Terms and Conditions of the mykolab.eu Online Store

These general terms and conditions (“Terms”) apply to all offers, quotations and agreements between Mykolab B.V. (“we”, “us” or “Mykolab”) and any natural person who is not acting in the course of a profession or business (“you” or “your”). Where we restrict your rights in these Terms, this applies only to the extent permitted by applicable consumer law. The mandatory provisions for the protection of consumers remain in full force and effect.

1. Our details

Mykolab B.V.
Trading under the name: Mykolaborian
Address: Keizersgracht 520 H, 1017 EK Amsterdam, the Netherlands
Telephone number: +31 612 957 084 (working days from 09:00 – 17:00)
Email address: contact@mykolab.eu(also for complaints and returns)
Return address: ul. Mokra 41a, 05-092 Kiełpin, Poland
Website: mykolab.eu
Chamber of Commerce number: 42062253
VAT registration number: NL869533654B01

2. Definitions

In these Terms, the following words have the following meanings:

• Agreement: any agreement between you and us concluded via our online shop, whereby you communicate with us remotely (for example, via the website, email or telephone). We do not have a physical store, so every Agreement is a distance contract (Overeenkomst op afstand). The Agreement includes the Offer accepted by you, the order confirmation, the order, any annexes, specifications, product instructions and other agreements recorded in writing or electronically.
• Complaints Procedure: our complaints procedure for consumers, as published on the Website.
• Contamination: contamination of the substrate or the mycelium in a Grow Kit by mould, bacteria or other micro-organisms other than the intended culture.
• Cooling-off period: the period within which you may exercise your right of withdrawal, as set out in article 9.
• Grow Kit: a ready-to-grow cultivation product supplied by us, containing mycelium on or in a substrate, which you incubate and allow to develop yourself.
• Offer: any offer or quotation that we make on our Website or by any other means.
• Price: the total price agreed in the Agreement for the supply of Products.
• Products: all items offered by us, including, in any event, Grow Kits, liquid cultures and related mycology products, including all fittings and accessories.
• Returns and Refunds Policy: our returns and refunds policy for consumers, as published on the Website.
• Right of withdrawal: your right to withdraw from the Agreement within the Cooling-off period, insofar as that right applies under the law and these Terms.
• Seal: the sealed packaging in which we supply a Product in order to keep it sterile.
• Shelf life: the period within which you must start using a Product at the latest, as stated by us on the packaging, the Website or in the accompanying product information.
• Third-party services: services or materials that we receive from other parties and which are used in the manufacture or supply of Products. These include transport and delivery services, materials and components from suppliers, third-party storage and international logistics.
• Website:www.mykolab.eu and our other online channels.

3. Applicability

3.1 These Terms apply to all Offers and Agreements.

3.2 Before you enter into an Agreement with us, we will make the text of these Terms available to you online in such a way that you can easily save them, for example as a PDF or by email. If this is not reasonably possible, we will indicate where you can consult these Terms online and, upon request, send you a copy free of charge.

3.3 The Returns and Refunds Policy and the Complaints Procedure apply in addition to these Terms and form part of the Agreement. Where they set out a rule in more detail, that rule applies.

3.4 In addition to these Terms, special terms and conditions may apply to certain Products, such as promotional terms or product-specific terms. We will make these special terms and conditions available to you before or at the time of concluding the Agreement. In the event of any conflict, you may rely on the provision that is most favourable to you.

3.5 These Terms were originally drawn up in English and may be made available in other languages. In the event of any discrepancy or inconsistency between the English version and a translated version, the English version shall prevail, unless mandatory law provides otherwise.

4. The Offer

4.1 All Offers are non-binding, unless they specify a time limit for acceptance. An Offer expires automatically as soon as the Product in question is no longer available.

4.2 The Offer contains a complete and accurate description of the Product, which is sufficiently detailed to enable you to make a proper assessment. Images are a true representation of the Product, but the actual appearance, shape, colour, size and yield of a Grow Kit may differ from these.

4.3 Obvious errors or mistakes in an Offer or in a Price are not binding on us.

5. Conclusion of the Agreement

5.1 The Agreement is concluded at the moment you accept the Offer via our online shop and fulfil the conditions set out therein. We shall confirm receipt of your acceptance without delay by electronic means. Until we have confirmed receipt of your acceptance, you may withdraw from the Agreement.

5.2 We take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. When you make an electronic payment, we observe appropriate security measures to this end.

5.3 We are entitled, within the limits of the law, to ascertain whether you are able to meet your payment obligations, and to obtain information on all facts relevant to the responsible conclusion of the Agreement. If we have valid reasons to do so, we may refuse an order, stating our reasons, or subject it to special conditions.

6. Price and payment

6.1 The price of the Product includes VAT. We will inform you of any additional costs, such as delivery or administration charges, at the latest during the ordering process and before you place your order.

6.2 We will not increase the Prices whilst the Offer is valid, except for price changes resulting from changes in VAT rates.

6.3 You must pay the amounts due at the time agreed in the Agreement, or otherwise at the time of placing the order, using the payment methods we offer in the online shop.

6.4 If you do not pay on time, we will notify you and give you an additional 14 days to pay. If you fail to pay within this period, you will owe statutory interest on the outstanding amount and we may charge you extrajudicial debt collection costs. These costs shall not exceed the maximum amounts permitted under applicable law.

6.5 We may suspend our obligations for as long as you have not fulfilled your payment obligation.

7. Your obligations and use of the Products

7.1 You shall provide us in good time with all information and details reasonably necessary for the proper performance of the Agreement, including correct and complete contact details and a correct delivery address.

7.2 You guarantee the accuracy and completeness of the details provided to us. We shall not be liable for any damage or delay arising from incorrect, incomplete or untimely information.

7.3 You must inspect any delivered Product as soon as possible after receipt for visible damage, defects, incompleteness or Contamination. You must report any visible defects, including transport damage, to us as soon as possible after delivery.

7.4 You shall use the Products exclusively for legitimate purposes and in accordance with the laws and regulations applicable in the country where you receive, hold and use the Products. You are personally responsible for checking, before you place your order, whether you may lawfully receive, hold and use a Product in your country. Laws on this subject differ from country to country and may change.

7.5 We supply Grow Kits, liquid cultures and related mycology products. We do not supply, and will not supply, finished products, meaning Grow Kits whose contents have fully grown or matured, or any product containing a controlled substance.

7.6 We are not responsible for the manner in which you use a Product after delivery. We give no advice on use other than the storage and usage instructions we supply with the Product and publish on the Website.

7.7 Our Products are not food, feed, a medicine or a medical device, and they are not intended for consumption.

8. Delivery

8.1 We take the utmost care when receiving and processing orders.

8.2 The place of delivery is the address you have provided to us. You must ensure that this address is easily accessible and that the Product can be collected.

8.3 We will fulfil accepted orders as promptly as possible, but no later than within 30 days, unless we have agreed a different delivery period with you.

8.4 We may use third parties for the delivery. This does not affect our obligations towards you.

8.5 If delivery is delayed or if an order cannot be fulfilled, or can only be partially fulfilled, you will be notified of this as soon as possible. If the delivery period is exceeded, you may set us a reasonable additional deadline in writing. If we fail to deliver within that additional deadline, you may terminate the Agreement free of charge and we will refund any amounts already paid within 14 days at the latest.

8.6 The risk of damage to or loss of the Product passes to you at the moment you, or a third party designated by you who is not the carrier, have actually taken delivery of the Product.

9. Right of withdrawal

9.1 When you buy a Product from us, you have the right to withdraw from the Agreement without giving any reason during a Cooling-off period of 14 days, unless a statutory exception applies. The following paragraphs of this article apply only insofar as the Right of withdrawal applies to your purchase.

9.2 The Right of withdrawal does not apply to Grow Kits and liquid cultures. Grow Kits and liquid cultures are living, biological products which deteriorate rapidly and have a limited Shelf life, and the Right of withdrawal is excluded for goods of that kind. We inform you of this exclusion on the product page and in the checkout, before you place your order.

9.3 The Right of withdrawal does apply to Products that do not deteriorate rapidly and do not have a limited Shelf life. The Returns and Refunds Policy states which Products those are and how you return them.

9.4 For a Product that we supply sealed, the Right of withdrawal also lapses once you break the Seal. We seal our Products to keep them sterile and, once the Seal is broken, the Product is no longer suitable for return for reasons of health protection and hygiene.

9.5 The Cooling-off period begins on the day after you, or a third party designated by you (other than the carrier), have received the Product. If a single order contains multiple Products that are delivered separately, the Cooling-off period begins on the day you receive the last Product.

9.6 During the Cooling-off period, you must handle the Product and its packaging with care. You may only handle and inspect the Product in the same way as you would be permitted to do in a shop. You are liable for any loss of value resulting from handling the Product in a manner that goes beyond what is necessary.

9.7 To exercise your Right of withdrawal, you must notify us within the Cooling-off period using the model form in Annex 1, the function on our website, or by means of another unambiguous statement. You must return the Product as soon as possible, but no later than 14 days after giving notice.

9.8 You are responsible for the direct costs of returning the Product, unless you have a valid complaint as described in article 11.6. We state those costs, or a reasonable estimate of them, on the product page and in the checkout before you place your order.

9.9 We will refund all payments received from you, including the original delivery costs, no later than 14 days after you have notified us of the withdrawal. We may delay the refund until we have received the Product or until you have provided evidence that you have returned it, whichever occurs first. We will refund you using the same payment method you used, unless you agree to a different method. Refunds from us are free of charge for you.

9.10 If you have chosen a delivery method that is more expensive than the cheapest standard delivery, we are not obliged to refund the additional costs.

10. Cancellation and non-acceptance

10.1 Apart from the Right of withdrawal referred to in article 9, you may not cancel an Agreement for convenience. Cancellation is only valid following our written confirmation.

10.2 If we agree to the cancellation or if you fail to take delivery of a Product without a valid reason, we may charge you for the actual loss we have suffered, including production, procurement, transport and administration costs incurred. As our Grow Kits are perishable and we cannot resell them, these costs may amount to the full Price.

11. Conformity and quality

11.1 Our Grow Kits are living, organic products. The development, growth, yield and physical characteristics of a Grow Kit depend on factors beyond our control, including temperature, light, humidity and the way in which you store and use the Grow Kit.

11.2 Biological variability — such as differences in shape, colour, size, rate of development and yield — is a natural characteristic of the Grow Kit and does not constitute a defect, provided that the Grow Kit, upon delivery, meets what you may reasonably expect under this clause.

11.3 We guarantee that a Product, upon delivery, complies with the Agreement, with the specifications set out in the Offer and with the requirements you may reasonably impose based on the nature of the Product. In particular, this means that we guarantee the quality of the Grow Kit upon delivery: we produce the Grow Kit under controlled, sterile conditions and the Grow Kit is free from Contamination upon delivery.

11.4 We do not guarantee that a Product will produce a specific result or a specific yield. Any yield we state, such as an average harvest size, is an estimate based on our own production runs and not a guarantee.

11.5 You must report any defect to us within a reasonable period after you discover it. A report within two months after discovery is in any event timely. If you report later, you may still rely on your statutory rights, but any additional damage caused by the delay, or by your continued use of the Product despite the defect, is at your expense.

11.6 In the event of a valid complaint, we will arrange for repair or replacement within a reasonable period and free of charge. If repair or replacement is not possible or would be disproportionate, we will provide an appropriate price reduction or refund, to the extent required by law.

11.7 Any commercial guarantees provided by us, a manufacturer or a supplier do not affect your statutory rights against us.

12. Contamination guarantee (money-back guarantee)
13. In addition to article 11.6 and your statutory rights, we provide you with a supplementary Contamination guarantee. This guarantee is the “money-back guarantee” we refer to on the Website. If a Grow Kit is affected by Contamination, we will replace the Grow Kit or refund the Price to you, at your choice. This guarantee runs for 48 hours after delivery.
14. You may only rely on the Contamination guarantee if (i) the Seal on the Grow Kit is unopened and intact when you report the Contamination, and (ii) the Contamination is visibly present in the sealed substrate. Contamination that only becomes visible during colonisation is covered, provided the Seal is still intact. Once you have opened the Grow Kit, we can no longer determine whether the Contamination is attributable to us; in that case, the Contamination guarantee lapses.
15. To make a claim under the Contamination guarantee, please report the Contamination to us as soon as possible after discovery via contact@mykolab.eu, providing your order number and clear photographs of the unopened, affected Grow Kit.
16. The Contamination guarantee does not apply if the Contamination is the result of incorrect storage, opening or damaging the Seal, delayed use, or failure to follow the storage and usage instructions. This guarantee does not affect your statutory rights under article 11.

13. Storage, shelf life and use

13.1 Our Grow Kits have a limited shelf life. You must start using the Grow Kit no later than the expiry date stated on the packaging and store it until that time in accordance with the instructions provided by us in and on the packaging, or on the Website.

13.2 You must keep the Seal on a Grow Kit unbroken until you start using it. You must not open, ventilate, spray or moisten the Grow Kit, unless the accompanying instructions expressly require you to do so.

13.3 You are personally responsible for complying with the storage and usage instructions. We accept no liability for defects, Contamination or a failure to achieve results resulting from incorrect storage, delayed use, or failure to follow the instructions for a Grow Kit or any other Product.

14. Third parties and Third-party services

14.1 In performing the Agreement, we may engage carefully selected third parties, such as suppliers and delivery services. We remain responsible to you for the proper performance of the Agreement.

14.2 If additional terms and conditions of the relevant third party apply to Third-party services, we will make these available to you on request. Your statutory rights against us remain in full force.

14.3 We are not liable for changes, disruptions or restrictions to Third-party services over which we have no control, such as changes to delivery networks.

15. Force majeure

15.1 In the event of force majeure, we are not obliged to fulfil our obligations towards you. We may suspend our obligations for the duration of the force majeure and will inform you of this as soon as possible.

15.2 By force majeure, we mean, in any event: strikes, staff illness, fire, flooding, extreme weather conditions, an epidemic or pandemic, transport or shipping disruptions, shortages or late delivery of raw materials by suppliers, power cuts and the absence of a license required by the authorities, as well as any other circumstance beyond our control.

15.3 If the force majeure lasts for more than 2 months, both you and we may terminate the Agreement in whole or in part without judicial intervention and without liability for damages. We will refund any amounts you have already paid for Products we have not delivered within 14 days.

16. Liability

16.1 Our liability for damage you suffer as a result of a failure to perform the Agreement is limited to the extent permitted by law.

16.2 We are not liable for any loss or damage resulting from the way in which you store, use or apply the Products after delivery.

16.3 Without prejudice to mandatory provisions of law and except insofar as this limitation would be unreasonably onerous, our liability is limited to direct loss and to the higher of the following amounts: (i) the invoice amount for the relevant order, or (ii) the amount paid out by our liability insurance in the relevant case, plus the excess. We shall not be liable for indirect damage, including consequential damage, loss of profit and lost savings.

16.4 The limitations set out in this article shall not apply in the event of willful misconduct or gross negligence on the part of our management, or in the event of damage resulting from death or personal injury, nor shall they apply to the extent that mandatory provisions preclude them.

17. Complaints and disputes

17.1 You may submit complaints regarding the performance of the Agreement to us via contact@mykolab.eu or at our address. Submitting a complaint is free of charge.

17.2 Our Complaints Procedure sets out what information we need from you, how we handle your complaint and within what periods we respond.

17.3 A complaint does not suspend our obligations, unless we indicate otherwise in writing.

18. Intellectual property

18.1 All intellectual property rights relating to the Products, our Website, manuals, documentation, product information and instructions, and associated materials are vested in us, our suppliers or our licensors. You are granted only those rights of use expressly conferred upon you in the Agreement or by law.

18.2 You may not use or modify our intellectual property rights, including reproducing, duplicating or publishing them, without our prior written consent.

19. Protection of personal data

19.1 We process your personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and other applicable privacy legislation, such as the Dutch implementing legislation (UAVG). How we do this is set out in our privacy statement on the Website.

20. Amendments and other provisions

20.1 Any deviations from these Terms are only valid if we have agreed them with you in writing.

20.2 If any provision in these Terms proves to be void or voidable, the remaining provisions shall remain in force. We shall replace the provision in question with a valid provision that corresponds as closely as possible to the intent of the original provision.

20.3 We may amend these Terms from time to time. The Agreement is always governed by the Terms that we made available to you in accordance with article 3.2 at the time you placed your order.

21. Governing law and competent court

21.1 These Terms and the Agreement are governed exclusively by Dutch law. Mandatory provisions of the law of the country in which you have your habitual residence shall remain fully applicable insofar as they offer a higher level of protection.

21.2 You may bring a dispute before the court of your place of residence or before the competent court in Amsterdam, the Netherlands. We will bring a dispute against you only before the court of your place of residence.

Annex 1: Model withdrawal form

Please complete and return this form only if you wish to withdraw from the Agreement, insofar as the Right of withdrawal applies to your purchase. The Right of withdrawal does not apply to Grow Kits; see article 9.2 of the General Terms.

To Mykolab B.V., Keizersgracht 520 H, 1017 EK Amsterdam, contact@mykolab.eu:

I hereby notify you that I am withdrawing from our Agreement concerning the sale of the following Products:

___________________________________________________________________________

Order number: __________________________________
Ordered on / Received on: __________________________________
Name: __________________________________
Address: __________________________________
Signature (only for paper submissions): __________________________________
Date: __________________________________
Please note: you are responsible for the direct costs of returning the Product.