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 and that You are also 18 years old or older.

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 KEPT AS A DONATION 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.

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Payment options-

Users can currently use Klarna, and cash* (additional 25% discount for cash) on the website.
*Cash is a 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-

COVID19 update- 

About 5-15% 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.

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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 4 pm 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 Tuesday.

We only send within the USA, no international orders. We do not ship to any of the US territories. We do not ship to CA, GA or ID. If your shipping address is in one of these states, your order will not be able to be processed. This includes all of our products. We do not accept orders to the above restricted locations off website either, please do not ask.

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Returns/refunds and order complications

 

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 

 

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 etc) than I cannot offer any refund or replacement.
If the fault is on the part of local USPS (they deliver to the wrong house, they don’t deliver due to name issues) 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, you must reach out to me in this case.

Contaminated syringes: Any contaminated syringes will be replaced free of charge (customer pays shipping) when the following conditions have been met (You must message me within 2 weeks of order delivery for this type of issue):

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 (you can send me images uploaded to imgur and message me on reddit or via email). 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.

Contaminated gourmet wedges/LC : Any contaminated gourmet products will be refunded in full or 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) is shown.

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.

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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.

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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.

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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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