Terms

Table of Contents

• Article 1 - Definitions
• Article 2 - Identity of the entrepreneur
• Article 3 - Applicability
• Article 4 - The offer
• Article 5 - The agreement
• Article 6 - Right of withdrawal
• Article 7 - Costs in case of withdrawal
• Article 8 - Exclusion of the right of withdrawal
• Article 9 - The price
• Article 10 - Conformity and warranty
• Article 11 - Delivery and execution
• Article 12 - Payment
• Article 13 - Complaints procedure
• Article 14 - Disputes
• Article 15 - Additional or deviating provisions
• Article 16 - Minimum age
• Article 17 - Force majeure
• Article 18 - Intellectual property
• Article 19 - Privacy

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur, which a consumer may complete when they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used for concluding an agreement without the consumer and the entrepreneur being in the same place at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

OM AMS
Trading as Magic-Mushrooms-Shop.com

Business address (visits by appointment only):
Zamenhofstraat 150,
1022 AG Amsterdam
The Netherlands

Contact:

Email: Support Center
Phone: +31 (0) 85 301 82 58 (local rate)
Availability: Business days from 10:00 to 17:00 (CET)

Chamber of Commerce number: 34352026 Amsterdam

Article 3 - Applicability

• These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
• Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
• If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
• In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting general terms and conditions.
• If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced by mutual consultation without delay by a provision that approximates the purpose of the original as closely as possible.
• Situations that are not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
• Any ambiguity regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

• If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
• The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
• The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer.
• All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
• Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

• The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
• If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
• If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
• The entrepreneur may — within legal frameworks — ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
• The entrepreneur shall send the following information to the consumer together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
  a. The contact details of the entrepreneur where the consumer can address complaints;
  b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  c. Information about warranties and existing after-sales service;
  d. The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
• Each agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

Please note! A number of products are excluded from the right of withdrawal due to their freshness and limited shelf life. See Article 8 for more information.

• When purchasing products, the consumer has the right to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
• During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they shall return the product with all accessories supplied and — if reasonably possible — in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
• When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer shall make this known by means of the model withdrawal form. After the consumer has made known their wish to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned in time, for example by means of proof of shipment.
• If the consumer has not made known their wish to exercise the right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in case of withdrawal

• If the consumer exercises their right of withdrawal, the costs of return shipment shall be borne by the consumer at most.
• If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds shall be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
• In the event of damage to the product due to careless handling by the consumer, the consumer shall be liable for any depreciation of the product.
• The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

A number of products are excluded from the right of withdrawal as permitted by law:

• Products with a limited shelf life that have a freshness seal, such as:
  - Mushroom grow kits
  - Spore ampoules, spore syringes and spore prints
  - Truffles / sclerotia
• Hygiene products of which the consumer has broken the seal.

Article 9 - The price

• During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
• Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any prices stated are guide prices shall be stated in the offer.
• The prices stated in the offer of products or services include VAT.
• All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

• The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force in the Netherlands on the date of conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
• A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement.
• Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery. Returns of products must be made in the original packaging and in new condition, but only after consultation with helpdesk staff.
• The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
• The warranty does not apply if:
  a. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  b. The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or treated contrary to the instructions of the entrepreneur and/or on the packaging;
  c. The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

• The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
• The place of delivery shall be the address that the consumer has made known to the company.
• Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
• All delivery times are indicative. The consumer cannot derive any rights from stated delivery times. Exceeding a delivery time does not entitle the consumer to compensation.
• In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
• If delivery of an ordered product proves impossible, the entrepreneur shall endeavour to make a replacement article available. No later than at the time of delivery, it shall be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment shall be borne by the entrepreneur.
• The risk of damage to and/or loss of products shall lie with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Payment

• Orders shall only be dispatched after full payment for the products and shipping costs has been received by the entrepreneur.
• Unless otherwise agreed, the amounts owed by the consumer must be paid within 30 business days after the commencement of the cooling-off period as referred to in Article 6, paragraph 1.
• The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
• If payment has not been received or has been partially received 30 days after the order, the agreement shall no longer be valid and the order shall be cancelled by the entrepreneur.

Article 13 - Complaints procedure

• The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
• Complaints about the execution of the agreement must be submitted to the entrepreneur in full and with a clear description within 7 days after the consumer has identified the defects.
• Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
• If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
• In the event of complaints, the consumer should first contact the entrepreneur.
• A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
• If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes

• Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad. This is without prejudice to the mandatory consumer protection of the consumer's country of residence, in accordance with the Rome I Regulation (Art. 6).
• The Vienna Sales Convention does not apply.

Article 15 - Additional or deviating provisions

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

Article 16 - Minimum age

• It is only permitted to order products from the entrepreneur if the consumer has reached the age of 18.
• By placing an order, the consumer declares that they are 18 years of age or older.
• The entrepreneur reserves the right to cancel orders and/or refuse deliveries if there are reasonable grounds to believe that the consumer has not reached the minimum age of 18.

Article 17 - Force majeure

• The entrepreneur is not obliged to fulfil any obligation towards the consumer if they are prevented from doing so as a result of a circumstance that is not attributable to fault, and that is not for their account by virtue of the law, a legal act or generally accepted standards.
• Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the law and case law, all external causes, foreseen or unforeseen, over which the entrepreneur has no influence, but which prevent the entrepreneur from fulfilling their obligations. This includes but is not limited to: strikes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used, non-delivery or late delivery by suppliers or other engaged third parties, epidemics and pandemics.
• The entrepreneur also has the right to invoke force majeure if the circumstance preventing (further) fulfilment of the agreement arises after the entrepreneur should have fulfilled their obligation.
• In the event of force majeure, the entrepreneur shall inform the consumer as soon as possible. If the force majeure continues for more than 30 days, both the entrepreneur and the consumer have the right to dissolve the agreement without any obligation to pay compensation.

Article 18 - Intellectual property

• All intellectual property rights relating to the website, including but not limited to texts, images, design, photographs, software, brand names (including Cloud920® and GetMagic®), logos and product descriptions, are vested in the entrepreneur or their licensors.
• The consumer is not permitted to copy, distribute, publish or otherwise use any material from the website or from the entrepreneur's communications for commercial purposes without the prior written consent of the entrepreneur.

Article 19 - Privacy

• The entrepreneur processes the consumer's personal data in accordance with the General Data Protection Regulation (GDPR). The entrepreneur's privacy policy can be consulted on the website.
• By placing an order, the consumer acknowledges having read the entrepreneur's privacy policy.

Online Dispute Resolution (ODR)

The European Commission provides a platform for online dispute resolution (ODR). This platform can be found at: https://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve disputes.