Partner Terms and Conditions
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"
- Acceptance of Lavish vouchers: By joining the Lavish Scheme, you have agreed to accept Lavish 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.
- Verification process: 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. Vouchers accepted by you after their 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 member of the scheme 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.
- Voucher Submission and Partner Payment process: After providing salon treatments to a Lavish customer following verification of the Lavish Voucher, to realise the Partner's remuneration from the Lavish Gift Voucher you must detach the larger part of the voucher, complete the Partner information on the reverse of the and send this part of the voucher directly to Freepost RRXL-JURA-HUKY, LAVISH, PO Box 59816, LONDON, SW14 7UU within 28 days of presentation of the Lavish Voucher to you and treatment being provided to the Lavish customer. Submissions of vouchers outside of such timescale will be invalid and Lavish shall not be obliged to honour them.
Upon presentation 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. The Partner's remuneration from each Lavish Gift Voucher shall be the face value of the Lavish Voucher less the Lavish Commission. The commission fee to be retained by Lavish in consideration of all its services ("Lavish Commission") shall be a voucher fee according to the level of membership of Lavish and agreed when joining the scheme, unless you have exercised any Early Termination rights in which case the Lavish Commission shall be increased to thirty percent (30%). - Lavish shall provide appropriate information and training materials to Partners with respect to the Lavish Scheme from time to time and you shall ensure that such information will be effectively communicated by management to all appropriate and relevant Partner staff.
- You shall 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 web-site editor of any inaccuracies about information shown.
- If you would like changes to be made to published information made available by Lavish about your Spa or Salon, 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 web-editor.
- 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.
- Joining Process to the Lavish Scheme, renewals and early terminations:
- The initial term of your membership to the Lavish Scheme shall be twelve months from your joining date ("Initial Term"). The Initial Term and any renewal term are referred to as the "Membership Term". The Lavish Scheme is an annual membership scheme. On joining all members pay a set up fee ("Set Up Fee") payable by cheque or credit card and then will pay an ongoing membership fee ("Membership Fee"). The Set Up Fee is payable in advance and will be determined by the type of membership chosen (full details of current set up fees are published online). The Membership Fee is payable annually by credit card or cheque in advance. Full details of membership fees are published online. Any changes to the annual fees will be communicated to members at least three months in advance.
- Subsequent Membership Fees are payable by credit card or cheque in advance.
- Renewal terms – Annual membership will automatically renew 12 months after the start of the initial term on the 'Renewal Date' unless 30 days written notice is given. Payment must be made within 30 days of the Renewal Date. Membership Payments made more than 30 days after the Renewal Date will be considered a lapsed membership and a further Set Up Fee/registration fees will be due.
- If you wish to leave the Lavish Scheme 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"). You shall forfeit the Set Up Fee and you shall be responsible for the remainder of the Membership Fees for the remainder of the Term.
- 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.
- During the Early Termination Period you agree that the Lavish Commission shall be thirty percent (30%) collectable from all Lavish vouchers presented rather than the usual commission. In addition, in the event that Membership Fees are not received by Lavish for the Early Termination Period, Lavish shall be entitled to deduct the Membership Fees due from any remuneration otherwise payable to you.
- If you do leave the scheme and then wish to re-join you will be required to pay the Lavish setup fees as if you were joining for the first time.
- Lavish shall be entitled to terminate your membership to the Lavish Scheme 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.
