Our Terms
PLEASE CAREFULLY REVIEW THE TERMS OF THIS POLICY BEFORE USING OUR WEBSITE
1. These Terms
What These Terms Cover
These are the terms and conditions on which we supply products to you.
Why You Should Read Them
Please read these terms carefully before you submit your order. They explain who we are, how we provide products, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think there is a mistake in these terms, please contact us to discuss.
Are You a Business Customer or a Consumer?
Some rights differ depending on whether you are a business or a consumer. You are a consumer if you are an individual buying goods wholly or mainly for personal use and not for your trade, business, craft, or profession. If you are a business customer, these terms are the entire agreement between us about your purchase, and you agree you have not relied on any statement, promise, representation, assurance, or warranty not set out here.
2. Information About Us and How to Contact Us
Who We Are
We are Mylocybe, a partnership registered in Scotland, trading as “Cylocybe”.
How to Contact Us
If you have questions about these terms, please use our contact form: https://cylocybe.co.uk/contact-us.
How We May Contact You
If we need to contact you, we will do so by phone, or in writing to the email or postal address you provided with your order.
“Writing” Includes Emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. Eligibility and Legal Compliance
Age Requirement
You must be at least 18 years old to purchase from Cylocybe.
UK Legal Restrictions
In the UK it is illegal to cultivate, possess, or supply psychedelic mushrooms (mushrooms containing psilocybin), or to use our products to cultivate species containing psilocybin. Psilocybin and psychedelic mushrooms are controlled under the Misuse of Drugs Act 1971.
Legal Compliance
You must check with local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by purchasing or using our products. Our products, including mushroom cultivation kits and items such as mushroom spores, are intended for legal and legitimate purposes only, such as microscopy research or the cultivation of non-psychoactive mushroom species.
By placing an order, you promise that you will not use our products for any illegal activity, including the cultivation of species containing Psilocybin, and that it is lawful for you to purchase and possess our products in the country where you place the order and for the recipient to receive the products in the destination country.
If you breach this promise, we may end our contract with you and charge you reasonable compensation for the net costs we incur. We reserve the right to refuse or cancel any order that we believe may be used for illegal purposes.
4. Our Products
Product Variations
Products may vary slightly from their pictures. Images are illustrative only and colours or appearance can differ by device or screen.
Product Packaging
Packaging may vary from that shown on our website. Whether a product is supplied with specific outer packaging can depend on several factors.
Measurements
Sizes, weights, capacities, dimensions, and measurements have a small tolerance as permitted by law.
Changes to Products
We may change a product to reflect changes in applicable laws and regulatory requirements, or to make minor technical adjustments and improvements. We do not expect these changes to materially affect your use or enjoyment.
Product Prices
Prices can change from time to time.
5. Our Contract With You
How We Will Accept Your Order
When you place an order (online, by email, or by post), we will acknowledge it by email. Our acceptance and the contract are formed when we email to confirm acceptance and confirm dispatch of the product to the address you provided. We do not accept telephone orders.
If We Cannot Accept Your Order
If we cannot accept your order we will inform you in writing and you will not be charged.
Your Order Number
We will assign an order number and include it in our acceptance email. Please quote this whenever you contact us about your order.
Products Available for Pre-Order
For any item shown as available for pre-order, we will try to secure and dispatch it by the expected date, but availability and dates are not guaranteed. We take payment at the time of order and we do not pay interest for the period between payment and acceptance.
Cancellation of Pre-Orders
You may cancel a pre-order any time before we send a dispatch confirmation, and we will refund you in full. If we subsequently discover that we cannot supply a pre-ordered product, we will notify you and refund you in full.
Other Products
For items that are not pre-orders, we confirm acceptance by sending a dispatch confirmation email. If we are unable to supply a product, we will inform you promptly and refund you in full if you have already paid.
6. Your Rights to Make Changes
Changes Before Dispatch
If you wish to make a change before dispatch, please contact us as soon as possible. We will let you know if the change is possible, explain any impact on price or timing, and ask you to confirm before we proceed.
7. Providing the Products
Delivery Costs
Delivery costs are shown on our website and during checkout.
When We Will Provide the Products
We will let you know during the order process when we expect to provide the products.
Delays Outside Our Control
If supply is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimise the effect. We are not liable for delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for products paid for but not received.
Collection by You
If you ask to collect your order, we will arrange a suitable time by email.
If You Are Not at Home
If no one is available at delivery, carriers may leave the parcel in a safe place, with a neighbour, or leave a note with re-delivery instructions, depending on the service used.
If You Do Not Re-arrange Delivery
If you do not re-arrange delivery or collect from a depot after a failed attempt, we may contact you for instructions and charge reasonable storage and further delivery costs.
When You Become Responsible for the Goods
Goods are your responsibility from the time we deliver to the address you gave us, or you (or someone on your behalf) collect them.
When You Own Goods
You own goods once we have received payment in full for the goods and any delivery charges.
Delivery Deadline
If we agreed a delivery deadline and we miss it, you may cancel your order if we have refused delivery, or if you told us before order acceptance that delivery by that date was essential and you notify us without delay.
Setting a New Deadline
If you do not wish to cancel immediately, you may set a reasonable new deadline and cancel if we do not meet it.
8. International Delivery
Delivery Destinations
We offer worldwide delivery. Shipping options for your country appear at checkout after you enter your address. If you have issues, please contact us: https://cylocybe.co.uk/contact-us.
Import Duties and Taxes
International deliveries may be subject to import duties, taxes, and administration charges applied at the destination. We cannot control or predict these charges.
Responsibility for Charges
The recipient is responsible for import duties, taxes, and charges. Please check with local customs before ordering.
Compliance with Laws
You must comply with all applicable laws of the United Kingdom, the country where the order is placed, and the destination country. We are not responsible if you break any such law.
Risk of International Delivery
If you choose a delivery method where risk passes to you on handover to the international carrier, the goods are dispatched and delivered at your risk from that point.
9. Price and Payment
Product Prices
The price is the one shown on the order pages when you place your order. We take reasonable care to ensure prices are correct. If there is a pricing error, we will contact you before acceptance for instructions, or cancel and notify you if we cannot reach you.
Delivery Charges
Product prices do not include delivery. Delivery charges are explained during checkout.
Payment Methods
We accept payment by bank transfer and cash in post. Some methods may not always be available; the options will be shown at checkout.
Set-Off for Business Customers
If you are a business customer, you must pay all amounts due in full without set-off, counterclaim, deduction, or withholding, except any tax required by law.
10. Your Rights to End the Contract: Returns and Refunds
Right to Cancel
If you change your mind, you have a legal right to cancel within 14 days of receiving the goods. To cancel, please contact us using our contact form. Your cancellation is effective on the day you send it.
Exceptions to the Right to Cancel
Your right to cancel does not apply to products made fresh to order, or to products sealed for contamination protection that you unseal after delivery. For safety and quality reasons we do not accept returns of spore products, and we do not refund grow kits.
Cancellation Period
For a single delivery, the period ends 14 days after the day you receive the goods. If items in one order are delivered on different days, the period ends 14 days after you receive the last item.
How to Cancel
Use our contact form at https://cylocybe.co.uk/contact-us. Include your name and order details. We will acknowledge your cancellation.
Refunds for Change of Mind
If you cancel because you changed your mind and the item is eligible for cancellation, we will refund the product price and delivery costs by the least expensive delivery method we offer. You must return the goods within 14 calendar days of telling us. You are responsible for return postage. We may reduce your refund to reflect any loss in value caused by handling beyond what is necessary to check the nature, characteristics, and functioning of the goods.
Faulty or Misdescribed Goods
If a product is faulty, misdescribed, or the wrong item, you have a legal right to reject it. Tell us within 72 hours of delivery via our contact form. We will refund the price you paid, the delivery charges, and reasonable return costs, or we may repair or replace as appropriate.
Product-Specific Return Limits
Spore products are sold for microscopy and genetic preservation only. We do not accept returns of spore products and we do not offer refunds on them. For Psilocybe cubensis spore products, you may request a replacement at our discretion within 6 weeks (42 days) of dispatch if you believe the product does not meet our authenticity and viability standard. Many other spore species are wild sourced and can contain natural hitchhikers; for these items we offer no replacements, no refunds, and no returns. Liquid culture syringes are for gourmet cultivation and are handled by replacement only within 3 weeks (21 days) of dispatch at our discretion. Grow kits are perishable and once used are non-replaceable and non-refundable; we do not offer refunds on grow kits.
Cost of Returning Products
For change-of-mind cancellations, you cover the cost of return postage. In other cases the customer generally pays any shipping costs unless we confirm otherwise in writing. If an item arrives damaged or is not as ordered as described above, we will confirm whether a prepaid label will be provided or whether reasonable return costs will be reimbursed.
Timing and Method of Refunds
Refunds or replacements are processed after we receive and inspect any returned goods using the method confirmed with you. Refunds are made using the same payment method you used to pay.
Legal Advice
Free legal advice about your rights is available in the United Kingdom from Citizens Advice at adviceguide.org.uk.
International Returns
If you are returning a product from outside the United Kingdom, you are responsible for any customs duties and tariffs applicable to the return unless we agree otherwise in writing.
11. If There Is a Problem With the Product
How to Tell Us About Problems
If you have questions or complaints, please contact us at https://cylocybe.co.uk/contact-us.
Your Rights if You Are a Business
If you are a business customer, we warrant that on delivery and for one month thereafter, goods will conform in all material respects with their description and any relevant specification, be free from material defects in design, material, and workmanship, be of satisfactory quality, and be fit for any purpose we state.
If you notify us within a reasonable time, allow us a reasonable opportunity to examine the goods, and return them at our cost when asked, we will at our option repair or replace the defective goods or refund their price. We are not liable where you use goods after notice of a defect, do not follow our instructions, alter or repair without our written consent, or where the issue results from fair wear and tear, wilful damage, negligence, or abnormal storage.
Limitation of Liability (Business)
Nothing limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of title guarantees, defective products under the Consumer Protection Act 1987, or anything unlawful to exclude. Except as stated, all implied terms are excluded. We are not liable for loss of profit or any indirect or consequential loss. Our total liability is limited to the greater of £100 and 100% of the net amount you paid for the products.
12. Our Responsibility to Consumers
Foreseeable Loss and Damage
We are responsible for foreseeable loss and damage caused by us. Loss or damage is foreseeable if it is obvious or, at the time of contracting, both parties knew it might happen. We are not responsible for loss or damage that is not foreseeable.
Product Warnings
Some products carry warnings about use and who should use them. We are not responsible for loss or damage resulting from ignoring warnings that are reasonably apparent on examination.
Unlawful Exclusions
We do not exclude or limit liability where it would be unlawful to do so, including for death or personal injury caused by negligence, fraud, breach of your legal rights, or defective products under the Consumer Protection Act 1987.
Business Losses
If you are a consumer, you agree not to use the products for commercial, business, or resale purposes. We are not liable for business losses.
Required Information
If we need information from you to deliver a product and you do not provide it in a reasonable time, we may cancel the contract and deduct our reasonable costs.
13. How We May Use Your Personal Information
Use of Personal Information
We will only use your personal information as set out in our Privacy Policy.
14. Other Important Terms
Transfer of Agreement
We may transfer our rights and obligations under these terms to another organisation.
Your Consent to Transfer
You may only transfer your rights or obligations under these terms to another person if we agree in writing.
No Third-Party Rights
This contract is between you and us. No other person has rights to enforce its terms.
Severability
Each paragraph operates separately. If any paragraph is found unlawful, the rest remain in full force.
Delay in Enforcement
A delay in enforcing any term does not prevent us enforcing it later.
Governing Law for Consumers
These terms are governed by Scots law. If you live in England and Wales, you may bring proceedings in Scotland or England. If you live in Northern Ireland, you may bring proceedings in Northern Ireland or England.
Governing Law for Businesses
If you are a business, these terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.
15. Terms for Non-EU Customers Only
Applicability
This section applies only if you are located outside the European Union.
General Terms
Except as set out here, the legal terms on this page apply to non-EU customers too.
Refunds and Costs
If a non-EU customer cancels an eligible contract, refunds follow the rules above for consumers. We cannot refund postage or packaging costs, or any import duties, taxes, or administration fees incurred for delivery or return. If we later discover the product was not returned or was damaged, you must pay us an appropriate amount. Refunds are made using the original payment method.
Faulty or Misdescribed Products
If a non-EU customer receives a faulty or misdescribed product, or the wrong product, we will refund the full price, the delivery charges paid, and reasonable return costs, or we may repair or replace as appropriate.
Last updated on 7th January, 2025