Terms & Conditions

Table of Contents:

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 – Compliance with the agreement and additional warranty
Article 14 – Delivery and execution
Article 15 – Payment
Article 16 – Force majeure
Article 17 – Complaints procedure
Article 18 – Applicable law and disputes
Article 19 – International shipping and local regulations
Article 20 – Permitted use and legal compliance
Article 21 – Reviews

Article 1 - Definitions

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

  1. 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 entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. 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;
  7. 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;
  8. Right of withdrawal: the consumer’s right to withdraw from the distance contract within the reflection period.
  9. Entrepreneur: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
  10. 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;
  11. 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;
  12. 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

  1. These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
  2. 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.
  3. 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

  1. Products offered through this website may only be purchased by consumers aged 18 years or older. By placing an order, the consumer confirms that they are at least 18 years old.

Article 5 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. When confirming the agreement, the entrepreneur shall provide the consumer with the following information on a durable medium:
    a. the contact details where the consumer can submit complaints;
    b. the conditions and procedure for exercising the right of withdrawal, or a clear statement where the right of withdrawal is excluded;
    c. information regarding legal guarantees and any additional after-sales service;
    d. the total price, including applicable taxes and, where applicable, delivery costs, as well as the applicable payment and delivery conditions;
    e. where the consumer has a right of withdrawal, the model withdrawal form.

Article 7 - Right of withdrawal

  1. 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).
  2. 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:
    a. 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.
    b. 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

  1. 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.
  2. The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product, unless the entrepreneur has agreed to bear these costs or has failed to inform the consumer that the return costs are payable by the consumer.
  6. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. The entrepreneur may exclude products and services from the right of withdrawal where permitted by law, provided that the applicable exclusion is clearly stated in the offer before the conclusion of the agreement.
  2. The entrepreneur may exclude products and services from the right of withdrawal where permitted by law, provided that the applicable exclusion is clearly stated in the offer before the conclusion of the agreement. The right of withdrawal may in particular be excluded for: a. 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; b. products that spoil quickly or have a limited shelf life. This includes products containing live biological material whose condition or quality may change over time or depending on storage conditions, such as liquid cultures and colonized grain spawn; c. sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery; d. products that, after delivery, are by their nature irrevocably mixed with other products.
  3. Where a product is excluded from the right of withdrawal, this will be clearly indicated on the relevant product page before the consumer places the order.
  4. If an order contains both products that are excluded from the right of withdrawal and products for which the right of withdrawal applies, the exclusion applies only to the products for which a legal ground for exclusion exists.

Article 12 - The price

  1. 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.
  2. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
  3. 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.
  4. The prices mentioned in the offer of products or services include VAT.

Article 13 - Compliance with the agreement and additional warranty

  1. 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.
  2. 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.
  3. 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

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. The entrepreneur will execute accepted orders without undue delay and no later than within 30 days, unless a different delivery period has been agreed.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. 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.
  6. 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

  1. Payment must be made using one of the payment methods offered during checkout and in accordance with the payment terms stated there.
  2. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
  3. 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

  1. The entrepreneur shall not be liable for a failure or delay in the performance of its obligations where this is caused by circumstances beyond the entrepreneur’s reasonable control and the failure cannot reasonably be attributed to the entrepreneur.
  2. Such circumstances may include, where applicable, natural disasters, war, terrorism, fire, floods, epidemics, government measures, major disruptions to energy or communication networks, strikes, and unforeseeable disruptions affecting suppliers or transport services.
  3. The entrepreneur will inform the consumer as soon as reasonably possible if a situation of force majeure materially affects the performance of the agreement.
  4. If performance becomes permanently impossible, or if the force majeure situation continues for more than 30 days, either party may terminate the affected part of the agreement. In that case, the entrepreneur will refund any amounts paid for products or services that will not be delivered.
  5. Nothing in this article limits any mandatory rights the consumer has under applicable law.

Article 17 - Complaints procedure

  1. TThe entrepreneur has a clearly communicated complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable period after the consumer has discovered the issue and must be described fully and clearly.
  3. Complaints will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within this period and provide an indication of when the consumer can expect a more detailed response.
  4. If a complaint cannot be resolved by mutual agreement, the consumer may use any dispute resolution procedures or legal remedies available under applicable law.

Article 18 - Applicable law and disputes

  1. Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed by Dutch law.
  2. This choice of law does not deprive consumers residing in another country of any mandatory consumer protection afforded to them under the law that would otherwise apply.
  3. Any disputes arising from or relating to the agreement may be submitted to a competent court in accordance with applicable law.

Article 19 - International shipping and local regulations

  1. The entrepreneur ships products only to the countries and regions made available during checkout.
  2. Laws and regulations concerning the purchase, possession, import and use of certain products may differ between countries. Consumers are responsible for familiarising themselves with the laws and regulations applicable in the country of destination before placing an order.
  3. Where an order cannot be delivered as a result of restrictions imposed by authorities or other circumstances arising from applicable local laws or regulations, the entrepreneur will handle the order in accordance with applicable law and the circumstances of the case.
  4. Nothing in this article excludes or limits any liability of the entrepreneur that cannot legally be excluded or limited.

Article 20 - Permitted use and legal compliance

  1. Products offered by the entrepreneur are intended exclusively for lawful purposes, including research, study and other uses permitted by applicable law.
  2. Certain products may be subject to different legal restrictions depending on the country or jurisdiction. The consumer is responsible for ensuring that their possession and intended use of the products comply with applicable local laws and regulations.
  3. The entrepreneur does not provide instructions, advice or support for activities that are prohibited by applicable law.
  4. The entrepreneur is not responsible for consequences resulting from the consumer’s unlawful use of the products, to the extent permitted by applicable law.
  5. Nothing in this article excludes or limits the entrepreneur’s liability where such exclusion or limitation is not permitted by law.

Article 21 - Reviews

  1. Consumers may be invited to submit a review of a product or their shopping experience. Reviews may include text, ratings and, where available, images or videos.
  2. By submitting a review or media, the consumer confirms that they have the necessary rights to the submitted content and that the content does not infringe the rights of third parties or contain unlawful material.
  3. By submitting a review, the consumer grants the entrepreneur a non-exclusive, royalty-free licence to display, reproduce and use the submitted review and associated media in connection with the entrepreneur’s website and marketing activities.
  4. Reviews may be moderated to prevent unlawful, fraudulent, offensive, irrelevant or otherwise inappropriate content. Reviews will not be removed or refused solely because they express a negative opinion about the entrepreneur or a product.
  5. The entrepreneur takes reasonable and proportionate measures to verify that reviews presented as originating from customers are submitted by consumers who purchased or used the relevant product.
  6. Further information about how reviews are collected, verified, moderated and displayed is provided on the website where applicable.