Terms & Conditions

Terms & Conditions

  1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you via www.tinglyteds.co.uk.

1.2 Why you should read them. Please read these terms carefully and make sure you understand them in full before ordering any products from our site.

1.3 Their binding nature. By using the website or ordering any of our products, you agree to be bound by these terms.

1.4 What these terms are for. These terms tell you:

1.4.1 who we are;

1.4.2 how we will provide products to you;

1.4.3 how you and we may change or end the contract;

1.4.4 what to do if there is a problem; and

1.4.5 other important information.

1.5 If you spot a mistake. If you think that there is a mistake in these terms, have a query about the terms, or do not wish to accept them, please contact us by visiting the Help Centre to discuss.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are The Hut.com Limited (trading as www.tinglyteds.co.uk) (“we”, or us”) a company registered in England and Wales. Our company registration number is 05016010 and our registered office is at Icon 1 7-9 Sunbank Lane, Ringway, Altrincham, United Kingdom, WA15 0AF; and our registered VAT number is GB974860768.

2.2 Trade marks. “Tingly Ted’s” and the “Ted” logo are trade marks of Ed Sheeran Limited and are used under license by The Kraft Heinz Company and its affiliates, including H.J. Heinz Foods UK Limited (“Heinz”).

2.3 How to contact us. You can contact us by visiting the Help Centre.

2.4 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, this includes emails.

  1. HOW THE CONTRACT IS FORMED BETWEEN US AND YOU

3.1 How we will accept your order. Once you have completed your order process, you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to us. It is your responsibility to ensure that your order is correct. Any orders placed by you will be treated as an offer to purchase the products from us and we have the right to reject such offers at any time.  You may initially receive an automated acknowledgment of your order; this is not an acceptance of your order. Our acceptance of your order will take place when we email you to accept it at the email address you provided to us as part of the order process, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. We will not be under an obligation to supply the products to you until we have confirmed that we have accepted your order. All orders are subject to acceptance and availability. If the products that you have ordered are no longer available, you will be notified by email and you will have the option either to wait until the item is available from stock or to cancel your order. We may in our discretion offer you substituted products of a similar nature and quality. In this case, we will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the products to you until we have confirmed that we have accepted your order.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Conclusion of the contract. The conclusion of the contract between you and us will take place when we (i) debit your credit, debit card or PayPal account, or (ii) dispatch the products to you, whichever is the later, at which time we will send you an email confirming that the contract has been concluded (“dispatch confirmation”). The contract will relate only to the products which we have confirmed in the dispatch confirmation.

3.5 We only sell to over-18s. Our website is solely for the promotion of our products to persons over the age of 18. Unfortunately, we do not accept orders from any individual under the age of 18 as at the date on which they placed their order.

  1. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that a device’s display of the products accurately reflects the real products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

  1. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER

5.1 If you wish to make a change to the product you have ordered, please contact us by visiting the Help Centre. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements, or to implement minor adjustments and improvements. These changes will not affect your use of the product.

6.2 Changes to the terms. We have the right to revise and amend these terms from time to time, and any changes will be notified to you via a suitable announcement on the website. Please check the website for any such changes. If you continue to use the website after the date on which the change comes into effect, your use of the website indicates your agreement to be bound by the new terms and you will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case, it will apply to orders previously placed by you). If you do not accept any new terms, or if you have a question about the new terms, please contact us by visiting the Help Centre to discuss.

6.3 Changes to the website. We may make modifications to, or withdraw, the website without notice.

6.4 Changes due to non-compliance with these terms. We reserve the right to disable any user identification code or password we have provided to you if in our opinion you have failed to comply with any of these terms and conditions.

  1. PROVIDING THE PRODUCTS

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 Where we deliver to? Currently we are only able to deliver to an address located in the list of countries which appear in the dropdown menu when you select a product on the website. We cannot accept orders for delivery outside of these locations.

7.3 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. All delivery times quoted on the website are estimates only, based on availability, normal processing, and the availability of our third party service providers (for example, the delivery company that fulfils the order for us). Orders containing multiple items may be dispatched in separate shipments and, in certain cases, using different couriers.

7.4 We are not responsible for delays outside our control. If our supply of the 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 request a refund for any products you have paid for but not received.

7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.6 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the package from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract and clause 9.2 will apply.

7.7 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we fail to deliver within 30 days of purchase then you may treat the contract as at an end straight away.

7.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, we will aim to deliver the products within a new reasonable timeframe, and you can treat the contract as at an end if we do not meet the new deadline.

7.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the products or reject products that have been delivered. After that, we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us. Please contact consumer services by visiting the Help Centre to discuss returns.

7.10 When you become responsible for the product. The product will be your responsibility from the time the product is delivered to the address you gave us in your order.

7.11 When you own goods. You own a product once we have received payment in full from you and you have received the product.

7.12 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply), or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.13.1 deal with technical problems or make minor technical changes;

7.13.2 update the product to reflect changes in relevant laws and regulatory requirements; or

7.13.3 make changes to the product as requested by you or notified by us to you (see clause 6).

7.14 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 28 days in any year, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.15 We may also suspend supply of the products if you do not pay. If you do not pay us for the products upon checkout (see clause 11.5) we will be unable to accept your order. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6). We will not charge you for the products during the period for which they are suspended.

7.16 The products sold on the website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being sold in breach of this term.

  1. YOUR RIGHTS TO END THE CONTRACT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

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, and when you decide to end the contract:

8.1.1 If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product repaired or replaced, or a service re-performed, or to get some or all of your money back), see clause 10.

8.1.2 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.

8.1.3 If you 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 cooling-off period, but this may be subject to deductions and costs.

8.1.4 In all other cases (if we are not at fault and there is no 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 8.2.1 to 8.2.5 below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1 we have told you about an upcoming change to the product or these terms
which you do not agree to (see clause 6.2);

8.2.2 we have told you about an error in the price or description of the product
you have ordered and you do not wish to proceed;

8.2.3 there is a risk that supply of the products may be significantly delayed
because of events outside our control;

8.2.4 we have suspended supply of the products for technical reasons, or notified
you we are going to suspend them for technical reasons, in each case for a
period of more than 28 days; or

8.2.5 you have a legal right to end the contract because of something we have
done wrong (including because we have delivered late, see clause 7.7).

8.3 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind at any time from the date that we confirm your order by email until the date 14 days after you receive the products (or the last products in the order if sent in separate instalments) (known as the “cooling off period”) and receive a refund. Please see our Returns Policy for further information if you wish to return your product because you have changed your mind within the cooling off period.

8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

8.4.1 products sealed for health protection or hygiene purposes (such as food products), once these have been unsealed or have expired after you receive them; and

8.4.2 any products which become mixed inseparably with other items after their delivery.

8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive the products, unless:

8.5.1 your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the products; or

8.5.2 your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the products.

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 do not have a right to change your 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 goods is completed when the product is dispatched and paid for. If you want to end the contract in these circumstances, just contact us by visiting the Help Centre 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 reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

9.1.1 you do not make any payment to us when it is due, and you still do not
make payment within 14 days of us reminding you that payment is due;

9.1.2 you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the products (for example,
your full address); or

9.1.3 you do not, within a reasonable time, allow us to deliver the products to
you.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product(s). We will let you know at least one month in advance of our stopping the supply of the product(s) and will refund any sums you have paid in advance for products which will not be provided.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our customer service team by visiting the Help Centre. If your problem is in relation to a problem with a food product which has been manufactured by Heinz, our customer services team may in some instances direct you to contact the Heinz customer service team. If you would prefer to speak to Heinz directly regarding a food product, please call them on 0800 5285757.

10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

Products must be as described, fit for purpose, and of satisfactory quality. During the expected life of your product, your legal rights entitle you to the following:

  • Up to 30 days: if your item is faulty or materially mis-described, then you are
    entitled to reject them and claim a refund.
  • If you do not exercise your right to reject within 30 days, you can (in most cases)
    still reject and claim a refund if we are unable at the first attempt to satisfactorily
    replace or repair your faulty product, or if we fail to carry out such repairs or
    deliver a replacement within a reasonable period.
  • Up to six months: in certain circumstances, you are entitled to request repairs, a replacement, a price reduction, or to reject the goods until six months’ from
    delivery to you without having to prove that the goods conformed with the
    description given of them.

10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must post them back to us. Please contact our customer services team by visiting the Help Centre. Please see our Returns Policy for more information on returns.

  1. PRICE, PAYMENT AND DISCOUNTS

11.1 Where to find the price for the product. The price of the product (which includes VAT, if it applies to the sale of the product) will be the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advertised on the website is correct. However, prices are subject to change without notice (please see clause 11.4 for what happens if we discover an error in the price of the product 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 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 Where VAT does not apply. HM Revenue & Customs allow some products to be zero-rated for VAT purposes and this includes most food (https://www.gov.uk/guidance/rates-of-vat-on-different-goods-and-services#food-and-drink-animals-animal-feed-plants-and-seeds. Please refer to HMRC VAT Notice 701/14 if you require any further information.

11.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the 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 product’s correct price at your order date is higher than the price stated in our price list, 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.

11.5 When you must pay and how you must pay. We accept payment with credit, debit card, PayPal, Google pay and Apple pay. Payment is due in full at the time of ordering. You confirm that the credit, debit card, or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will not be liable to you for any delay or non-delivery.

11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly by visiting the Help Centre to let us know.

11.7 Promotions and Discounts. Products on the website may be subject to promotions or discounts from time to time. These discounts or promotions may vary and we will always explain and advertise any deals clearly on the website. The following terms may be relevant to some promotional or discount deals depending on the situation:

Maximum Discounts: Maximum permitted discounts may vary depending on promotion. The maximum permitted discount will normally be stated on the website. If it is not stated, the automatic maximum permitted discount will be £15.

Discount Mechanics (Including Tiered Discounts, Declining Discounts and Multibuy Discounts): The exact type of discount may vary, for example, some discounts may only apply when certain offer requirements are met, some promotional deals may include discount values/percentages that decrease periodically over time, and some discounts may only apply if multiple products are purchased. The offer requirements and discount values and percentages will vary depending on the promotion and will be explained on the website. Discounts for any multi-buy discounts will automatically apply to the cheapest item in your basket that meets the promotional requirements (unless otherwise stated).

Was/Now Pricing: The discount will be automatically applied to products as shown on the product pages. In some instances, Was/Now Pricing may be combined with an offer code, however this is dependent on the promotion.

Free Gifts: Gift(s) may sometimes be automatically added to the basket if the offer requirements are met. In some cases, gifts must be added manually to basket – if this is the case, the website will explain any additional instructions.

Free Delivery: If any promotional deals include free delivery, any such discount will only apply to the countries as set out on the website. Shipping to other countries may still incur a charge.

Exceptions: Gift vouchers, and other specifically stated items, are exempt from discounts. We reserve the right to amend the list of exempt products at any time.

Discount Code T&Cs: If you are using a discount code, only one discount code can be applied per basket. Any discount codes should be in accordance with their terms and conditions. These may include terms relating to your eligibility to use them, or a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms (even if your credit or debit card has been charged). If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions will prevail. A copy of the discount code terms and conditions can be obtained with customer services by visiting the Help Centre.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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).

12.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) or for any injury, death, damage or direct or indirect consequential loss, including without limitation any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 H.J. Heinz Foods UK Limited is the controller of any personal information which you enter on the website. Heinz respects your privacy and is committed to protecting your personal data. Heinz’s Privacy Policy explains how your personal information will be used.

  1. REVIEWS

14.1 If you submit a review, and provide your consent (either via a tick box or via written communication), you grant us, Heinz and Ed Sheeran Limited, a right to use the review and your name as we wish in any media. If we choose to use your review in any media, these parties are not obliged to use your name or identify you as the author.

  1. USE OF THE WEBSITE

15.1 You may only use the website for lawful purposes and in a lawful manner. You agree that you will not:

15.1.1 upload or transmit through the website any computer viruses, Trojans, worms, logic bombs, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer;

15.1.2 upload or transmit through the website any material which is defamatory, offensive, or of an obscene character; or

15.1.3 attempt to gain unauthorised access to the website, the server on which the website is stored, or any server, computer, or database connected to the website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching anything in this clause 15.1, you would commit a criminal offence under the Computer Misuse Act 1990 (or equivalent legislation under other jurisdictions). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.

15.2 Operationality and accuracy of the website. We will always try to ensure that (i) the website is operational; and (ii) that material included on the website is correct, reputable, and of high quality. If you spot any errors, please let us know and we will attempt to correct this as soon as we reasonably can. However, we cannot accept responsibility or liability for any inaccuracies, errors, or omissions on the website, or for the results obtained from the use of such information, technical problems you may experience with the website (including interruptions; modifications of the website; withdrawal of the website; incompatibility of the website with any of your equipment, software or telecommunications links; any failure of the website to meet your requirements; any loss or damage caused by unauthorised access to any data provided by you when accessing or ordering from the website; or loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it).

  1. OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, including the use of a third party to fulfil the order and delivery process.

16.2 You need our consent to transfer your rights to someone else. You may only
transfer your rights or your obligations under these terms to another person if we
agree to this in writing. We may not agree if we consider the transfer to be in any
way unreasonable.

16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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. These terms form the entire basis of any agreement reached between you and us.

16.4 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.

16.5 Even if we delay in enforcing this contract, we can still enforce it later. If either of us does not insist upon strict performance of any of the other’s obligations under these terms, or if either of us does not exercise any of the rights or remedies to which we are entitled under these terms, this will not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.

16.6 How to complain if you are unhappy. We operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us by visiting the Help Centre.

16.7 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in
respect of the products in the English courts.

16.8 Ownership of rights. All rights, including copyright, in this website are owned by or licensed to us. You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network), or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not modify, distribute or re-post anything on this website for any purpose. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited.