Terms
The terms and conditions of Magic-Mushrooms-Shop.com – located in Amsterdam, the Netherlands.
This Version is valid from Februari 1, 2019. By utilizing our website and placing one or more orders on Magic-Mushrooms-Shop.com you agree to the following terms and conditions :
- The use of the website and placing orders is only for people of 18 years and older.
- By ordering on Magic-Mushrooms-Shop.com you take full responsibility concerning the legal status of the products that will be sent to you. All the products on Magic-Mushrooms-Shop.com are legal to be sold and possessed by people of 18 years and older in the Netherlands by Dutch law. We do not have or know the information of the legal status of all our products in countries outside the Netherlands because of changing laws.
- You are responsible for informing yourself on the legal status, import and custom laws of these products in your country. The Magic-Mushrooms-Shop.com doesn’t supply this information and cannot be taken accountable for the products send. When you place an order you declare that you are aware of the legal status of the ordered product(s) in your country and that you are allowed to receive and posses these.
- In no way we encourage engaging in illegal activities. When in doubt about products ask for legal advice from a certified lawyer.
- Magic-Mushrooms-Shop.com does not guarantee in any way that the information and products available on this website is valid or legal outside of the Netherlands. All information that is supplied by Magic-Mushrooms-Shop.com through the website, links from or to other websites or by it’s staff supplied by email or any other form of communication is strictly educational and informative. This information should never be utilized as a recommendation to engage in certain actions. The use of this information for illegal activities is completely on ones’ own risk. Magic-Mushrooms-Shop.com doesn’t claim in any way that the information on our website is accurate, complete or up-to-date.
Terms Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Exercise of the right of withdrawal by the consumer, and costs thereof
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and additional guarantee
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or divergent provisions
Article 1 – Definitions
In these conditions, the following terms are defined as stated below:
- Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of a contract between this third party and the entrepreneur;
- Cooling off period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person not acting for purposes connected with their trading, business, craft, or professional activities;
- Day: calendar day;
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling off period;
- Entrepreneur: the natural person or legal entity that offers products, (access to) digital content, and/or services to consumers at a distance;
- Distance contract: a contract that is entered into between the entrepreneur and the consumer in the context of an organised system for sales at a distance of products, digital content, and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of their order;
- Technique to communicate at a distance: resource that can be used for entering into a contract without the consumer and the entrepreneur having to come together at the same time in the same space.
Article 2 – Identity of the entrepreneur
Online Musketeers vof as Magic-Mushrooms-Shop.com
Registered address:
Online Musketeers Postbus 1492 1000 BL Amsterdam The Netherlands
Visiting address:
Zamenhofstraat 150, Unit 112 1022 AG Amsterdam The Netherlands
Monday to Friday from 10:00 to 16:00
Telephone number +31 (0) 85 301 82 58
Email address: support [at] magic-mushrooms-shop.com
Chamber of Commerce number: 34352026 Amsterdam
VAT identification number: NL821075421B01
Article 3 – Applicability
- These terms and conditions are applicable to every offer of the entrepreneur and every distance contract between the entrepreneur and the consumer.
- The text of these terms and conditions will be made available to the consumer before the distance contract is entered into. If this is not reasonably possible, the entrepreneur will state, before the distance contract is entered into, the manner in which the terms and conditions can be consulted at the entrepreneur and that they can be sent as soon as possible, free of charge, at the consumer’s request.
- If the distance contract is entered into electronically, it may be that, in divergence from the foregoing paragraph and before the distance contract is entered into, the text of these terms and conditions can be made available to the consumer by electronic means in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible then, before the distance contract is entered into, it will be stated where the terms and conditions can be consulted by electronic means and that they will be sent electronically or in another way, free of charge, at the consumer’s request.
- In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the first and second paragraphs apply mutatis mutandis, and in the event of conflicting conditions the consumer can always invoke the applicable condition that is most favorable to them.
Article 4 – The offer
- If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer will include a full and detailed description of the offered products, digital content, and/or services. The description will be sufficiently detailed to enable a good evaluation of the offer by the consumer. Article 1 – Definitions
- In these conditions, the following terms are defined as stated below:
- Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content, and/or services are delivered by the entrepreneur or by a third party on the basis of a contract between this third party and the entrepreneur;
- Cooling off period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person not acting for purposes connected with their trading, business, craft, or professional activities;
- Day: calendar day;
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling off period;
- Entrepreneur: the natural person or legal entity that is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers at a distance;
- Distance contract: a contract that is entered into between the entrepreneur and the consumer in the context of an organised system for sales at a distance of products, digital content, and/or services whereby, until the contract is entered into, exclusive or partial use is made of one or more techniques for communication at a distance;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions; Appendix I does not have to be made available if the consumer has no right of withdrawal in respect of their order;
- Technique to communicate at a distance: resource that can be used for entering into a contract without the consumer and the entrepreneur having to come together at the same time in the same space.
Article 5 – The contract
- The contract is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
- If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm by electronic means the receipt of the acceptance of the offer. The consumer can terminate the contract for as long as the receipt of this acceptance is not confirmed by the entrepreneur.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data, and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to this end.
- The entrepreneur can, within the statutory provision, investigate whether the consumer can fulfil their payment obligations, as well as investigate all the facts and factors that are of importance for entering into the distance contract responsibly. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the contract, it is entitled to refuse an order or application, stating reasons, or to attach special conditions to the implementation.
- The entrepreneur will, no later than on the delivery of the product, send the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, the following information
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