Terms of Service-TOS

Disclaimer- If you contact me and place an order (send funds), you agree that you have read the shipping info, disclaimers, refund/return policies etc in full. You agree that you understand these spores are for microscopy only and are not intended for other use, you have seen the spore solution video of your selected strain(s) are happy with the representative spore load, you have read and understood the order complications policy IN FULL. You agree that you have seen and understand the homogenization explanation. You understand that no products offered are for human consumption. You understand the risks associated with growing gourmet mushrooms from the Ready-to-Fruit kits and the instructions to use them  (information given on the product page of each Ready-to-Fruit kit and here).

NO ACTIVE CULTIVATION- Please do not contact me or link your order to any request or admission for unintended use of my products. I do not offer any active cultivation advice and ANY ORDER PLACED THAT VIOLATES THESE TERMS WILL BE REFUNDED and no items sent.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Additionally, we are not responsible for any third parties selling or promoting our products except those we partner with directly.

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Below are sections for Payment options, Packaging and shipping info, Returns and refund policy, Policies on order complications, Privacy policy, and other information.

Payment options-

Users can currently use cards, including through MESH (What is MESH?; all MESH orders get at least 1 free vendor’s choice spore syringe), Klarna and via invoice. Additionally I can also accept physical cash by mail* (additional 20% discount and at least 1 free vendor’s choice spore syringe are offered for all physical cash by mail orders), and Zelle through the website. *Cash by mail, Zelle, and card invoices are semi-automated processes so make sure to follow instructions for completing payment and verifying your order after you place the order and get an order number. Please read instructions carefully. Email mushroommanmycology@gmail.com with questions.  

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Packaging/shipping-

2020-2021 COVID19 update-  About 5% of packages are experiencing 1-3 week delays in delivery. Please check the tracking history to see where the package is and for updates. USPS is the one responsible for delivery so be sure to check with them if delayed and then message me if your order has not updated on tracking information for more than 3 weeks delayed. 

I ship via USPS only and most packages are 2-4 day shipping (3 day average) but see above for delay message. I ship from within the USA on TuesdaysThursdaysSaturdays. Depending on the time you get your order in, it may not ship until the following shipping day; I will ship all orders that are received and paid in full by 11 am EST the night before a shipping day (except all gourmet wedge orders which ship Tuesday only). See this guide for a visual representation of shipping schedule.
Almost all orders are sent USPS first class in manila bubble mailers that are 9″ by 6″. They are discrete and show no indications of contents on the outside. All envelopes are indicated as “FRAGILE” with a red stamp. Other orders are sent using USPS bubble mailers, or USPS flat rate boxes and, where necessary, padding is added to ensure safe delivery of items. Wedges are sent in microcentrifuge tubes, wrapped in parafilm. Note that wedge orders ship Tuesdays.
We ship from the US. We do not ship spores to CA, GA or ID. If your shipping address is in one of these states, your order will not be able to be processed. CA, GA, and ID can order gourmet items and supplies, but no spore syringes, spore prints or spore swabs- Please do not ask. Email me for a custom gourmet only order if shipping to CA, GA, or ID.
I currently can ship only spore prints and spore swabs outside the US in a letter. No spore syringes. Send me an email if trying to order spore prints or swabs to outside the US.

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Returns/refunds:

No returns.
No refunds on orders that have already been shipped. Orders that have been shipped cannot be cancelled and are non refundable.
If you want to cancel your order, message me with order number before it is shipped for a refund. Note- MushroomMan Mycology can choose to retain up to 25% of refunded order value as a restocking fee that will not be returned.

Any issues with seeing spores under the scope can contact me with order number and batch date of varieties in question. I will show the spore solution videos and work with you to get a freebie or discount on a future order to make up for any batch issues as I see fit. You must message me within 2 weeks of order delivery for this type of issue. NO MENTION OF ACTIVE CULTIVATION   

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Policies on order complications:

Damaged items: If your items are damaged in transit, I offer at least a 1/2 credit on the cost of items (not including shipping) to be used for a future purchase. You must include a photo of the item/package in an email with the order number. Damaged items include microcentrifuge tubes that open, syringes that break etc. I have sent tens of thousands of items at this point and I know how often they arrive intact- thus any damaged items will be treated as the fault of the local carrier and the 1/2 credit on the cost of the item will be offered. If this does occur make sure to indicate “extra padded packaging” in any repeat orders so that the rough local post can be addressed.
Note- As of 9/16/19 all gourmet wedges will be wrapped in parafilm within the bubble packed envelope which is marked as “FRAGILE”. With these changes to packaging to secure tubes there should be no issues, thus opened tubes will fall under “damaged items” and be eligible for a 1/2 credit.

Shipping errors: If the shipping error is on my part, I will refund the order or send a replacement. If the shipping error is on your part (not putting a secondary address, putting the wrong zipcode/street, putting a name that causes “addressee unknown” etc) than I cannot offer any refund or replacement. If the fault is on the part of local USPS I’ll offer a credit of 1/2 the cost of the order (not including shipping) towards any future order. IF THE PACKAGE SAYS DELIVERED but you did not receive, and the shipping info is all correct, I will not offer any refund/discount. I have to be fair to all customers and the tracking is how I verify order delivery, there is no way for me to know if the package was stolen from your mailbox or by a neighbor or if there is any dishonesty, so contact USPS if this happens. If the package is returned to sender the customer can pay shipping costs to have it resent- please reach out to me in this case or I will message you if a package is returned to me.
International orders: International orders for prints or swabs are sent in a letter using USPS. There is a non-machinable stamp. Most shipping times are 2-4 weeks. Lost, opened or undelivered letters are not eligible for refunds or replacements. The customer accepts the risk of their order sent as a letter and agrees that they cannot receive a refund or replacement if it does not arrive. I try to give an estimate of delivery rate to your country when you place the order, be mindful of past success rates.

Ready-to-Fruit blocksReady-to-Fruit blocks of gourmet species have instructions for use on the product page for that item. These instructions must be followed correctly to ensure growth. Because MMM cannot account for differences in home grow operations, any issues with fruiting these kits will be addressed on a case by case basis. Please take photographs of any issues, MMM will provide some free consultation about the issue and offer suggestions to help improve future efforts. In addition, a replacement kit will be offered at a discount, or a free agar wedge of the same species will be sent for free to allow the customer a chance to make their own blocks.

Temperature issues: If your samples freeze or are exposed to >110F for 2+ hours, we do not cover replacements. It is on the customer to ensure the package is not exposed (look into general delivery through USPS) or to follow tracking closely and grab from the elements ASAP.

Contaminated materials: Any contaminated materials will be replaced free of charge (or added as replacements to a future order) when the following conditions have been met (You must message me within 2 weeks of order delivery for this type of issue):

A) Active spore syringes: Send me your order number, the varieties you had issues with and the batch date from the collectors card. I also require a photograph of the contaminated microscope slide magnified enough to show both spores from your syringe and contaminant spores present (via email). If you are unable to provide the requested photograph I will add a Vendor’s Choice replacement item(s) on a future order or sent after customer pays shipping.
Additionally- if your syringe arrives and the spores are not intact (they are nonviable) than I require a photograph of slides showing broken spores. This is the only legal way to determine viability and I will not entertain messages discussing “nonviable” spores that were used in cultivation attempts.

B) Contaminated gourmet wedges/LC/ready to fruit block: Any contaminated gourmet products will have a new sample sent when the following conditions have been met: A photograph of the contaminated agar plate, or inoculated grain/brf (you can send me images uploaded to imgur on reddit, or via email) is shown. Ready-to-fruit blocks must be photographed and MMM notified within 2 days of delivery to verify contamination, the block must also be unopened.

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Privacy policy

Any information collected is kept secure and is not sold/traded or given out to any other parties. Information is kept confidential. Payments are secured through the third party providers offered, see the privacy policies of these companies to know how they manage your data.

Who we are

Our website address is: https://www.mushroommanmycology.com/.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

 

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

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Limitation of Liability and Indemnification

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Mushroomman Mycology, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You agree to indemnify, defend and hold harmless Mushroomman Mycology and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This includes health issues, home issues, etc associated with Ready-to-Fruit blocks, the customer understands the risks associated that Mushroomman Mycology provides and agrees that any issues associated with the blocks is not the fault of Mushroomman Mycology.

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Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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