The Lavish Gift Company Limited is referred to in these Terms and Conditions as “Lavish”; the voucher purchase scheme operated by Lavish is referred to as the “Lavish Scheme”; and vouchers purchased by Lavish customers are referred to as “Lavish vouchers”. Your Salon or Spa is referred to in these Terms and Conditions as “Partner” or “you”.
- Description of Service. Lavish shall (i) deliver the marketing support for the Salon or Spa (Partner). (ii) will publish on lavish.co.uk a listing for the Partner, showing information entered to the listing on line. Should the partner operate multiple locations a separate listing is required for each location. Unless other commercial terms have been reached between Lavish and the Partner.
- The partner will provide up to date and accurate information about your salon and services to Lavish upon request. Information contained in both printed listings and at www.lavish.co.uk shall be owned and updated by Lavish. You shall be responsible for advising the Lavish of any inaccuracies or changes to product, treatment or business information, via email to firstname.lastname@example.org.
- The Partner will have and retain full and exclusive right, title and ownership interest in and to content and graphics provided to Lavish for inclusion on the website. The Partner grants to Lavish a non-exclusive, royalty free license to use, reproduce and to edit any content for inclusion on the Lavish website and/or other marketing channels as Lavish deems reasonably appropriate.
- If you would like changes to be made to published information made available by Lavish about your business, Lavish agrees to use its reasonable endeavours to ensure that changes to published information on line will be made no later than 7 days after your notifying the Lavish web-editor in writing of the changes required. Lavish agrees to use its reasonable endeavours to ensure that changes to printed information will be made no later than 28 days of notifying the Lavish via email at email@example.com.
- Lavish shall provide appropriate information and and on boarding collateral materials to its Partners. You shall ensure that such information will be effectively communicated to all appropriate and relevant partner staff, and that they are made fully aware of your participation in the Lavish.
- You will ensure that any member of staff providing goods and services in exchange for Lavish Gift Vouchers is fully qualified and professionally insured member of staff. You will comply with Lavish’s Partner insurance requirements in place from time to time and in particular shall have in place comprehensive public liability, professional indemnity and occupier’s liability insurance at all times.
- You shall be directly responsible to the Lavish customer in the event that any claims arise as a result of your providing services to that person and further you shall fully and effectively indemnify and hold harmless Lavish from all claims made against it in relation to your redemption of Lavish vouchers and/or the provision of your services.
Acceptance of Lavish Vouchers
- Partners may accept i) Lavish Monetary Value Vouchers ii) Lavish Partner Specific Vouchers
- By joining the Lavish you have agreed to accept Lavish Monetary value Gift Vouchers as payment for all goods and services the same as you accept cash, without exception and without exclusion and to treat Lavish customers as your direct customers in your dealings with them. Lavish will ensure that relevant and necessary steps are taken to issue vouchers with the utmost consideration for security issues to guard against fraudulent duplicates being presented to a Lavish Partner.
- By joining Lavish you also have agreed to accept Partner Specific vouchers, that have been retailed at lavish.co.ukand which are valid for goods and services offered specifically at your partner location(s). You may not accept Partner specific vouchers valid for goods and services offered by other partner locations.
- Verification process: All Lavish Vouchers must be checked for validity by you in accordance with the verification process (“Verification”) which will include checking that vouchers are presented within their expiry dates. A voucher accepted by you after the expiry date will not be honoured by Lavish and acceptance of the same is at Partner’s own risk. You will be advised of the full verification process in the Step-by-Step guide contained within the Welcome Pack that you will receive on becoming a partner and published online at www.lavish.co.uk.
- In the unlikely event of a fraudulent voucher being presented – your salon and staff will be responsible for informing the customer of its invalidity and Lavish will not thereafter accept a voucher that is considered fraudulent. If a Partner is uncertain about a voucher’s validity, the partner must call Lavish on 01590 671465 for clarification before accepting the Lavish Voucher.
- Voucher Submission process: After providing goods and services to a Lavish customer following verification of the Lavish Voucher, to realise the Partner’s remuneration from the Lavish Gift Voucher you must follow the online redemption process for speed and security. This must be done before the voucher has passed its expiry date. Partners are required to keep hard copies of Lavish vouchers until payment has been received.
- Partner Payment process: Upon submission of Lavish Voucher and Partner verification by Lavish, the Partner’s remuneration to be paid to the Partner by Lavish shall be submitted by bank wire transfer at the end of each proceeding month.
- The Partner’s remuneration from each Lavish Monetary Value Gift Voucher and/or each Spa Package Voucher shall be the face value of the Voucher less the Lavish Commission.
Joining Process, payment, renewals and early terminations:
- The initial term of your listing with Lavish shall be twelve months from your joining date (“Initial Term”). The Initial Term and any renewal term are referred to as the “Listing Term”.
- Renewal terms – Annual listing will automatically renew 12 months after the start of the initial term on the ‘Renewal Date’ unless 30 days written notice is given.
- If you wish to leave Lavish for any reason prior to the expiry of the Initial Term or any subsequent renewal, you agree as follows:
- You shall provide written notice to Lavish and such notice shall take effect 90 days after the date of termination (“Early Termination”).
- During the 90-day notice period (“Early Termination Period”) you agree that you shall accept Lavish vouchers for at least the following 90 days – following the date of the Early Termination notice.
- Partners may not accept Lavish vouchers following termination or request redemption payments once no longer in a Listing agreement with Lavish.
- Lavish shall be entitled to terminate your listing with the Lavish Scheme, and would notify Partner in writing with immediate effect if: –
- The Partner is in breach of these terms and conditions;
- The Partner is subject to an insolvency event;
- Any other reasons that are deemed relevant at the time by Lavish (“Cancellation”). In the event that Lavish exercises this Cancellation Right, Lavish shall only be obligated to return to partner the unexpired term of the Annual Fee. The original Joining Fee shall be forfeited.
- The terms and conditions of this Listing are confidential information of Lavish and the Partner shall not make any public statement, press release, or other announcement relating to, or otherwise disclose to any third party, the status, terms and conditions of or existence of this agreement without the prior written approval of Lavish. This provision shall survive any expiration or termination of the Listing
- Lavish reserves the right to modify the policies relating to the Listing at any time, effective upon posting of an updated version of these Terms and Conditions at www.lavish.co.uk. Partners are responsible for regularly reviewing these Terms and Conditions. Continued use of services provided by Lavish after any such changes shall constitute your consent to such changes.
- Lavish reserves the right to terminate its Spa & Beauty Scheme upon 30 days’ notice to the Property. However, Lavish will honour any Lavish vouchers submitted for redemption if presented to the Partner.
Data Processing Policy
Under the newly introduced GDPR requirements we have an obligation to implement technical and organisational measures to show that we have considered and integrated data protection into our processing activities.
What we need
We only collect personal data about you which enables us to fulfil your gift order. It does not include any special types of information or location based information. This does however include your name, delivery address, email and in some cases your contact number.
Why we need it
We need to know your basic personal data in order to provide you with our gifting services and provision of services in line with contractual agreements with our channel partners and suppliers. We will not collect any personal data from you we do not need in order to provide and oversee this service to you.
What we do with it
All the personal data we process is processed by our employees who are based in the UK. However, for the purposes of IT hosting and maintenance this information is located on servers within the European Union. No 3rd parties have access to your personal data unless the law allows them to do so.
We have a Data Protection regime in place to oversee the effective and secure processing of your personal data.
How long we keep it
All data provided is for purpose of gift fulfilment and is destroyed after 30 days, or sooner if the gift is dispatched and confirmation is received of its receipt. No further contact will then be made.
What are your rights?
If at any point you believe the information we process on you is incorrect you can request to see this information and even have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law, you can complain to the Information Commissioner’s Office (ICO).
Terms & Conditions last revised July 2018