Terms

The terms and conditions of Magic-Mushrooms-Shop.com –  located in Amsterdam, the Netherlands.
This Version is valid from Februari 1, 2019.

By utilizing our website and placing one or more orders on Magic-Mushrooms-Shop.com you agree to the following terms and conditions :

• The use of the website and placing orders is only for people of 18 years and older.
• By ordering on Magic-Mushrooms-Shop.com you take full responsibility concerning the legal status of the products that will be sent to you. All the products on Magic-Mushrooms-Shop.com are legal to be sold and possessed by people of 18 years and older in the Netherlands by Dutch law. We do not have or know the information of the legal status of all our products in countries outside the Netherlands because of changing laws.
• You are responsible for informing yourself on the legal status, import and custom laws of these products in your country. The Magic-Mushrooms-Shop.com doesn’t supply this information and cannot be taken accountable for the products send. When you place an order you declare that you are aware of the legal status of the ordered product(s) in your country and that you are allowed to receive and posses these.
• In no way we encourage engaging in illegal activities. When in doubt about products ask for legal advice from a certified lawyer. 
• Magic-Mushrooms-Shop.com does not guarantee in any way that the information and products available on this website is valid or legal outside of the Netherlands. All information that is supplied by Magic-Mushrooms-Shop.com through the website, links from or to other websites or by it’s staff supplied by email or any other form of communication is strictly educational and informative. This information should never be utilized as a recommendation to engage in certain actions. The use of this information for illegal activities is completely on ones’ own risk. Magic-Mushrooms-Shop.com doesn’t claim in any way that the information on our website is accurate, complete or up-to-date.

Terms Table of Contents

Article 1 - Definitions

• Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of a contract between this third party and the entrepreneur;
• Cooling off period: the period within which the consumer can make use of their right of withdrawal;
• Consumer: the natural person not acting for purposes connected with their trading, business, craft, or professional activities;
• Day: calendar day;
• Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling off period;
• Entrepreneur: the natural person or legal entity that offers products, (access to) digital content, and/or services to consumers at a distance;
• Distance contract: a contract that is entered into between the entrepreneur and the consumer in the context of an organised system for sales at a distance of products, digital content, and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance;
• Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of their order;
• Technique to communicate at a distance: resource that can be used for entering into a contract without the consumer and the entrepreneur having to come together at the same time in the same space.

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

• These terms and conditions are applicable to every offer of the entrepreneur and every distance contract between the entrepreneur and the consumer.
• The text of these terms and conditions will be made available to the consumer before the distance contract is entered into. If this is not reasonably possible, the entrepreneur will state, before the distance contract is entered into, the manner in which the terms and conditions can be consulted at the entrepreneur and that they can be sent as soon as possible, free of charge, at the consumer's request.
• If the distance contract is entered into electronically, it may be that, in divergence from the foregoing paragraph and before the distance contract is entered into, the text of these terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible then, before the distance contract is entered into, it will be stated where the terms and conditions can be consulted by electronic means and that they will be sent electronically or in another way, free of charge, at the consumer's request.
• In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the first and second paragraphs apply mutatis mutandis, and in the event of conflicting conditions the consumer can always invoke the applicable condition that is most favorable to them.

Article 4 - The offer

• If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
• The offer will include a full and detailed description of the offered products, digital content, and/or services. The description will be sufficiently detailed to enable a good evaluation of the offer by the consumer. Article 1 - Definitions
• In these conditions, the following terms are defined as stated below:
• Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of a contract between this third party and the entrepreneur;
• Cooling off period: the period within which the consumer can make use of their right of withdrawal;
• Consumer: the natural person not acting for purposes connected with their trading, business, craft, or professional activities;
• Day: calendar day;
• Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling off period;
• Entrepreneur: the natural person or legal entity that is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers at a distance;
• Distance contract: a contract that is entered into between the entrepreneur and the consumer in the context of an organised system for sales at a distance of products, digital content, and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance;
• Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of their order;
• Technique to communicate at a distance: resource that can be used for entering into a contract without the consumer and the entrepreneur having to come together at the same time in the same space.

Article 5 - The contract

• The contract is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
• If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm by electronic means the receipt of the acceptance of the offer. The consumer can terminate the contract for as long as the receipt of this acceptance is not confirmed by the entrepreneur.
• If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data, and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to this end.
• The entrepreneur can, within the statutory provision, investigate whether the consumer can fulfil their payment obligations, as well as investigate all the facts and factors that are of importance for entering into the distance contract responsibly. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, it is entitled to refuse an order or application, stating reasons, or to attach special conditions to the implementation.
• The entrepreneur will, no later than on the delivery of the product, send the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, the following information:
  
  • the contact information where the consumer can direct complaints;
  • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
  • the information on guarantees and existing service after purchase;
  • the price, including all taxes, of the product; the costs of delivery insofar as applicable; and the method of payment, delivery or implementation of the distance contract;
  • if the consumer has a right of withdrawal, the model withdrawal form is available on the website.
  
  

  Article 6 - Right of withdrawal

  Please note! A number of products are not cevered by the right of withdrawal due to being fresh products with a limited shelf life. See Article 8  for further information.
  • The consumer can terminate a contract in connection with the purchase of a product during a cooling off period of a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige the consumer to state their reason(s).
  • The cooling off period stated in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the transporter, has received the product, or:
    • if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have informed the consumer of this in a clear manner prior to the ordering process, refuse an order of multiple products with different delivery times.
    • if the delivery of a product consists of different consignments or components: the day on which the consumer, or a third party designated by them, has received the last consignment or the last component;
    • in the case of contracts for regular delivery of products during a particular period: the day on which the consumer, or a third party designated by them, has received the first product.
  
  

  Article 7 - Exercise of the right of withdrawal by the consumer, and costs thereof

  • If the consumer makes use of their right of withdrawal, they will notify the entrepreneur of this within the cooling off period by means of the model withdrawal form or in another unambiguous manner.
  • As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer is deemed to have adhered to the cooling off period if he returns the product before the cooling off period has expired.
  • The consumer will return the product with all supplied accessories, if possible in the original condition and packaging, and in accordance with the reasonable and clear instructions issued by the entrepreneur.
  • The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  • The consumer will bear the direct costs of the return of the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that it will bear the costs, the consumer does not have to bear the costs of return.
  • If the consumer makes use of their right of withdrawal, all ancillary contracts are terminated by operation of law.

  Article 8 - Exclusion of the right of withdrawal

  A number of products are exluded from the right of withdrawal as premitted by law. Limited shelf life and have a freshness seal such as:
  • Mushroom grow kits and substrates
  • Spore vails, Spore Syringes and Spore prints
  • Truffles/ Sclerotia

  Article 9 - The price

  • The prices of the products and/or services offered cannot be increased during the validity period stated in the offer, except for price changes as a result of changes in VAT rates.
  • In divergence from the foregoing paragraph, the entrepreneur can offer products or services, whose prices are linked to fluctuations on the financial market upon which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are guide prices will be stated in the offer.
  • The prices stated in the offer of products or services include VAT.

  • All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

  Article 10 - Compliance with contract and additional guarantee

  • The entrepreneur guarantees that the products and/or services are in compliance with the contract, the specifications stated in the offer, the reasonable standards of soundness and/or utility and the legal provisions and/or government prescriptions under Dutch law existing on the date the contract is entered into. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  • An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer will never limit the rights and claims provided by law that the consumer can assert against the entrepreneur under the provisions of the contract if the entrepreneur is remiss in the compliance with their part of the contract.
  • An additional guarantee is defined as any commitment of the entrepreneur, their supplier, importer, or manufacturer in which particular rights or claims are granted to the consumer that go further than those to which the entrepreneur, their supplier, importer, or manufacturer are bound by law in the event that they are remiss in the compliance with their part of the contract.

  Article 11 - Delivery and implementation

  • The entrepreneur will observe the greatest possible care in the reception and implementation of orders for products and in the evaluation of requests for the provision of services.
  • The address stated by the consumer to the entrepreneur is deemed the place of delivery.
  • In compliance with that which is stated in this respect in article 4 of these terms and conditions, the entrepreneur will carry out accepted orders with appropriate rapidity, but in any event within 30 days, unless another delivery period is agreed. If the delivery is delayed, or if an order cannot be or can only be partially carried out, the consumer will be informed of this no later than 30 days after they had placed the order. In that case the consumer is entitled to terminate the contract free of charge, and possibly with compensation of damages incurred.
  • After termination in accordance with the foregoing paragraph the entrepreneur will refund the amount that the consumer has paid without delay.
  • The risk of damage to and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.
  
  

  Article 12 - Payment

  • Only orders that are paid in full amount will be shipped. That is order and shipping amount.
  • Insofar as not otherwise determined in the contract or supplementary conditions, the amounts the consumer is obliged to pay within 30 days of the commencement of the cooling off period, or in the absence of a cooling off period, within 14 days of the contract having been entered into.
  • The consumer has the duty to immediately notify the entrepreneur of inaccuracies in the provided or notified payment details.
  • If the consumer does not fulfil its payment obligation(s) in a timely manner, they are liable, after the late payment has been pointed out to them by the entrepreneur and the entrepreneur has granted the consumer a period of 30 days to fulfil their payment obligations, and in absence of payment within this 30-day period, the order will be cancelled by the entrepeneur. .
  
  

  Article 13 - Complaints procedure

  • The entrepreneur has a sufficiently publicized complaints procedure, and will deal with the complaint in compliance with this complaints procedure.
  • Complaints concerning the performance of the contract must be submitted to the entrepreneur, fully and clearly described, within a reasonable period after the consumer has ascertained the defects.
  • Complaints submitted to the entrepreneur will be replied to within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more extensive reply.
  • A complaint concerning a product, service, can be directed to the entrepreneur .
  • The consumer must in any event grant the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is actionable under the complaints procedure.
  
  

  Article 14 - Disputes

  • Contracts between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by the laws of the Netherlands.
  
  

  Article 15 - Additional or divergent provisions

  Additional provisions or provisions that diverge from these terms and conditions may not be to the detriment of the consumer and must be established in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
  

  Additional read our Disclamer | Privcacy policy | Returns and Replacement Policy

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