Terms & Conditions

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – Age restriction
Article 5 – The offer
Article 6 – The Agreement
Article 7 – Right of withdrawal
Article 8 – Obligations of the consumer during the reflection period
Article 9 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 10 – Obligations of the entrepreneur in the event of withdrawal
Article 11 – Exclusion of the right of withdrawal
Article 12 – The price
Article 13 – Performance and additional warranty
Article 14 – Delivery and execution
Article 15 – Payment
Article 16 – Force majeure
Article 17 – Complaints procedure
Article 18 – Disputes
Article 19 – International shipping and customs regulations
Article 20 – Liability and limitations on use
Article 21 – Warning of prohibited uses
Article 22 – Reviews

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

Ancillary contract: a contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are provided by the operator or by a third party on the basis of an arrangement between that third party and the operator;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer:the natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specified period of time;
Durable data carrier: any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s ability to waive the distance contract within the reflection period;
Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for the distance sale of products, digital content and / or services, where up to and including the conclusion of the contract exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur

Mycotech
Torenallee 20 (Building Videolab)
Phone number: +31 6 452 410 67 (available on Wednesdays from 3:00 – 5:00 p.m.)
E-mail address: info@acidshroomz.com
Chamber of Commerce number: 87619547
VAT number: NL004449553B61

Article 3 – Applicability

These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded electronically, the text of these general conditions will be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second paragraph shall apply mutatis mutandis and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – Age restriction

This website is intended exclusively for adult consumers aged 18 years and older. By visiting and using this website, the consumer declares to be at least 18 years old. Consumers under the age of 18 are requested to leave this website immediately.

Article 5 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 6 – The agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
When confirming the contract with respect to the product, service or digital content, the entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
The visiting address of the entrepreneur’s branch where the consumer can address complaints;
the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
the information on warranties and existing after-purchase service;
the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
if the consumer has a right of withdrawal, the model withdrawal form.

Article 7 – Right of withdrawal

The consumer may dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
The reflection period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The entrepreneur may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;

Article 8 – Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 9 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal 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 returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct cost of returning the product. If the entrepreneur has not notified the consumer that the consumer should bear these costs or if the entrepreneur indicates that the consumer should bear the costs himself, the consumer does not have to bear the costs of return shipment.
If the consumer exercises his right of withdrawal, all ancillary contracts are dissolved by operation of law.

Article 10 – Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the consumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt without delay after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For reimbursement, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge to the consumer.
If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 11 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur stated this clearly in the offer, at least in time for the conclusion of the contract:

Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that after delivery are by their nature irrevocably mixed with other products;

Article 12 – The price

During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

a. these are the result of statutory regulations or provisions; or

b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 13 – Compliance with the agreement and additional warranty

The entrepreneur guarantees that the products comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and / or usability and the existing legal provisions and / or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
Additional warranty means any commitment by the entrepreneur, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 14 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and the right to possible compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.
Delivery of orders is carried out by a carrier selected by entrepreneur. Estimated delivery times by country are available on entrepreneur’s website. These delivery times are indicative and may vary depending on the carrier and circumstances such as customs checks or external delays. No rights can be derived from these estimates.

Article 15 – Payment

Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the reflection period, or in the absence of a reflection period within 14 days of the conclusion of the agreement.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
If the consumer does not timely fulfill his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the non-payment within this 14-day period, over the amount due the legal interest and the entrepreneur has the right to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The entrepreneur can deviate from the mentioned amounts and percentages for the benefit of the consumer.

Article 16 – Force majeure

In cases of force majeure, the entrepreneur is entitled to suspend its obligations under the agreement in whole or in part or to dissolve the agreement, without the entrepreneur being liable to the consumer for any compensation.
Force majeure means any circumstance independent of our will that prevents all or part of our performance of our obligations to the consumer. These include, but are not limited to, natural disasters, war, terrorism, fire, floods, epidemics, pandemics, disruptions in energy supplies, internet failures, strikes, government measures, supplier or transportation delays, and other unforeseen events beyond the control of entrepreneur.
The entrepreneur will inform the consumer as soon as possible in writing or by e-mail if a situation of force majeure occurs. If the situation of force majeure lasts longer than 30 days, both parties have the right to dissolve the agreement in writing, without any obligation to pay damages.
If at the onset of the force majeure, the entrepreneur has already partially fulfilled its obligations, or can only partially fulfill its obligations, the entrepreneur is entitled to invoice the part already performed separately. The consumer is obliged to pay this invoice as if it were a separate agreement.

Article 17 – Complaints procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute that is susceptible to dispute resolution arises, the possibility of submitting a request to the European online platform for dispute resolution (https://ec.europa.eu/consumers/odr/main/index.cfm).

Article 18 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Article 19 – International shipping and customs regulations

The entrepreneur’s products are offered based on the prohibition of geoblocking within the EU. However, the consumer is responsible for checking the applicable import and customs legislation in his or her country. The entrepreneur has no insight into, nor responsibility for, differing laws and regulations in other EU member states or beyond.
The entrepreneur shall not be liable for any delay, seizure or destruction of products resulting from applicable customs or import laws in the consumer’s country.
Any additional costs, such as customs fees, taxes or processing fees, resulting from the shipment of the products to countries outside the Netherlands will be borne entirely by the consumer.

Article 20 – Liability and limitations on use

The products offered by the entrepreneur are for legitimate purposes only, such as research, study or other legally permitted uses. Any other use, such as cultivation of prohibited substances, is against the law and is the sole responsibility of the consumer.
The entrepreneur provides no advice or support, whether verbal or written, regarding activities that violate Dutch law, such as the production of illegal substances or the cultivation of prohibited fungi or other organisms.
The entrepreneur is not liable for the use of the products in violation of local laws and regulations of the consumer, nor for any consequences of use leading to the production, consumption, sale, or distribution of illegal substances.
The consumer shall indemnify the entrepreneur against all claims, fines, costs and other consequences arising from the use of the products in a manner contrary to the applicable laws in the consumer’s country.

Article 21 – Warning of prohibited uses

The entrepreneur reminds consumers that certain uses of the products offered may be prohibited in some countries. The products are not intended for the cultivation, production or trade of illegal substances.
It is the responsibility of the consumer to verify the laws and regulations regarding the use of the products in his or her own country. The entrepreneur cannot be held liable for any legal consequences or penalties arising from the use of the products in violation of local laws.

Article 22 – Reviews

Consumers may be invited to submit reviews of products and/or their shopping experience. Reviews may include text, ratings, and, if enabled, the option to upload images or videos.
By submitting a review, including any media files, the consumer confirms that:

(a) they hold all necessary rights to the submitted content,
(b) the content does not infringe the rights of third parties, and
(c) the content does not contain unlawful, offensive, or inappropriate material.
The consumer grants the entrepreneur a non-exclusive, royalty-free, worldwide license to use, reproduce, publish, and display submitted reviews (including images and videos) for promotional, marketing, or informational purposes.
All reviews and uploaded media are subject to moderation. The entrepreneur reserves the right, at its sole discretion, to edit, refuse, or remove any review or media content that violates these Terms and Conditions or applicable law.
Consumers are solely responsible for the content they submit. The entrepreneur accepts no liability for reviews or media uploaded by consumers.
If review invitations are sent by email, this will occur only in accordance with the consumers’ consent and applicable data protection and anti-spam legislation. Consumers may withdraw their consent at any time by contacting the company directly.

If desired, the terms and conditions can be downloaded from this link for offline use.