Terms and Conditions
Last Updated: 16 December 2019
These Terms and Conditions (“Terms”) (together with the other documents referred to below) set out the terms on which you may use this Website. If you place an order (“Order”) for any products (“Products”) from or via our Website these Terms will apply to that Order and the sale of Products to you, if any, resulting from that Order.
You should read these Terms carefully before using our Website or before you submit your Order to us. By using our Website or submitting an Order, you are confirming that you have read and understood these Terms and that you will comply with them.
If you don’t accept these Terms you should leave our Website immediately.
The following policies also apply to your use of our Website:
To register with and use our Website, or to place an order, you must be over 18 and the details which you give us must be true.
You are responsible for ensuring that anyone else who accesses our Website through your internet connection is aware of these Terms and the policies referred to above and that they comply with them.
A. About us
www.tingle.com (our "Website") is operated by Planet Health Limited dba tingle.®. We are a company registered in England and Wales under company number 11689910 and our registered office is at Lynwood House, 373 - 375 Station Road, Harrow, England, HA1 2AW. Throughout these Terms “tingle.®”, “Planet Health”, “we”, “us” and “our” refer to Planet Health Limited.
Our registered VAT number is GB 319 2848 81.
Planet Health is regulated by the General Pharmaceutical Council (“GPhC”) which sets the standards for pharmacy professionals and registered pharmacies in the United Kingdom.
The GPhC maintains a comprehensive pharmacy register as part of which they register pharmacy premises. Our registration details are as follows:
- We are registered with the GPhC, number 9011216.
- You can confirm our registration by clicking on this link: https://www.pharmacyregulation.org/registers/pharmacy/registrationnumber/9011216.
B. How to contact us
You can contact us:
- Online at https://www.tingle.com/contacts
- By email at email@example.com
- By phone at +44 20 3432 5586
- By post at [tingle. 28 Chipstead Valley Road, Coulsdon, Surrey, CR5 2RA, GB]
C. Restrictions on your use of our Website
You may only use our Website for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws and laws relating to copyright of content.
In addition, you must not:
- use our Website for mail bombing or flooding or to make deliberate attempts to overload a system;
- knowingly or recklessly introduce to our Website, or use our Website to transmit, any application, material or ware (such as viruses, spyware, malware or adware) which are malicious or harmful;
- attempt to gain unauthorized access to our Website, the server, equipment or network on which our Website is stored, any server, computer or database connected to our Website or any software;
- use our Website to attempt to gain unauthorized access to any other website, internet account, server, computer, equipment, system, network, data or information;
- use our Website to monitor data or traffic on any network or system;
- use our Website to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
- use our Website to distribute software;
- carry out a denial-of-service attack or a distributed denial-of-service attack on our Website or use our Website to carry out any such attack on any other website;
- use our Website to groom, harm or take advantage of minors in any way or to attempt to do so; or
- use our Website in violation of export laws, controls, regulations or sanction policies of the United Kingdom, the United States or any other country.
If you breach any term of these Terms your right to use our Website will immediately end. In addition, we may take such other actions including, without limitation, legal action as we consider appropriate.
If you breach any term of these Terms, or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach and any other information we consider necessary to relevant law enforcement authorities.
D. Our contract with you
When we receive an Order for Products, we will confirm that we have received the Order by sending a confirmation email to the contact email address that you supplied.
We reserve the right to reject any Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to deliver the Product within a reasonable period.
Your Order is an offer to purchase a Product. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between, and will be binding on, you and us.
E. Display and availability of Products
Although we make reasonable efforts to update the information on our Website, including descriptions of any Product, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
We reserve the right not to supply Products to customers in some countries.
The images of the Products on our Website are for illustrative purposes only. Products may vary from the images on our Website and we accept no responsibility for any reliance that you may place on the accuracy of the images used on our Website.
The packaging for the Products may vary from time to time to that shown on images on our Website.
All Products shown on our Website remain at all times subject to availability. If the Product you have ordered is unavailable, we will notify you as soon as possible and we will refund your payment promptly.
F. Prices and payment
The price of the Product (which includes VAT or equivalent tax) will be the price indicated on our Website when you placed your Order. If the rate of VAT or equivalent tax changes between the Order date and the date of dispatch, we shall adjust the price accordingly.
Whilst we take all reasonable care to ensure that all prices on our Website are accurate, occasionally, there may be an error or a Product may have been incorrectly priced on our Website for other reasons, such as a change in the price charged by our supplier. 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 to you, we will contact you for your instructions before we accept your Order. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
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.
We accept MasterCard / Visa / Visa Debit / Visa Electron and PayPal.
We only accept UK Pound Sterling (GBP), EUR (EUR), US Dollar (USD), US Dollar (CAD), Australian Dollar, New Zealand Dollar, Chinese Yuan.
We use the SagePay payment gateway and utilise industry-standard 128-bit Secure Sockets Layer (SSL) technology to allow for the encryption of sensitive information such as your name, address and other sensitive information like your credit card details.
Once you have submitted your order, SagePay will immediately contact your bank/card issuer for authorisation to take payment from your account.
In providing payment method details, you confirm that you are authorized to use the card or bank account and authorise us, or our payment service provider, to take payment in full for the items in your Order and any associated Product, postage and packaging fees and any other charges that become due to us under these Terms.
The issuer of your payment card or your bank may charge you a foreign transaction fee at their discretion which is in addition to the amount charged by us. Foreign transaction fees are charged by the card issuer/bank and not by us.
G. Postage and Packaging
The costs of delivery will be as displayed to you on our Website. During the Order process we will let you know when we will despatch the Products to you and the expected delivery time together, if appropriate, with any tracking information provided by our delivery service.
- Free UK Delivery for orders above £5
For your Order to qualify for free economy delivery, the value of the Products in the basket at the time of checkout must be equal to or greater than £5. The standard UK delivery charge is £3.00 for all Orders under £5.
For your Order to qualify for free 1st Class delivery, the value of the Products in the basket at the time of checkout must be equal or greater than £30.
If your Order is less than £30 you can upgrade the delivery to 1st Class for an extra charge.
- Special Delivery - Next Working Day
Next Working Day Delivery is available for all UK Orders at an extra charge.
Orders to be delivered next working day must be received by 15:00. Orders received after 15:00 will be sent out the following day.
Special Delivery does not include delivery on Saturdays or Sundays. Any Orders place between 15.01 on a Thursday and 15.00 on a Friday will be delivered on the following Monday if Special Delivery is selected. Any Order with Special Delivery received after 15.00 on a Friday will be sent out the following Monday and delivered on Tuesday.
- Delays and errors
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 minimize 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 Products you have paid for but not received.
A Product will be your responsibility from the time we deliver the Product to the address you gave us. If you requested tracked shipping, a signature on delivery will be needed, however, it does not need to be you who signs for it. It is your responsibility to ensure that the person signing for the Product delivers it to you.
If you believe that items have been sent to you in error, you should contact us immediately.
Before contacting us please take note of the time scales required to process a refund: We require 5 working days from receipt of a return for us to process a refund. Please allow a further 5-10 working days for the refund to be credited to your account. This time frame is dictated by your bank or card issuer and is outside our control. Your refund will be credited to the same card with which you made your original purchase.
In the rare event you have a faulty item, please return to us at the below address for an exchange or refund. Please note, we cannot refund any postage costs incurred by your return.
I. Returns and cancellations
By law, consumers in the European Union have the right to cancel a contract for the purchase of an item within fourteen working days of the day of receipt of the order.
If you wish to cancel your order under the Consumer Contracts Regulations (2013) we ask you to please notify us via firstname.lastname@example.org quoting your name and order number. You can also complete our cancellation form available here. We have a returns form with pre-paid postage available. It will be sent to you in PDF format and you must cut out and attach the address and postage part to the parcel you are returning. Remember to obtain a free proof of posting when returning any item. If you choose to return an item without using our pre-paid form, we cannot be held responsible for any costs.
If you are cancelling your order within this cooling-off period we will refund the full cost of the item(s) once returned. We will only refund the delivery charges if you are cancelling the whole order, so please mention this when cancelling. Delivery charges are non-refundable if you are returning part of an order. Please note, we cannot refund any postage costs incurred by your return.
If you notify us of your cancellation after the 14-day statutory cooling-off period, goods returned to us can only be exchanged for replacement goods. Goods must be returned to us within 28 days of purchase.
Unless faulty, we reserve the right to refuse an exchange or refund if Products are not returned in a saleable condition, are damaged or if you have unsealed Products which are sealed for health protection or hygiene purposes. All returns are evaluated before being processed. Products which have been opened cannot be refunded or exchanged.
This does not affect your statutory rights.
J. Return address
Please contact us to receive a returns form which includes pre-paid postage. If you choose not to use our form, we cannot be responsible for any postage costs.
tingle.com, 1st Floor Offices, 28 Chipstead Valley Road, Coulsdon,Surrey. CR52RA
If you return Products, please always retain proof of posting for your records. This can be obtained from your Post Office and is free. You will be responsible for the returned Products until they reach us.
K. Passwords and security requirements
If you register an account on our Website you must provide accurate and complete registration information and keep that information up to date at all times.
If you think that somebody else might know your user identification code, password and/or pre-selected answers to security questions then you must log in to your account and change these as soon as possible.
L. Our Website and its content
Any material found within the pages of our Website, including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this Website. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.
We do not guarantee that access to our Website, or the content on it, will always be available or uninterrupted. Your right to access our Website is given on a temporary basis only.
We regularly review the content on our Website. However, we cannot guarantee that all content on our Website is accurate, complete or up to date. We therefore make no warranties, representations, undertakings or guarantees that the content on our Website is accurate, complete or up to date.
We make no warranties, representations, undertakings or guarantees that our Website or any content on it will be free from errors or omissions.
The content on our Website is provided for general information purposes only. Nothing on our Website is intended to be advice on which you should rely. You should always obtain appropriate specialist advice before taking, or not taking, action on the basis of any content on our Website.
We make no warranties, representations, undertakings or guarantees that our Website is secure or free from bugs or viruses. You are responsible for ensuring that the device from which you access our Website has suitable anti-virus software in place.
M. Using a communal computer
If using a communal computer make sure you either use your browsers “Incognito” or “Private Browsing” mode or delete your browser cache, cookies and history after placing an order.
N. Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (without limitation) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Products. Nothing in these Terms affects any rights which you may have under United Kingdom statues.
Subject the above paragraph, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of our Products (and all related services) shall be limited to the amount paid by you in respect of such Products.
Unless agreed in writing, we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose, which would be a material and serious breach of these Terms, we will (a) be entitled to immediately cancel, reject, terminate and/repudiate any Order and or subsequent Order received from you, and (b) have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will take all appropriate technical and organisational measures against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, personal data but subject to that and our obligations under law as a data controller, we shall not be responsible for any data loss or authorization access by other persons, whether a result of authorization access, misaddress, technical failure, technical interference, negligence or otherwise.
We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
We do not accept any liability or responsibility for the actions or omissions of any third party, including any third party suppliers.
We are not liable for any loss or damage, which results from your failure to follow the advice given on our Website, nor are we liable for any loss or damage where (a) there is no breach of a legal duty of care owed to you by us; (b) the loss or damage is not a reasonably foreseeable result of any such breach; or (c) any loss or damage or increased risk of loss or damage results from a breach by you of these Terms. In particular we are not responsible for:
- loss or damage caused by you providing inaccurate or incomplete information;
- loss of your emotional well-being including, but not limited to, any embarrassment caused;
- loss of income or anticipated profits;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the supply of Products and/or use of the Website regardless of the form of action.
We take care to ensure that all information available on our Website about our business, services and any Products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date.
Our Website may contain links to other websites from time to time. These links are provided for your convenience. We have no control over, and no responsibility or liability to you for, those other websites or their content.
Any dispute or claim arising under these Terms must be notified to us in writing within 14 days of such dispute or claim arising. Such notice must set out full particulars of the dispute or claim to enable us to know and understand what it relates to. Any failure by you to give written notice within such time limit will prevent you from making such claim.
In the event that a dispute arises in connection with any provision contained within these Terms, we and you each agree to seek resolution of the dispute.
If the dispute cannot be resolved within 60 days of the initial notification of a dispute by either party, we and you each agree to attempt to settle it through mediation in accordance with the Centre for Effective Dispute Resolution Model ("CEDR") Mediation Procedure.
Unless otherwise agreed between us, the mediator will be selected by CEDR.
- To initiate the mediation, either of us must give the other written notice ("ADR Notice") requesting the mediation. A copy of the request should be sent to CEDR.
- The mediation will start not less than 60 days from the date of the provision of the ADR written notice.
- You and we irrevocably agree that neither of us may commence any court proceedings in relation to any dispute arising out of any matter relating to these Terms until it/he/she has first attempted to settle the dispute by mediation and either the mediation has been terminated or the other of us has failed to participate in the mediation for a period of not less than 30 days from the date of the commencement of the mediation.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
P. Changes to these Terms and our other policies
We make changes to these Terms from time to time. You should, therefore, check these Terms whenever you return to our Website to see whether any changes have been made, as these will be binding on you.
Q. Other important terms
- Security. Whilst we use security technology, including firewalls and secure socket layers to protect information submitted through our Website and have procedures in place to ensure paper and computer systems and databases are protected against unauthorized disclosure, use, loss and damage, electronic transmissions are never completely private or secure and there is a risk, therefore, that any electronic communications sent may be intercepted and potentially read by others. You should, therefore, ensure that any computer, device or telephone you use to access your online patient record is suitably protected from potential interception.
- Follow up. Our team may contact you to check how you are getting on after using our Website. Our team may also contact you for feedback about your customer experience to help us improve.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. This may be via email or post to the address provided, via your online patient record, or by our announcing notice of our plans on the Website.
- Nobody else has any rights under these Terms. The agreement is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds any part of these Terms, 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.
- Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, 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.
- Which laws apply to these Terms and where you may bring legal proceedings. These Terms (and all disputes arising out of or in relation to them including disputes of a non-contractual nature) are governed by the laws of England and Wales. The English courts shall have exclusive jurisdiction in relation to all such disputes, subject at all times to the mediation and resolution processes referred to in the paragraph above headed “Disputes”, and you hereby waive any objection to such jurisdiction. This is regardless of the country from which a Product was sourced and supplied, and regardless of your home country.
R. Frequently asked questions
- How long will my order take to arrive?
All orders received before 15:00 will be sent out the same day. All orders received after 15:00 will be sent out the following day.
Delivery times vary with the service chosen. Royal Mail cannot guarantee delivery times (except for Special Delivery), some local post offices may be slower than others.
If after 7 working days you still haven't received your order then please contact us and we will look into the matter. 7 working days needs to pass before we can claim it as lost in post with Royal Mail.
International delivery is available for addresses in Europe. The charge varies depending on the weight of the items being ordered. The time will also vary from 3 to 14 days depending on local services.
- How will my order arrive?
All orders will arrive in either a Jiffy bag or for larger orders a parcel. There will be no mention of tingle® or the contents on your package.
We send most orders via Royal Mail, higher value orders will be sent requiring a signature upon delivery.
- What if my package is damaged?
If your package is badly damaged please contact us immediately to organise an exchange. Do not use any products that have arrived in badly damaged packaging.
- What will show up on my credit card statement?
If you pay by credit/debit card then Planet Health will appear next to your payment on your bank statement.
- Is there any limit in the size of order I can place?
No. You can order anything from a single condom to thousands, in any combination.
For large orders, if a certain product is not available in the quantity you require, please email us at email@example.com and we will either be able to make a special order for you or let you know how long before we can re-stock that product.
- Why are you so cheap?
As we purchase our stock in such bulk we are able to negotiate very low prices and can pass the savings on to you, our customers.