General Terms and Conditions (AGB)

Psychonaut Michael Korn
Tax number: ESX6921001
E-mail: info@funghi.es
Calle Malgrats 17, 07160 Paguera, Spain
Website: www.psychonaut.es

Introduction

These General Terms and Conditions (GTC) govern all business relationships between Funghi Farm Michael Korn (hereinafter referred to as “the entrepreneur”) and customers (hereinafter referred to as “consumer” or “customer”) that are transacted via the website www.funghi.es. By using this website or by ordering products, you agree to the terms and conditions set out below.

Contents

  1. Article 1 – Definitions
  2. Article 2 – Identity of the entrepreneur
  3. Article 3 – Applicability
  4. Article 4 – The offer
  5. Article 5 – Conclusion of the contract
  6. Article 6 – Right of withdrawal
  7. Article 7 – Obligations of the consumer during the cooling-off period
  8. Article 8 – Exercise of the right of withdrawal and costs
  9. Article 9 – Obligations of the trader in the event of withdrawal
  10. Article 10 – Exclusion of the right of withdrawal
  11. Article 11 – The price
  12. Article 12 – Compliance and additional guarantee
  13. Article 13 – Delivery and execution
  14. Article 14 – Permanent transactions: Termination and renewal
  15. Article 15 – Payment
  16. Article 16 – Retention of title
  17. Article 17 – Settlement of complaints
  18. Article 18 – Liability
  19. Article 19 – Disputes and applicable law
  20. Article 20 – Data protection and security
  21. Article 21 – Use of the website
  22. Article 22 – Age restriction and intended use of the products
  23. Article 23 – Refunds and returns policy
  24. Article 24 – Final provisions

Article 1 – Definitions

  • Cooling-off period: The period within which the consumer can exercise his right of withdrawal.
  • Consumer: Any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
  • Entrepreneur: Funghi Farm Michael Korn, Calle Malgrats 17, 07160 Paguera, Spain.
  • Distance contract: a contract in which the trader and the consumer exclusively use means of distance communication.
  • Right of withdrawal: The consumer’s right to withdraw from the distance contract within the cooling-off period.
  • Digital content: Data that is produced and provided in digital form.

Article 2 – Identity of the entrepreneur

Psychonaut Michael Korn
Calle Malgrats 17
07160 Paguera, Spain
Tax number: ESX6921001
Phone: +34 622 737 939
Email: info@Psychonaut.es
Website: www.Psychonaut.es

Article 3 – Applicability

  1. These GTC apply to all offers made by the entrepreneur and to all contracts concluded between the entrepreneur and the consumer.
  2. By using this website or placing an order, the consumer agrees to the GTC.
  3. The entrepreneur reserves the right to amend the GTC at any time. The changes come into force as soon as they have been published on the website.
  4. Deviating conditions of the consumer are only recognized if the entrepreneur has agreed to their validity in writing.

Article 4 – The offer

  1. The offer contains a complete and detailed description of the products, digital content and services offered.
  2. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  3. All offers are subject to change and non-binding. The entrepreneur reserves the right to change or withdraw the offer at any time.
  4. All prices are inclusive of VAT, unless expressly stated otherwise.
  5. The offer contains clear information on any additional costs, such as shipping costs or taxes.

Article 5 – Conclusion of the contract

  1. The contract is concluded when the consumer accepts the trader’s offer by sending an order via the website and the trader accepts this order by sending an order confirmation.
  2. The consumer can place the products in the shopping cart before ordering and change the order at any time.
  3. As soon as the consumer completes the order, they will receive a confirmation email confirming receipt of the order. This does not constitute acceptance of the purchase offer.
  4. The contract is only accepted by a separate confirmation e-mail in which the acceptance of the offer or the dispatch of the goods is confirmed.
  5. The entrepreneur reserves the right to refuse orders at his own discretion, in particular if fraudulent actions or incorrect information are suspected.

Article 6 – Right of withdrawal

  1. The consumer has the right to withdraw from the contract within 14 days without giving reasons.
  2. The withdrawal period begins on the day on which the consumer or a third party receives the goods. In the case of partial deliveries, the period begins after receipt of the last delivery.
  3. In order to exercise the right of withdrawal, the consumer must inform the trader of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, e-mail).
  4. The consumer may use the model withdrawal form, but this is not obligatory.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer may only inspect the goods to the extent necessary to determine the nature, characteristics and functioning of the goods.
  2. The consumer is only liable for a loss in value of the goods if this is due to handling of the goods that goes beyond what is necessary.

Article 8 – Exercise of the right of withdrawal and associated costs

  1. To exercise the right of withdrawal, the consumer must send a clear statement to the trader within the cooling-off period.
  2. The consumer must return the goods to the trader no later than 14 days after the revocation.
  3. The consumer shall bear the direct costs of returning the goods, unless the entrepreneur has assumed these costs.
  4. The consumer shall not bear any costs for the return of digital content that was not delivered on a physical data carrier.

Article 9 – Obligations of the trader in the event of withdrawal

  1. The trader shall refund all payments made by the consumer, including shipping costs (with the exception of additional costs), no later than 14 days after receipt of the withdrawal.
  2. The trader shall use the same means of payment for the repayment as the consumer used for the original transaction, unless expressly agreed otherwise.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal in the following cases, provided that the trader has informed the consumer of this in good time:

  1. Delivery of goods that have been manufactured according to customer specifications or are clearly tailored to personal requirements.
  2. Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
  3. Delivery of goods which, due to their nature, have been inseparably mixed with other goods.

Article 11 – The price

  1. The prices stated in the offers are inclusive of VAT.
  2. In addition to the product prices, shipping costs, customs duties, taxes or import fees may apply, depending on the consumer’s country.
  3. Price increases that take place within 3 months of the conclusion of the contract are not permitted unless they are the result of statutory regulations.
  4. The entrepreneur reserves the right to adjust the price if the value added tax changes.

Article 12 – Compliance with the contract and additional guarantee

  1. The entrepreneur guarantees that the goods and services comply with the contractual agreements.
  2. Any additional guarantees do not affect the consumer’s statutory rights.

Article 13 – Delivery and execution

  1. The entrepreneur shall deliver the goods immediately, but no later than 30 days after conclusion of the contract, unless a different delivery time has been agreed.
  2. The risk of damage or loss of the goods is transferred to the consumer upon delivery.
  3. Deliveries are made worldwide, provided there are no other restrictions.

Article 14 – Permanent transactions: Termination and renewal

  1. The consumer can terminate open-ended contracts at any time with a notice period of one month.
  2. The employer may not tacitly extend fixed-term contracts unless the extension is for a maximum of three months.

Article 15 – Payment

  1. The available payment methods are displayed during the ordering process. The consumer can pay by credit card, PayPal, bank transfer or other methods offered.
  2. The consumer is obliged to pay the amounts due within the specified period.
  3. If the consumer defaults on payment, the entrepreneur is entitled to charge interest on arrears and any reminder costs.

Article 16 – Retention of title

The goods remain the property of the entrepreneur until full payment has been made.

Article 17 – Settlement of complaints

  1. Complaints should be sent to the contact address of the entrepreneur given above.
  2. The entrepreneur will process incoming complaints within 14 days and offer a solution.

Article 18 – Liability

  1. The entrepreneur shall only be liable for intent and gross negligence.
  2. Liability for slight negligence is limited to foreseeable damages typical for the contract.

Article 19 – Disputes and applicable law

  1. Spanish law applies to all contracts to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. Consumers can assert their claims before the competent court at their place of residence.

Article 20 – Data protection and security

  1. The entrepreneur undertakes to treat the consumer’s personal data confidentially and to use it only in accordance with the statutory provisions.
  2. Further information can be found in our privacy policy on the website.

Article 21 – Use of the website

  1. The contents of the website are protected by copyright. The consumer may only use the content for personal purposes.
  2. The entrepreneur is not liable for any damages arising from the use of the website.

Article 22 – Age restriction and intended use of the products

  1. Age restriction:
    The purchase of our products is only permitted to persons of legal age who have reached the age of 18. By placing an order on our website, you confirm that you are at least 18 years old. We reserve the right to request proof of age before an order is processed or shipped.
  2. Intended use:
    Our products are offered exclusively for research, collecting or decorative purposes. The purchase and use of our products is subject to the condition that they are not intended for human or animal consumption. Any misuse, in particular consumption, is strictly prohibited.
  3. Disclaimer:
    Funghi Farm Michael Korn assumes no liability for damages or health impairments resulting from improper use or consumption. The buyer is responsible for the proper and legal handling of the purchased products.

Article 23 – Refunds and returns policy

  1. Returns:
    The consumer has the right to return the goods within 14 days of receipt without giving any reason. The goods must be returned in their original condition and in their original packaging. The consumer is responsible for ensuring that the goods are returned properly packaged and protected.
  2. Refunds:
    After receipt and inspection of the return shipment, the entrepreneur will refund the full purchase price, including the original shipping costs, within 14 days. Any additional shipping costs (e.g. express shipping) will not be refunded.
  3. Exceptions to returns:
    The following products are excluded from returns:
    • Sealed goods that cannot be returned for reasons of health protection or hygiene if their seal has been removed.
    • Goods that have been manufactured according to customer specifications or clearly tailored to personal requirements.

Article 24 – Final provisions

  1. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
  2. The entrepreneur reserves the right to amend these GTC at any time. The currently valid version will be published on the website.

Appendix I: Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form).

To:
Psychonaut Michael Korn
Calle Malgrats 17, 07160 Paguera, Spain
E-mail: info@Psychonautes

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:

  • Ordered on:
  • Received on:
  • Name of the consumer(s):
  • Address of the consumer(s):
  • Signature of the consumer(s) (only for notification on paper):
  • Date:

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