us relating to our products and services.
- To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
- To inform you of any changes to our website, services or goods and products.
If you have personally purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
Where your consent has been provided in advance we may allow selected third parties to use your data to enable them to provide you with information regarding unrelated goods and services which we believe may interest you. Where such consent has been provided it can be withdrawn by you at any time.
4. STORING YOUR PERSONAL DATA
We do our upmost to ensure that all reasonable steps are taken to make sure that you data is treated stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
5. THIRD PARTY COOKIES
On occasion we include links to third parties on this web site, where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy.
6. ACCESS TO INFORMATION
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. If you wish to access your information please contact us at
the right to be informed about the collection and use of your personal data
the right of access to your personal data and any supplementary information
the right to have any errors in your personal data rectified
the right to have your personal data erased
the right to block or suppressing the processing of your personal data
the right to move, copy or transfer your personal data from one IT environment to another
the right to object to processing of your personal data in certain circumstances, and
rights related to automated decision-making (i.e. where no humans are involved) and profiling (i.e. where certain personal data is processed to evaluate an individual).
We also give you the option to manage your data via:
- by writing to us
While we do not hold personal data any longer than we need to, the duration will depend on your relationship with us and we may keep some records for up to 7 years after our working contract with you has finished for Tax reasons, reflecting the Statute of Limitations.