These terms and conditions contain and describe the following aspects:

1. Operator of the website: The website is operated by Active Fungi, and references to “we,” “us,” and “our” throughout the site refer to Active Fungi.
2. Acceptance of terms: By using the website, you, as the user, agree to accept all the terms, conditions, policies, and notices stated on the site.
3. Intended audience: The use of the website, including searching or placing an order, is intended for consenting adults. By using the website, you confirm that you are at least 18 years old or older.
4. Jurisdiction for customers from the United Kingdom: For customers from the United Kingdom, the agreement is governed by and interpreted according to the law of England and Wales. Any disputes arising under the agreement, including non-contractual disputes or claims, will be subject to the exclusive jurisdiction of the English and Welsh courts.
5. These provisions outline the operator of the website, user acceptance of terms, the intended audience, and jurisdiction for customers from the United Kingdom.

Legal status: Truffles are stated to be 100% legal in the Netherlands, and as a result, they can be shipped to all EU countries under the Mutual Recognition of Goods Principle of the European Commission. This suggests that the legal status of truffles may vary among EU countries, and it is the responsibility of the customer to verify the local legal status of truffles in their country of residence.

Delivery guarantee: The website claims to have a high successful delivery rate and currently offers a delivery guarantee for most orders within the EU. Further details regarding shipping can be found under the “Shipping Information” tab.

Warning: The use of truffles is cautioned against for individuals who are pregnant or have a mental disorder.

Age restriction: Truffles are stated to be intended only for persons aged 18 years and older.

Precise dosing: When microdosing truffles, it is emphasized to use a scale that can measure with 0.01-gram accuracy and not to microdose without precisely measuring the dose.

These points cover the legal status, delivery guarantee, warnings, age restrictions, and dosing recommendations related to truffle usage as mentioned on the website.

INDEX

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Cost of withdrawal

Article 8 – Customers who exercise their right of withdrawal and the costs involved

Article 9 – Traders’ obligations in case of withdrawal

Article 10 – Precluding the right of withdrawal

Article 11 – The price

Article 12 – Contract fulfillment and extra guarantee

Article 13 – Delivery and implementation

Article 14 – Cancellation, extension and duration

Article 15 – Payment

Article 16 – Complaints 

Article 17 – Disputes

Article 18 – Additional or different stipulations

ARTICLE 1 – DEFINITIONS

The following definitions apply to these terms and conditions:

Supplementary agreement: An agreement wherein a consumer obtains products, digital content, and/or services through a distance contract, and a trader or a third party delivers these products, digital content, and/or services based on an agreement between the third party and the trader.

Withdrawal period: The period during which a consumer can exercise their right of withdrawal.

Consumer: A natural person whose actions are not carried out for purposes related to the conduct of trade, a profession, or a business.

Day: A calendar day.

Digital content: Data that is produced and supplied in digital form.

Extended duration transaction: A distance contract concerning a series of products and/or services, where the obligation to supply and/or purchase is spread over a specific period of time.

Durable medium: Any means, including emails, that allows a consumer or trader to store information that is personally addressed to them in a manner that facilitates its future use or consultation during a period aligned with the intended objective. It also allows for the unaltered reproduction of the stored information.

Right of withdrawal: The consumer’s ability to cancel a distance contract within the designated withdrawal period.

Trader: A natural or legal person who offers products, (access to) digital content, and/or services to consumers from a remote location.

Distance contract: A contract concluded between a trader and a consumer within the framework of a system organized for the remote sale of products, digital content, and/or services, where one or more distance communication techniques are employed until the contract’s conclusion.

Model form for the right of withdrawal: The European model form for the right of withdrawal, which is provided in Appendix I of these terms and conditions. The trader is not obligated to provide Appendix I if the consumer has no right of withdrawal concerning their order.

Technique for distance communication: Means that can be used for communication regarding the trader’s offer and the conclusion of a contract, without requiring the consumer and trader to be physically present at the same location simultaneously.

ARTICLE 2 – IDENTITY OF THE TRADER

Our main office (no visitors, no sales and no physical shop) address is:

ADDRESS

EMAIL

CoC

VAT no.

(*) This address serves as our primary office and is not open for purchases, visits, or transactions.

In the event that the trader’s activities are subject to a relevant licensing system, the data of the supervising authority will be provided.

If the trader practices a regulated profession:

The professional association or organization to which the trader is affiliated.

The professional title and the location in the EU or EEA where it was granted.

A reference to the applicable professional rules in the Netherlands and instructions on where and how these professional rules can be accessed.

Please note that specific details regarding the supervising authority, professional association, professional title, and professional rules would need to be filled in as per the actual circumstances and requirements of the trader’s profession and jurisdiction.

ARTICLE 3 – APPLICABILITY

1. These general terms and conditions apply to all offers made by a trader and to all distance contracts concluded between a trader and a consumer.
2. Prior to the conclusion of a distance contract, the trader will provide the consumer with the text of these general terms and conditions. If it is not reasonably possible to do so, the trader will inform the consumer, before the distance contract is concluded, about how the general terms and conditions can be inspected at the trader’s premises. The trader will also offer to send the general terms and conditions to the consumer free of charge, upon request, as quickly as possible.
3. If the distance contract is concluded electronically, the consumer will be provided with the text of these general terms and conditions in an electronic format before the contract is concluded. The trader will ensure that the consumer can easily store the terms and conditions on a durable data carrier. If it is not reasonably possible to do so, the trader will indicate, prior to the conclusion of the distance contract, where the consumer can electronically access the general terms and conditions for inspection, and offer to provide them to the consumer free of charge, either electronically or by other means, upon request.
4. In cases where specific terms and conditions related to a particular product or service are applicable in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In the event of any inconsistency between the general terms and conditions and the specific product or service-related terms and conditions, the consumer may always invoke the condition that is most favorable to them.

ARTICLE 4 – THE OFFER

1. If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer. 
2. The offer includes a comprehensive and precise depiction of the products, digital content, and/or services available. The description provides enough detail for consumers to make an informed evaluation of the offer. If the trader utilizes illustrations, they will faithfully represent the products and/or services offered. However, the trader is not obligated to honor obvious errors or mistakes in the offer.
3. Each offer includes explicit information that clarifies the rights and obligations associated with accepting the offer. This ensures that consumers have a clear understanding of the terms and conditions they are agreeing to upon acceptance.

ARTICLE 5 – THE CONTRACT

1. The contract will be finalized when the consumer accepts the offer and fulfills the conditions specified, as stated in paragraph 4. This means that the acceptance of the offer, along with meeting the specified conditions, will mark the completion of the contract between the consumer and the trader.
2. If the consumer has accepted the offer electronically, the trader is obligated to promptly acknowledge the receipt of acceptance electronically. Until the acceptance of the offer has been confirmed by the trader, the consumer retains the right to cancel or dissolve the contract. In other words, if the trader fails to provide the confirmation of acceptance, the consumer can still choose to withdraw from the contract without any obligations or consequences.
3. If the contract is concluded electronically, the trader is responsible for implementing appropriate technical and organizational measures to ensure the secure transfer of electronic data and to create a safe web environment. Additionally, if the consumer is making electronic payments, the trader will employ suitable security measures to safeguard the payment process.
4. Within the boundaries set by applicable laws, the trader has the right to gather information about the consumer’s ability to fulfill payment obligations and other relevant facts necessary for a responsible conclusion of the distance contract. If the results of this investigation provide valid reasons, the trader reserves the right to decline the contract, reject an order or application, or impose special conditions for its execution. These decisions will be supported by clear justifications.
5. The trader is obligated to provide the consumer with specific information in writing or in a format that can be stored on a durable medium. This information will be sent to the consumer no later than the delivery of the product, service, or digital content. In the case of an extended duration contract, the aforementioned requirement only applies to the initial delivery.
6. The office address of the trader’s business location where the consumer can lodge complaints.
7. The conditions under which the consumer can exercise their right of withdrawal, including the method for doing so, or a clear statement if there are any circumstances that preclude the right of withdrawal.
8. Information about any guarantees and after-sales services that are available.
9. The price of the product, service, or digital content, including all applicable taxes, as well as any costs associated with delivery if applicable. The trader should also specify the accepted methods of payment and the procedures for delivery or implementing the distance contract.
10. The requirements for terminating the contract if its duration exceeds one year or if it is of indefinite duration.
11. If the consumer has the right of withdrawal, the trader should provide a model form for the right of withdrawal, which can be used by the consumer to exercise their right within the specified withdrawal period.

Article 6 – Right of withdrawal

1. When purchasing products, the consumer has the right to withdraw from the contract within a period of 14 days without providing any reason. This period starts on the day after the consumer or a pre-designated representative, previously informed to the trader, receives the product.
2. During the withdrawal period, the consumer must handle the product and its packaging with care. They should only unpack or use the product to the extent necessary to assess whether they want to keep it. If the consumer decides to exercise their right of withdrawal, they must return the product, along with all accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the trader.

Article 7 – Costs of withdrawal

1. If the consumer exercises their right of withdrawal, they will be responsible for the maximum costs of returning the product.
2. If the consumer has made a payment, the trader will refund the amount as soon as possible and no later than 14 days after the return or cancellation.

ARTICLE 8 – Consumers who exercise their right of withdrawal and the costs involved

1. If a consumer wishes to exercise their right of withdrawal, they must inform the trader within the withdrawal period using the model form for right of withdrawal or any other clear and unambiguous method.
2. The consumer is responsible for returning the product to the trader as soon as possible, but no later than 14 days after notifying the withdrawal, unless the trader has offered to collect the product themselves. The consumer is considered to have met the return deadline if they send the product back before the withdrawal period expires.
3. When returning the product, the consumer should include all relevant accessories and, if reasonably possible, return it in its original condition and packaging, following the reasonable and clear instructions provided by the trader.
4. The consumer bears the risk and burden of proof for correctly and timely exercising the right of withdrawal.
5. The consumer is responsible for the direct costs of returning the product, unless the trader has stated otherwise or has indicated their willingness to bear the return costs themselves.
6. If the consumer exercises their right of withdrawal after explicitly requesting that a service or the supply of gas, water, or electricity not prepared for sale be provided in a limited volume or quantity during the withdrawal period, the consumer is obligated to pay the trader an amount equivalent to the proportion of the contract fulfilled by the trader at the time of withdrawal, in comparison to the complete fulfillment of the contract.
7. The consumer incurs no costs for the provision of services or the supply of gas, water, electricity not prepared for sale in a limited volume or quantity, or for the delivery of city central heating, if:
8. The trader failed to provide the consumer with the mandatory information about the right of withdrawal, costs applicable in the event of withdrawal, or the model form for right of withdrawal.
9. The consumer did not explicitly inquire about the commencement of service provision or the delivery of gas, water, electricity, or city central heating during the withdrawal period. 
10. The consumer bears no costs for the entire or partial supply of non-material digital content if:
11. They did not explicitly agree to the commencement of the contract before the end of the withdrawal period.
12. They did not acknowledge the loss of their right of withdrawal upon granting permission.
13. The trader failed to confirm this statement made by the consumer.
14.  If a consumer exercises their right of withdrawal, any supplementary agreements related to the contract are automatically terminated.

 

ARTICLE 9 – Traders’ obligations in a case of withdrawal

1. If the trader allows the consumer to declare their withdrawal electronically, the trader must promptly send a confirmation of receipt after receiving such a declaration.
2. The trader is obligated to reimburse the consumer without delay and no later than 14 days from the day the consumer reported the withdrawal. This includes any delivery costs charged by the trader for the returned product, unless the trader has offered to collect the product themselves. The trader may postpone the reimbursement until they have received the returned product or until the consumer provides proof of return, whichever occurs earlier.
3. The trader will use the same payment method for reimbursement as was used by the consumer initially unless the consumer agrees to a different method. The reimbursement must be provided free of charge to the consumer.
4. If the consumer chose an expensive method of delivery instead of the cheapest standard delivery option, the trader is not obligated to refund the additional costs associated with the more expensive method.

ARTICLE 10 – PRECLUDING THE RIGHT OF WITHDRAWAL

According to the regulations, the trader can preclude the right of withdrawal for certain products and services if they have clearly stated this when making the offer or at least in a timely manner before the contract is concluded. The following are examples of products and services for which the right of withdrawal may be excluded:

1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur during the withdrawal period.
2. Contracts concluded during a public auction, where the successful purchaser is obligated to purchase the products, digital content, and/or services.
3. Service contracts that have been fully completed, but only if the implementation started with the explicit prior agreement of the consumer and the consumer declared the loss of their right of withdrawal after the contract was completed.
4. Package travels, package holidays, and package tours as defined in article 7:500 BW (Dutch Civil Code) and contracts for passenger transport.
5. Service contracts provide access to accommodation, if the contract already specifies a certain date or period of implementation, excluding accommodation for the purpose of transportation, car rental services, and catering.
6. Contracts relating to leisure activities, if the contract already specifies a certain date or period of implementation.
7. Products manufactured according to the consumer’s specifications or clearly intended for a specific person, which were not prefabricated and based on the consumer’s specific choice or decision.
8. Products that are subject to rapid decay or have a limited shelf-life.
9. Sealed products that are unsuitable for return due to reasons related to health or hygiene and whose seal was broken after delivery.
10. Products that have been irretrievably mixed with other products due to their nature.
11. Alcoholic drinks whose price was agreed upon at the time of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence.
12. Sealed audio/video recordings and computer software whose seal was broken after delivery.
13. Newspapers or magazines, except for subscriptions.
14. Delivery of digital content that is not supplied on a material medium, but only if the delivery commenced with the consumer’s explicit prior agreement and the consumer declared the loss of their right of withdrawal. It’s important for the trader to clearly state any exclusions of the right of withdrawal for these products and services in the offer or prior to the conclusion of the contract.

ARTICLE 11 – THE PRICE

1. The prices of the products and/or services offered should not be increased during the validity period mentioned in the offer, except for changes in VAT tariffs. 
2. However, the trader may offer products or services at variable prices if those prices are subject to fluctuations in the financial market over which the trader has no control. In such cases, the offer must indicate the link with these fluctuations and clarify that any mentioned prices are recommended prices.
3. Price increases are allowed within three months after the contract is concluded only if they result from statutory regulations or stipulations. 
4. Price increases that occur more than three months after the contract was concluded are permitted only if the trader explicitly stated this and if they are the result of statutory regulations or stipulations, or if the consumer has the right to terminate the contract on the day the price increase takes effect.
5. Prices mentioned in offers for products or services include VAT (Value Added Tax).

ARTICLE 12 – CONTRACT FULFILLMENT

1. The trader is responsible for ensuring that the products and/or services fulfill the terms of the contract, including the specifications mentioned in the offer, the reasonable requirements of reliability and serviceability, and the applicable statutory and government regulations at the time of the contract’s conclusion. If agreed upon, the trader also guarantees that the product is suitable for purposes beyond normal use.
2. It is important to note that any additional guarantee provided by the trader, manufacturer, or importer cannot undermine the consumer’s statutory rights and claims arising from the contract if the trader fails to fulfill their obligations.

ARTICLE 13 – SUPPLY AND IMPLEMENTATION

1. The trader is responsible for carefully handling and fulfilling orders for products and assessing applications for services. 
2. The place of delivery is considered to be the address provided by the consumer.
3. The trader is obligated to fulfill accepted orders promptly and efficiently, ensuring delivery within 30 days, unless a different delivery period has been agreed upon. If there is a delay in delivery, or if the delivery cannot be completed or only partially fulfilled, the consumer must be informed within 30 days after placing the order. In such cases, the consumer has the right to cancel the contract without any charges and may be entitled to seek compensation for any damages incurred.
4. Upon cancellation of the contract as described in the previous paragraph, the trader must refund the consumer the amount paid without delay.
5. Unless explicitly agreed otherwise, the trader bears the risk of damage or loss of products until the moment of delivery to the consumer or a representative designated by the consumer and communicated to the trader.

Article 14 – Cancellation, Extension, and Duration:

Cancellation:

1. If an agreement is concluded for an indefinite period and involves the regular delivery of products or services, the consumer can terminate the agreement by following the agreed cancellation rules and providing a notice period of no more than one month.
   If an agreement is concluded for a definite period and involves the regular delivery of products or services, the consumer can terminate the agreement at any time towards the end of the fixed term, following the agreed cancellation rules and providing a notice period of at least one month.
2. The consumer has the right to cancel the agreements mentioned in the previous paragraphs:
3. The cancellation can be done at any time and is not limited to a specific time or period.
4. The cancellation should be done in the same manner as the agreement was entered into by the consumer.
5. The notice period for cancellation should be the same as the one specified by the trader.

Extension:

6. A contract that is concluded for a definite period and involves the regular delivery of products or services cannot be automatically extended or renewed for a fixed period.

7. A contract that is concluded for a definite period and involves the regular delivery of products or services can only be tacitly extended for an indefinite period if the consumer has the right to cancel at any time with a notice period of no more than one month, and the trader has a notice period of no more than three months.

Duration:

8. If an agreement has a duration of more than one year, the consumer has the right to cancel the agreement at any time with a notice period of up to one month, unless it is unreasonable or unfair to cancel before the agreed duration ends.

Article 15 – Payment

1. Unless otherwise agreed, the consumer is required to pay the amounts owed within 14 days after the start of the cooling-off period, which begins on the day the consumer receives the product. In the case of a service agreement, this period starts after the consumer receives the confirmation of the agreement.
2. If prepayment is required, the consumer cannot demand the execution of the order or service until the prepayment has been made as stipulated.
3. The consumer has a responsibility to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.
4. If the consumer fails to make payment, the entrepreneur is entitled to charge reasonable costs that have been communicated to the consumer, within the limits set by law.

Article 16 – Complaints policy 

1. The trader must have a well-publicized complaints procedure in place, and they will handle complaints in accordance with this procedure.
2. If the consumer has any complaints about the implementation of the agreement, they must submit these complaints to the trader within a reasonable time after discovering the defects. The complaints should be described fully and clearly.
3. The trader is obligated to respond to complaints submitted by the consumer within 14 days from the date of receipt. If it is anticipated that the complaint will require a longer processing time, the trader must acknowledge receipt of the complaint within 14 days and provide an estimate of when the consumer can expect a more detailed response.

Article 17 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This means that any disputes or legal matters arising from these agreements will be governed by Dutch law.

Article 18 – Additional or different stipulations

Any additional provisions or deviations from these general terms and conditions must be in favor of the consumer and should be recorded in writing or in a way that allows consumers to store them in a readily accessible manner on a durable medium. This ensures that consumers have clear access to and can refer to any additional agreements or deviations that have been made.

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