Terms & Conditions

Terms of Sale

These Terms of Sale set out the terms and conditions on which Lunchbox Theatrical Productions Ltd ("we", "us") supply products ("Products") purchased via http://store.imperialicestars.com (the "Site").
Please read these Terms of Sale carefully before ordering any Products via the Site.
By ordering any of the Products, you signify that you have read, understand and agree to be bound by these Terms of Sale.

By clicking to accept these Terms of Sale you agree to be legally bound by these Terms of Sale. If you do not accept these Terms of Sale, you will not be able to order any Products via the Site.

These Terms of Sale shall apply to all sales of the Products by us via the Site and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by us or our authorised representative. Any purported provisions to the contrary are hereby excluded.

1. Making an order.

1.1 To place an order you will need to follow the order procedure set out on the Site. Details of the price payable in respect of any Product and the procedure for payment are displayed on the Site.

1.2 Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.

1.3 We are entitled to refuse any order placed by you.

1.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product.

1.5 All orders are subject to acceptance by us. If we are able to accept your order, we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation. It is your responsibility to check your Dispatch Confirmation and to inform us of any errors.

1.6 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order but which are not confirmed in the Dispatch Confirmation until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

1.7 We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.

1.8 You undertake that all details you provide to us for the purpose of purchasing Products via the Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products.

2. Price and payment

2.1 Payment for all Products must be made by credit or debit card at the time of order. We accept payment only from the credit and debit cards listed at the point of payment on the Site. We will not charge your credit or debit card until we dispatch your order.

2.2 We may change the price of any Product before you place an order. Please also note that the price of any Product may change between the time of your order and us sending a Dispatch Confirmation.

2.3 Subject to obvious errors (see 2.5 below), once we have sent you a Dispatch Confirmation the price of the Product will be as specified in that Dispatch Confirmation.

2.4 We sell a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced or that the price may increase between your order and our acceptance of your order. We will normally verify prices as part of the dispatch procedures so that, where a Product's correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before sending a Dispatch Confirmation and/or dispatching the Product, or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.

2.5 If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing we are under no obligation to provide the Product to you at the incorrect (lower) price, even if we have already sent you a Dispatch Confirmation.

2.6 Prices include VAT but exclude delivery costs, which will be added to the total amount due, and all other applicable taxes and/or import duties.

2.7 You will be responsible for payment of any applicable taxes payable in connection with any order.

3. Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

4. Risk and title

4.1 The Products will be at your risk from the time of delivery.

4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and all other applicable charges, taxes and/or import duties.

5. Identity of Seller

You acknowledge that any Products purchased via the Site will be purchased from Lunchbox Theatrical Productions Ltd and not any of its parent companies, subsidiaries or affiliates.

6. Eligibility

Please note that the purchase of Products via the Site is available only to users that can form legally binding contracts under English law.

7. Cancellations and Refunds

7.1 If you change your mind about buying a Product, you may cancel the purchase after you place your order at any time until the expiry of seven working days after you receive the Products (the "Cooling-Off Period"). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 7.4(a)). You must return the Product to us promptly and so that we receive it within seven days after you cancel the Contract (or if later within seven days of delivery to you).

7.2 If you receive Products which are faulty on arrival or are not what you ordered then we shall, at our option replace or repair any damaged, defective or incorrect products, or refund to you the amount you paid for the goods in question (in accordance with clause 7.4(b)) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the Products.

7.3 To cancel any Contract or order, you must inform us in writing. You must return the Product in the same condition in which you received it, and at your own risk. You must return the Product at your own cost unless you are returning the Product because it was faulty on delivery, or is not what you ordered. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to take reasonable care of any Products and do not return them to us in their original condition, we may have a right to seek compensation from you for any loss of, or damage to, the Product.

7.4 When you return a Product to us:
(a) because you have cancelled the Contract between us within the Cooling-Off Period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us; or
(b) for any other reason (for instance, the Product is defective or not what you ordered), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect or our error will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

7.5 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

7.6 Nothing in this clause affects your statutory rights.

8. Our liability

8.1 We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).

8.2 Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the purchase price of the Product you purchased.

8.3 We do not exclude or limit our liability (if any) in any way:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it is unlawful to exclude, or attempt to exclude, our liability.

8.4 Subject to clause 8.3, you acknowledge and agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim;
(b) any loss of profit or savings;
(c) loss or corruption of data or information;
(d) loss of contracts, business or opportunity;
(e) damage to goodwill or reputation(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with these Terms of Sale, the Products and/or their use thereof, in each case even if we have been forewarned or are aware of the possibility of such loss or damage.

8.5 If you do not receive Products ordered by you within 30 days of the date on which they were despatched to you, we shall have no liability to you unless you notify us in writing of the problem within 40 days of the date on which the goods were despatched to you. If you notify a problem to us under this condition, our only obligation will be, at our option, to make good any shortage or non-delivery.

9. Import Duty

9.1 If you order Products via the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact the relevant customs office for further information before placing your order.

9.2 Please also note that you may also need to comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

10. Data Protection

You acknowledge and agree that details of your name, address and payment record will be processed by and on behalf of us and Lunchbox Theatrical Productions Ltd in connection with the provision of products and services to you in accordance with our Privacy Policy and Lunchbox Theatrical Productions Ltd Privacy Policy.

11. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing (which includes email). When buying Products, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Notices

All notices given by you to us must be given to Lunchbox Theatrical Productions Ltd, 5 Welburn Business Park, Greets House Road, Welburn, North Yorkshire, YO60 7EP or admin@theimperialicestars.com.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Transfer of rights and obligations

13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. Unavoidable Problems

14.1 Neither party shall be liable for any delay or failure in performing its obligations (other than any payment obligation) under a Contract if such delay or failure is caused by circumstances beyond its reasonable control including, without limitation, an act of government, war, civil unrest, fire, flood, an Act of God or failure of suppliers and/or service providers ("Force Majeure"). We may terminate a Contract if we are unable to perform our obligations under a Contract for a period of 60 days by reason of Force Majeure.

15. Waiver

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these Terms of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16. Severability

16.1 If any of these Terms of Sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire agreement

17.1 Subject to clause 18, these Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2 You acknowledge that, in entering into a Contract, you have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms of Sale.

17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms of Sale.

18. Our right to vary these Terms of Sale

We have the right to revise and amend these Terms of Sale from time to time. You will be subject to the policies and Terms of Sale in force at the time that you order products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms of Sale before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. Third Party Rights

Except as expressly provided in clause 5, the parties agree that the provisions of this Contract are personal to them and, save for any rights which may be conferred on Lunchbox Theatrical Productions Ltd are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clauses 5 and 9.

20. Law and jurisdiction

The Terms of Sale and all Contracts for the purchase of Products via the Site will be governed by and construed in accordance with English law. Any dispute arising from, or related to, such Contracts, these Terms of Sale and/or any Product shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

21. Ownership

21.1 This Site is owned and operated by Lunchbox Theatrical Productions Ltd.

We are registered in England and Wales under company number 5196850 and with our registered office at No.5 Welburn Business Park, Greets House Road, Welburn, North Yorkshire, YO60 7EP, United Kingdom. Our main trading address is No.5 Welburn Business Park, Greets House Road, Welburn, North Yorkshire, YO60 7EP, United Kingdom.

21.2 If you would like to contact us for any reason, please contact us using the following details:

Telephone: 01653 619650
Email: admin@theimperialicestars.com