Terms & Conditions
These terms must be agreed to before attending A Right Royale Tea dining experience.
A Right Royale Tea is produced and promoted by BoRo Live Experiences.
1. THESE TERMS
1.1 What these Terms and Conditions cover.
These Terms and Conditions cover:
Our supply of A Right Royale Tea to you called SERVICES.
Our supply of Products such as merchandise or other Products that we sell called PRODUCTS.
1.2 Why you should read them.
Please read these Terms and Conditions carefully. These Terms and Conditions tell you who we are, how we will provide our Services and Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that these Terms and Condition require any changes, please contact us to discuss.
1.3 Are you a business customer or a consumer?
In some areas you will have different rights under these Terms and Conditions depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying Products and/or Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you.
If you are a business customer these Terms and Conditions constitute the entire agreement between us in relation to your purchase order. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
“We/Us/Our” are BoRo Live Experiences Limited a company registered at 5 Poole Road, Bournemouth, Dorset, United Kingdom, BH2 5QL in England and Wales. Our company registration number is 11916187
2.2 How to contact us.
You can contact us by email Service at: hello@BoRoExperiences.com. Please put the subject matter in the email header and the booking number (if applicable).
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your booking.
When you place your order on our website currently the prices will be as per the website in UK sterling. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your booking.
If we are unable to accept your order, we will inform you of this via email and will not charge you for the Service or Product. This might be because; the Service has been changed beyond our control, the Service can no longer run, because of unexpected limits on our Services which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Service or Product or because we are unable to meet the date or a delivery deadline you have specified.
3.3 Your booking number.
We will assign an individual booking number to your booking when you purchase from our online booking website and tell you what it is when we accept your order. It will help us if you can tell us the booking number whenever you contact us about your order.
3.4 We only sell to the UK.
Our website is solely for the promotion of our Services and/or Products in the UK. All purchases are governed under English consumer law.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Service you have ordered please contact us as per Clause 8.5.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the Services
We may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a security threat;
(c) to change the advertised route for the Service; or
(d) if you breach our Rules (as defined below).
5.2 More significant changes to the Services and these Terms and Conditions.
We may make changes to the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for, but not received.
5.3 Your Experience with Us - The Rules
We will provide the performance A Right Royale Tea to you on the date and time and length of time as set out on the booking email receipt. Our member of Staff will be on-hand to greet you at the venue. As part of these Terms and Conditions you warrant that you will follow the strict Health and Safety Procedures (the “Rules”) as explained to you by the member of Staff. These include, without limitation:
Follow a dress code and keep a minimum of; a top and shorts and shoes on at all times;
Alcohol, smoking (including e-cigarettes), and chewing gum is not permitted in the venue;
Anybody suspected on being under the influence of alcohol or drugs will not be permitted to entry and no refunds given.
No physical contact with any of the actors. Any physical or verbal abuse of a Staff member, actor or a member of the public will not be tolerated and we will prosecute to the greatest extent of the law;
No abusive language or aggressive behaviour;
Sportsman-like behaviour at all times;
You understand that by breaching the Rules I will be held personally financially liable for any fines/fees that we incur by any authority or regulation including but not limited to any breach of noise, alcohol, or unruly behaviour.
For the avoidance of doubt anyone who breaches the Rules will be asked to leave the performance, you will not receive a refund and where necessary we will prosecute to the greatest extent of the law.
5.4 We are not responsible for delays outside our control such as extreme weather and venue changes.
If our supply of the Services and/or Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Services or Products you have paid for, but not received. For the avoidance of doubt the Services (A Right Royale Tea) will operate in all weather conditions except when there is risk to safety, such as extreme ice, snow, heavy rain, floods or high winds. If the Service is in operation, i.e. is “open” and you have booked and you do not attend, then you may not be entitled to a refund.
5.5 If you do not allow us to provide Services.
If you are late or do not turn up on the designated date and time for us to provide the Services as arranged (and we believe you do not have a good reason for this (at our sole discretion) you will not get a refund and we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you we may end the contract and Clause 10.1(d) will apply.
6.1 Our Products
You can purchase our Products in two ways; via our third party website online sales currently at https://boroexperiences.teemill.com, such as t-shirts and hoodies (which are administered directly by Teemill) or in person at our performance, such as merchandise.
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the Products.
We may change the Product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to make changes to the Products via us or Teemill or as requested by you.
7.2 More significant changes to the Products and these Terms and Conditions.
We or Teemills may make changes to the Product, but if we and/or Teemills do so, we will notify you and you may then contact us or Teemills to end the contract before the changes take effect and receive a refund for any Products paid for, but not received.
7.3 Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
If your Product is Products, the Consumer Rights Act 2015 says Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
a) Up to thirty (30) days: if your Products are faulty, then you can get an immediate refund.
b) Up to six (6) months: if your Products cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
c) Up to six (6) years: if your Products do not last a reasonable length of time you may be entitled to some money back. Subject to where it would be fair and reasonable for the Product to last six years. For the avoidance of doubt this does not include consumables and all clothing is under fair wear and tear use.
All subject to Clause 8.4.
If we supply Services, for example a ticket to attend the Services, the Consumer Rights Act 2015 says, if you haven’t agreed a price beforehand, what you are asked to pay must be reasonable. Subject to Clause
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
a) If what you have bought is faulty or mis-described?
You may have a legal right to end the contract (or to get the Product repaired or replaced, where applicable), see Clause 7.3;
b) If you want to end the contract because of something we have done or have told you we are going to do.
See Clause 8.2;
c) If you are a consumer and have just changed your mind about the Product?
See Clause 8.3. You may be able to get a refund if you are within the fourteen (14) day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind).
See Clause 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services and/or Products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Services and/or Products or these Terms and Conditions which you do not agree to (see Clause 7.2);
(b) we have told you about an error in the price or description of the Services and/or Products you have ordered and you do not wish to proceed (see Clause 11.3);
(c) there is a risk that supply of the Services and/or Products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Service or Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than thirty (30) days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most Products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in Clauses 8.4 and 8.5.
8.4 When consumers do not have a right to, change their minds, get a refund or repair.
Your right as a consumer does not apply in respect of:
(a) Services, once these have been completed, even if the cancellation period is still running;
(b) Products that have been worn and used;
(c) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them (these include consumables such as food and drink and canned water); or
(d) Any Products which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds?
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought Services? If so, you can notify us via email:
(i) Up to fourteen (14) days before the performance commences and we agree to refund you one hundred percent (100%) of the total cost within fourteen (14) days of acknowledgement of email receipt; or
(ii) thirteen (13) days or less until you’re the performance, or you have already experienced the performance, you cannot change your mind, even if the period is still running and you will not receive a refund.
(b) Have you bought Products? If so you have fourteen (14) days after the day you (or someone you nominate) receives the Products unless your Products are split into several deliveries over different days. In this case you have until fourteen (14) days after the day you (or someone you nominate) receives the last delivery as per the https://boroexperiences.teemill.com Term of Sale https://boroexperiences.teemill.com/terms-of-sale .
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Products is completed when the Product is delivered and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.0 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know via email. Email us at: hello@BoRoExperiences.com . Please provide your name, home address, details of the order and, where available, your phone number and email address and the email header “Cancelling Contract”.
9.2 When your refund will be made.
Refunds due to you will be made as soon as possible. For refunds of our Products purchased on https://boroexperiences.teemill.com please see the Terms and Conditions of Sale https://boroexperiences.teemill.com/terms-of-sale for the returns and refunds policy as a business customer or a consumer.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it.
We may end the contract for a Service or Product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Service or Products, for example, your contact details, full name, address or payment details;
(c) you do not, within a reasonable time, allow Teemill to deliver the Products to you; or
(d) you do not, allow us to supply our Services.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for Services and/or Products we have not provided, subject to a deduction or charge of reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the Service or Product.
We may write to you to let you know that we are going to stop providing the Service or Product. We will let you know at least ten (10) days in advance of our stopping the supply of the Service or Product and will refund any sums you have paid in advance for the Service or Products which will not be provided.
10.4 Reasons we may suspend the supply of Services or Products to you.
We or Teemill may have to suspend the supply of Services and/or Products to:
(a) deal with technical problems or make minor technical changes;
(b) update the Service or Product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product as requested by you or notified by us or Teemill to you (see Clause 7); or
(d) you breach any of our Rules as explained to you in these Terms and Conditions as listed in Clause 5.3 above and/or in addition by the venue.
10.5 Your rights if we suspend the supply of Services and/or Products.
We will contact you in advance to tell you we will be suspending supply of the Service or Product, unless the problem is urgent or an emergency. If we have to suspend the Service or Product for longer than thirty (30) days we will adjust the price so that you do not pay for the Service or Products while they are suspended. You may contact us to end the contract for a Service or Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than thirty (30) days and we will refund any sums you have paid in advance for the Service or Product in respect of the period after you end the contract.
10.6 We may also suspend supply of the Service or Products if you do not pay.
If you do not pay us for the Service or Products when you are supposed to (see Clause 11.4) we and/or Teemills may suspend supply of the Services and/or Products until you have paid us and/or Teemills the full amounts. We and/or Teemills will contact you to tell you we and/or Teemills are suspending supply of the Services or Products. We and/or Teemills will not charge you for the Services and/or Products during the period for which they are suspended. As well as suspending the Services and/or Products we and/or Teemills can also charge you interest on your overdue payments. Interest is chargeable at the rate of eight percent (8%) a year above the base lending rate of Bank of England as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11. PRICE AND PAYMENT
11.1 Where to find the price for the Services or Products.
The price of the Services and/or Products (which includes VAT) will be the price indicated on the order pages when you placed your online order. We take all reasonable care to ensure that the price of the Services and/or Products advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the Services and/or Products you order.
11.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the Service or Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the Services and/or Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services and/or Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services and/or Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
11.4 When you must pay and how you must pay.
We accept payment with all accepted Credit or Debit Cards or PayPal via the online booking form. Please note that we do not hold or accept any cash at the venue and all payments must be made via the credit/debit cards listed above. When buying our Products via Teemill they accept Visa, MasterCard, Amex, Discover and PayPal. When you must pay depends on what Product you are buying:
(a) For Products, When purchasing directly from us at the venue you pay for the Product and can take the Product away with you. When buying via https://boroexperiences.teemill.com you must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
(b) For Services, you must make an advance payment in full before we start providing our Services to you.
11.5 Right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these Terms and Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.1 Safety and Security
We take the safety and security of our customers seriously, you may be asked to submit to a search of your person or belongings and anyone refusing to submit or found to be in possession of dangerous or unsuitable materials (for example alcohol, a knife or deadly weapon) will be asked to leave, denied acceptance into the performance and refused a refund.
12.2 Personal Belongings.
You must keep your personal belongings with you at all times. In the absence of any negligence or other breach of duty by us, we accept no responsibility for loss, theft or damage to any personal belongings whilst in the experience.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. For the avoidance of doubt we are not liable for the following, including, without limitation;
Damage caused to your or a third party’s property due to your negligence whilst using our Product and/or Services; or
Physical damage to yourself or a third party due to your negligence whilst using our Products and/or Services; or
Whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our proven negligence or the proven negligence of our employees, agents or subcontractors; for proven fraud or proven fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at Clause 13.1.
13.3 We are not liable for business losses.
If you are a consumer we and/or Teemills only supply the Services and/or Products for to you for domestic and private use. If you use the Services and/or Products for any commercial, business our liability to you will be limited as set out in Clause 14. For the avoidance of doubt resale of our Product and/or Services is strictly forbidden and we will prosecute anyone to tries to resale our Product and/or Services. Unless you are one of our authorised seller or franchisees of our Services and Products.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
14.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our proven negligence, or the proven negligence of our employees, agents or subcontractors (as applicable);
(b) proven fraud or proven fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Products Act 1979 or section 2 of the Supply of Products and Services Act 1982;
(d) defective Products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Products Act 1979 and sections 3 to 5 of the Supply of Products and Services Act 1982 are excluded.
14.3 Subject to Clause 14.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for our Services and/or Products under such contract.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information.
16 INTELLECTUAL PROPERTY
16.1 We own Intellectual Property.
The materials on our website, our Products and A Right Royale Tea experience including, without limitation; text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio-visual works, designs, logos, database, software and any other content (together, “Material”) are protected by copyrights, patents, trade secrets, registered or unregistered trademarks, trade names or Service marks or other proprietary rights owned by us and/or our licensors (“Intellectual Property”). Any use of the Intellectual Property without written consent is a civil and criminal offence.
From time to time we or other authorised third parties may carry out photography and/or other audio or audio-visual recording that may feature you. There will be visible notices when photography and/or other audio or audio-visual recording is going ahead. You consent to the use of such images and/or recordings by us in connection with advertising, promoting of A Right Royale Tea (such as our website, social media sites and pages, partner sites, outdoor advertising and brochures), and for our internal purposes, and in doing so, you allow us to edit, modify, publish and make available such images and/or recordings.
You acknowledge and agree that you will not receive compensation if we use such images and/or recordings for the purposes set out above. If any users of the epxerience are under 18 years old, you, being the parent or legal guardian of such persons, also consent to the use of their image and/or recordings for the purposes set out above. You acknowledge that the copyright in such images and/or recordings rests with us and/or any authorised third party and accordingly you grant us and/or any authorised third party all rights, including moral rights, in any images and/or recordings of you and/or your children. If necessary, you shall promptly execute such documents and perform such acts as may be required for the purposes of giving full effect to the foregoing. If you object to any photography and/or other audio or audio-visual recording you must tell the Operator immediately and he/she can make sure your image is not used.
The taking of photographs with handheld cameras is forbidden. Photographs are for you to enjoy for your own personal, private, non-commercial purposes only. Unless permission has been granted by us, picture and images cannot be reproduced in any format or media other than for private viewing.
17 OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these Terms and Conditions to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing (email to suffice). However, if you are a consumer you may transfer our guarantee to a person who has acquired the Product. In addition you may transfer the purchase order of our Services as a gift to a third party, subject to us being informed in writing the full details of the new third party user of our Service. Where a Product has been transferred we may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
17.3 Third Party Rights.
Unless as mentioned herein, this contract is between you and us. No other person or company shall have any rights to enforce any of its terms, except as explained in Clause 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms and Conditions.
17.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.6 Governing law if you are a consumer?
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the Services and/or Products in the English courts
17.7 Alternative dispute resolution if you are a consumer.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to European Commission Online Dispute Resolution platform via their website at https://ec.europa.eu/consumers/odr/main/?event=main.home.show. Please note that we reserve the right to seek court action before, during or after dispute resolution.
17.8 Governing Law if you are a business?
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
This terms must be agreed to before experiencing A Right Royale Tea.