Our Terms

1. These Terms

1.1 What These Terms Cover

These are the terms and conditions on which we supply products to you.

1.2 Why You Should Read Them

Please read these terms carefully before you submit your order to us. These terms tell you:

• Who we are
• How we will provide products to you
• How you and we may change or end the contract
• What to do if there is a problem
• Other important information

If you think there is a mistake in these terms, please contact us to discuss.

1.3 Are You a Business Customer or a Consumer?

In some areas, you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

• You are an individual.
• You are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft, or profession).

If you are a business customer, this is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by or on behalf of us which is not set out in these terms.

2. Information About Us and How to Contact Us

2.1 Who We Are

We are Mylocybe, a partnership registered in Scotland, trading as “Cylocybe”.

2.2 How to Contact Us

If you have any questions about this privacy policy, please use our contact form at https://cylocybe.co.uk/contact-us

2.3 How We May Contact You

If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided in your order.

2.4 “Writing” Includes Emails

When we use the words “writing” or “written” in these terms, this includes emails.

3. Age Restrictions

3.1 UK Legal Restrictions

In the UK, it is illegal to:

• Cultivate, possess, or supply psychedelic mushrooms (mushrooms containing Psilocybin).
• Use our products to cultivate species containing Psilocybin.

Psychedelic mushrooms and Psilocybin are classified as Class A drugs under the Misuse of Drugs Act 1971. This means that any activity involving the cultivation, possession, or distribution of these substances is a criminal offense.

3.2 Purchase Eligibility

You may only purchase our products if you:

• Are at least 18 years old.
• Are not using the product for any illegal purpose, including the cultivation of species containing Psilocybin.
• Are aware of and comply with all applicable laws and regulations in the country where you place the order and the destination country.

3.3 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 to us that:

• You will not use our products for any illegal activity, including the cultivation of species containing Psilocybin.
• 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 will end our contract with you and charge you reasonable compensation for the net costs which we incur. We reserve the right to refuse or cancel any order that we believe may be used for illegal purposes.

4. Our Products

4.1 Product Variations

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display will accurately reflect the appearance of the product. Your product may vary slightly from those images.

4.2 Product Packaging

The packaging of the product may vary from that shown in images on our website. Whether a product will be delivered complete with a box or any other product-specific outer packaging will depend upon a number of factors.

4.3 Measurements

All sizes, weights, capacities, dimensions, and measurements indicated on our website have a small tolerance. The size of this tolerance is set by reference to applicable legislation.

4.4 Changes to Products

We may change a product from time to time to reflect changes in applicable laws and regulatory requirements or to implement minor technical adjustments and improvements. We do not anticipate that these changes will materially affect your use or enjoyment of the product.

4.5 Product Prices

Prices indicated for our products can and will change from time to time.

5. Our Contract With You

5.1 How We Will Accept Your Order

When you place an order with us by email or post, we will send you an email to acknowledge the order. Our acceptance of your order will take place when we email you to accept it and confirm that the relevant product has been dispatched to the address provided by you, at which point a contract will come into existence between you and us. We do not accept telephone orders of any sort.

5.2 If We Cannot Accept Your Order

If we are unable to accept your order for any reason, we will inform you of this in writing and will not charge you for the product.

5.3 Your Order Number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

5.4 Products Available for “Pre-Order”

If you order a product which we intimate as being available for “pre-order” or any similar expression or concept, we will seek to secure that product and dispatch it to you on or before any indicated expected date of dispatch. The actual availability of any such product and/or its date of dispatch is not guaranteed.

5.5 Payment for “Pre-Order Products”

We will take payment for the product as soon as you place an order, but we will not pay you any interest in respect of the period between the date on which you place an order and the date on which we confirm our acceptance of your order.

5.6 Cancellation of “Pre-Order Products”

If you order a product which is highlighted as being available for “pre-order” or any similar expression or concept:

• You may cancel that order at any time before you receive a Dispatch Confirmation. If you choose to cancel your order, we will refund you the full amount (including any delivery costs charged) promptly.
• If we subsequently discover that we are unable to supply you with that product for any reason, we will not send you a Dispatch Confirmation but will advise you of its non-availability and refund the amount paid by you promptly.

5.7 Other Products

If you order a product which is not highlighted as being available for “pre-order” or any similar expression or concept, we will confirm our acceptance of your order by sending you an email that confirms that the products which you have ordered have been dispatched (Dispatch Confirmation). The contract between us will only be formed when we email you the Dispatch Confirmation.

5.8 If We Are Unable to Supply You

If we are unable to supply you with a product for any reason, we will not send you a Dispatch Confirmation but will inform you promptly and will not process your order. If you have already paid for the product which you have ordered, we will refund you the full amount (including any delivery costs charged) promptly.

6. Your Rights to Make Changes

6.1 Changes Before Dispatch Confirmation

If you wish to make a change to the product you have ordered before a Dispatch Confirmation is issued, please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7. Providing the Products

7.1 Delivery Costs

The costs of delivery will be as displayed to you on our website and during the check-out process.

7.2 When We Will Provide the Products

During the order process, we will let you know when we will provide the products to you. If the products are ongoing subscriptions, we will also tell you during the order process when and how you can end the contract.

7.3 Delays Outside Our Control

If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 Collection by You

If you have asked to collect the products from our unit, we will arrange a suitable time with you by email.

7.5 If You Are Not at Home When the Product Is Delivered

If no one is available at your address to take delivery and you give us no other instructions at the time of placing your order, our carriers will usually:

• Leave your parcel in a safe place.
• Leave your parcel with a neighbour.
• Leave you a note informing you that they have attempted to deliver the product (if this happens, please contact the carrier and re-arrange delivery).

7.6 If You Do Not Re-arrange Delivery

If you do not collect the product(s) from us as arranged or if, after a failed delivery, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs.

7.7 When You Become Responsible for the Goods

A product which is goods will be your responsibility from the time we deliver the product to the address in the UK you gave us or you (or someone on your behalf) collect it from us.

7.8 When You Own Goods

You own a product which is goods once we have received payment in full for the product and all applicable delivery charges.

7.9 Delivery Deadline

If we agree on a delivery deadline with you in respect of any product and we miss that deadline, you may cancel your order if either of the following applies:

• We have refused to deliver the product.
• You told us before we accepted your order that delivery within the delivery deadline was essential, and your cancellation of the order must be communicated to us without delay.

7.10 New Delivery Deadline

If you do not wish to cancel your order immediately, or do not have the right to do so under paragraph 9, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

8. International Delivery

8.1 Delivery Destinations

We offer worldwide delivery. The available shipping options for your country will be available to you at checkout after you enter your address details. If you experience any issues with this, please use our contact form at https://cylocybe.co.uk/contact-us

8.2 Import Duties and Taxes

If you order a product for delivery to an international delivery destination (outside of the United Kingdom), your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. There may also be administration charges imposed by foreign customs authorities or by our delivery agents. Please note that we have no control over these charges and we cannot predict their amount.

8.3 Responsibility for Charges

The recipient will be responsible for payment of the import duties, taxes, and charges referred to above. Please contact the customs office in the destination country for further information before placing your order.

8.4 Compliance with Laws

You must comply with all applicable laws and regulations of the United Kingdom, of the country from which the order is placed, and of the country for which the product is destined. We will not be liable or responsible if you break any such law.

8.5 Risk of International Delivery

If you elect to have the goods sent to you by general mail delivery or by any other courier or delivery provider, the goods will be your responsibility from the time we place them into the hands of the international delivery agent, and in such an event, the goods are dispatched and delivered to you entirely at your risk.

9. Price and Payment

9.1 Product Prices

The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see paragraph 3 for what happens if we discover an error in the price of the product you order.

9.2 Delivery Charges

The price of a product does not include delivery charges. Delivery charges are explained during the check-out process.

9.3 Incorrect Pricing

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we are unable to contact you using the contact details you have provided during the ordering process, we will treat the order as cancelled and notify you in writing.

9.4 Payment Methods

We accept payment by bank transfer and cash in post. Occasionally some payment methods may not be available; you will find available payment methods listed at checkout.

9.5 Set-Off for Business Customers

If you are a business customer, you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).

10. Your Rights to End the Contract – Return and Refund

10.1 Right to Cancel

You have a legal right to cancel any contract with us during the period set out in paragraph 3 below. This means that if, during the relevant period, you change your mind, you can cancel the contract and receive a refund.

10.2 Exceptions to Right to Cancel

Be aware that your right to cancel a contract if you change your mind does not apply in the case of a product which is made fresh-to-order or sealed for contamination protection purposes which you unseal after you receive it.

10.3 Cancellation Period

Your legal right to cancel a contract starts from the date of the Dispatch Confirmation (the date on which we contact you to confirm your acceptance of your order), which is when the contract between us is formed. Your deadline for cancelling the contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract	End of the Cancellation Period
Your contract is for a single product or for multiple products which are dispatched in a single box	The end date is the end of 14 days after the day on which you receive the product(s). For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the product(s) on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
Your contract is for multiple products which are delivered on separate days	The end date is 14 days after the day on which you receive the last product. For example: if we provide you with a Dispatch Confirmation on 1 January and you receive the last product on 15 January, you may cancel in respect of any (or all) of the products at any time between 1 January and the end of the day on 29 January.

10.4 How to Cancel

You can let us know that you have decided to cancel a contract by using our contact form at https://cylocybe.co.uk/contact-us

• Please include your name and details of your order to help us identify it.
• We will contact you to confirm we have received your cancellation.
• Your cancellation will be effective from the date you send us notice of cancellation.

10.5 Refunds

Except as set out below, if you cancel your contract because you have changed your mind, we will:

• Refund you the price you paid for the product.
• Refund any postage and packaging costs which you paid in connection with the delivery of the product to you. (Note: We are permitted by law to refund only the costs of delivery by the least expensive method we offer.)
• Make any refunds due to you as soon as you notify us of your cancellation.

10.6 Conditions for Refunds

However, please note that:

• Any refund will be made on the condition that you return the product to us and that we receive it.
• If the product is received by us:
  • We will reduce (potentially to £zero) the refund for the product’s cost (excluding postage and packaging) to reflect any reduction in its value caused by your handling (for example, if you unseal a product sealed for contamination protection purposes).
  • We will reduce (potentially to £zero) the refund for the product’s cost (excluding postage and packaging) to reflect any reduction in its value resulting from damage during return.

10.7 Deductions for Non-Return or Damage

If we refund you and later discover that you have not returned the product or that it has been damaged or handled unacceptably, you must pay us an appropriate amount. We will calculate this amount reasonably and deduct it from your bank account (potentially in more than one payment).

10.8 Cost of Returning Products

You will be responsible for the cost of returning the product to us. If we have offered to collect the product from you and you accepted, we will charge you our direct collection cost.

10.9 Faulty or Misdescribed Products

If a product is faulty, misdescribed, or if we delivered the wrong product, you have a legal right to reject it. To reject a product, notify us using our contact form at https://cylocybe.co.uk/contact-us. Our Dispatch Confirmation will include a link to the cancellation form. We will refund the product’s full price and the delivery charges you paid (plus any reasonable costs incurred in returning the product).

10.10 Returns and Refunds Generally

We will refund you using the same method you used to pay. You must return the product without undue delay and no later than 14 days after delivery.

10.11 Statutory Rights

Remember that you do not have the right to cancel a contract in certain circumstances, and your refund may be reduced as described in paragraph 10.5. As a consumer, you have legal rights regarding faulty or misdescribed products that are unaffected by your right of return and refund.

10.12 Legal Advice

Legal advice about your rights is available in the United Kingdom from the Citizens Advice website: adviceguide.org.uk.

10.13 International Returns

If you are returning a product from a jurisdiction other than the United Kingdom, you will be solely responsible for any customs duties and tariffs applicable to the return.

11. If There Is a Problem With the Product

11.1 How to Tell Us About Problems

If you have any questions or complaints about the product, please contact us using our contact form at https://cylocybe.co.uk/contact-us

11.2 Your Rights in Respect of Defective Products if You Are a Business

If you are a business customer, we warrant that on delivery and for one month thereafter (the warranty period), any products which are goods shall:

• 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 (within the meaning of the Sale of Goods Act 1979).
• Be fit for any purpose held out by us.

11.3 Remedies for Defective Products

Subject to paragraph 3, if:

• You give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty.
• We are given a reasonable opportunity to examine the product.
• You return the product to us at our cost.

We shall, at our option, repair or replace the defective product or refund its full price.

11.4 Exceptions to Warranty

We will not be liable for a product’s failure to comply with the warranty if:

• You consume or use the product after notifying us of a defect.
• The defect arises because you did not follow our instructions regarding storage, consumption, or use.
• You alter or repair the product without our written consent.
• The defect results from fair wear and tear, wilful damage, negligence, or abnormal storage conditions.

11.5 Limitation of Liability

Except as provided in paragraph 12, we shall have no liability to you in respect of a product’s failure to comply with the warranty. These terms shall also apply to any repaired or replacement products supplied by us under paragraph 11.3.

12. Our Responsibility for Loss or Damage Suffered by You if You Are a Consumer

12.1 Foreseeable Loss and Damage

We are responsible to you for foreseeable loss and damage caused by us. If we breach these terms or any law-implied terms, we are liable for loss or damage that is a foreseeable result of our actions, but not for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious or if, at the time of contracting, both parties knew it might happen (for example, as discussed during the sales process).

12.2 Product Warnings

Some products contain warnings regarding their use and who should use them. We are not responsible for loss or damage resulting from you ignoring such warnings that are reasonably apparent upon examination of the product.

12.3 Unlawful Exclusion of Liability

We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud, breach of your legal rights, or defective products under the Consumer Protection Act 1987.

12.4 Business Losses

If you are a consumer, we supply products for domestic and private use only. You agree not to use the product for commercial, business, or resale purposes, and we have no liability for any loss of profit, business, or opportunity. If you use the products commercially, our liability to you will be limited as set out in paragraph 14.

12.5 Required Information

If we require certain information from you in order to deliver a product (for example, detailed address or personalized label information), we will request it. Failure to provide accurate and complete information within a reasonable time may result in cancellation of the contract and a deduction from your payment to cover our costs.

13. Our Responsibility for Loss or Damage Suffered by You if You Are a Business

13.1 Exclusions of Liability

Nothing in these terms limits or excludes our liability for:

• Death or personal injury caused by our negligence or that of our employees, agents, or subcontractors.
• Fraud or fraudulent misrepresentation.
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
• Defective products under the Consumer Protection Act 1987.
• Any matter in respect of which it would be unlawful to exclude or restrict liability.

13.2 Limitation of Liability

Except as expressly stated in paragraph 1, all terms implied by relevant sections of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded. Subject to paragraph 13.1:

• We shall not be liable to you, whether in contract, tort (including negligence), or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with any contract between us.
• Our total liability to you for all other losses arising under or in connection with any contract between us shall be limited to the greater of £100 and 100% of the total amount (net of VAT and other applicable taxes) you paid for the products.

14. How We May Use Your Personal Information

14.1 Use of Personal Information

We will only use your personal information as set out in our Privacy Policy.

15. Other Important Terms

15.1 Transfer of Agreement

We may transfer our rights and obligations under these terms to another organisation.

15.2 Your Consent to Transfer

You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.

15.3 No Third-Party Rights

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 Severability

Each paragraph of these terms operates separately. If any court finds any paragraph unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Delay in Enforcement

A delay in enforcing any term shall not prevent us from enforcing it later. For example, if you miss a payment and we do not pursue it immediately, we may still require payment at a later date.

15.6 Governing Law for Consumers

These terms are governed by Scots law. If you live in England and Wales, you may bring proceedings in the Scottish or English courts. If you live in Northern Ireland, you may bring proceedings in either the Northern Irish or the English courts.

15.7 Governing Law for Businesses

If you are a business, any dispute arising out of or in connection with these terms shall be governed by the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

16. Terms for Non-EU Customers Only

16.1 Applicability

This paragraph applies only if you are located outside of the European Union.

16.2 General Terms

Except as set out below, the legal terms of business in these Terms apply to non-EU customers.

16.3 Refunds for Non-EU Customers

Subject to paragraph 6, if a non-EU customer cancels their contract, we will refund the price paid for the product, reduced to reflect:

• Any reduction in the product’s value caused by the customer handling it in a way that makes it unfit for resale (for example, if a made fresh-to-order product is unsealed).
• Any reduction in the product’s value resulting from damage during its return.

16.4 Deductions for Non-Return or Damage

If we refund a non-EU customer and later find the product was not returned or was damaged, the customer must pay us an appropriate amount. We will calculate this amount reasonably and deduct it from the customer’s bank account in one or more payments.

16.5 Non-Refundable Costs

We cannot refund:

• Any postage or packaging costs paid for delivery or return.
• Any import duties, taxes, or administration fees incurred in connection with delivery or return.

16.6 Refund Method

Refunds to non-EU customers will be made promptly using the same payment method used for the purchase.

16.7 Faulty or Misdescribed Products

If a non-EU customer returns a faulty or misdescribed product (or if we delivered the wrong product), we will refund the full product price, the delivery charges paid, and any reasonable return costs incurred.