The assumption is made that if you continue to browse, use this website, and place any orders of our products you are agreeing with and will comply with our terms and conditions of use.

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You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

Before confirming your order please read through these terms and conditions and in particular cancellation, returns and delivery policies.

 

USE OF THIS WEBSITE

 

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

This website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

 

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

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General
 

We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

 

The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email: hello@ohmyshrooms.com

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We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.

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We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.

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Indemnity

You agree to indemnify and hold us harmless from and against any and all claims, losses, demands, causes of action and judgments (including solicitors’ or attorneys’ fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

Your Agreements

You agree that:

It is your responsibility to provide accurate personal information (“Personal Data”) and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site.

It is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy.

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It is your responsibility to maintain the confidentiality and security of your Personal Data. You will not allow others to use your account and you will notify us immediately of any unauthorised use of your account. We shall not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify and hold us harmless, for any improper, unauthorised, or illegal uses of the same.

 

It is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm, or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).

 

You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

Our Right To Vary These Terms & Conditions

We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
 

Returns Policy

 

We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the flavour or quantity is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please provide photographic evidence immediately to hello@ohmyshrooms.com.

 

If a Product is not as on the Order Confirmation or damaged we will credit or refund your purchase. In the case of damaged goods, you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms and Conditions we will refund the price you paid for the damaged Products together with the delivery charge, or credit you with a replacement of the same product and delivery value of prior order.

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We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

 

Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.

 

We have made every effort to display as accurately as possible the products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.

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We may change the shape of our products, never the weight, in order to fit them into the packaging boxes. Therefore the actual products received by you may not visually match those on our website. Accordingly, we cannot accept the return of any product because it does not match the shape on our website.

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The provisions of this clause do not affect your statutory rights.

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Delivery & Collection

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The Products ordered by you can only be posted or delivered to the delivery address provided by you to us, or collected from the address we provide to you within a given timeframe which we will notify to you via email.

When a collection of your order has been arranged we will wait for you a maximum of 15 minutes, after the time agreed at the meeting point, to collect your order.

 

If for any reason you find yourself unable to collect your order at the given time and location, we will be within our right to do as we see fit with the products purchased and will not be able to refund you. We will be under no obligation to agree to a second collection attempt. If we do, we will contact you within 24 hours with the options available for you to get your order. These may incur an additional charge and we cannot guarantee the freshness of the product.

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For hand deliveries, we will email you an estimated delivery time the day before it's due. Someone must be at the address provided by you to receive the order. If you would like us to leave your order in a safe place, instructions must be provided when placing your order or via email at least 1 hour before your estimated delivery time.

 

If for any reason you find yourself unable to receive your order or we are unable to leave it in the safe place as instructed, we will be within our right to do as we see fit with the products purchased and will not be able to refund you. We will contact you within 24 hours with the options available to get your order to you. These may incur an additional charge and we cannot guarantee the freshness of the product.

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We will provide photographic evidence of orders left at a safe place and cannot accept any liability for them going missing after the time we have left them. 

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Delivery delays may occur due to circumstances beyond our control, we will do our best to notify you of any delays by email or phone. If due to delivery delays on our side we are unable to hand over your order to you we will be in touch to arrange the best way to get it to you. If we are still unable to get your order to you a refund to the credit/debit card used to make the order will be issued.

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Our postal service is via Royal Mail 1st class. For orders over 1kg we use DHL. If you would like to upgrade your postal service you must notify us via email at hello@ohmyshrooms.com straight after placing your order. Any difference in the postal charge must be paid by you via bank transfer to the account details we send to you. Your order will not be sent out until payment has been received into our account. 

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Please consider that the package may not fit through you letter or parcel box and therefore you may be left a red card from Royal Mail. Orders for more than one box will not fit through your letterbox.

Due to the storage by them, we will not be able to guarantee freshness or quality and the product is likely to deteriorate.

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Order deadlines and dispatch days are regularly updated and can be found on our check out page. Dispatch days may change due to circumstances beyond our control, if a delay is anticipated you will be notified by email.

 

You must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.

 

We shall not be liable for any delay in delivering the Goods, however caused.

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Due to COVID-19 there may be some delays with your items and some parcels may take over 7 days to arrive. We’re unable to guarantee your items will arrive by a specific date. When ordering during this time, you are accepting the chance your order might be delayed. It is out of our control once your orders have been posted.

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Price & Payments

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The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a confirmation email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect pricing.

 

Our priced for products under the UK Wide Shipping section include delivery costs. For products that mention collection in their title delivery is not included and must be collected from the London address we provide you with.

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Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email.

 

Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an order confirmation email upon receipt of payment.

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All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

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Products

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The Products ordered are fresh on the day they are posted to you or the day of collection. Products must be stored according to the guidelines found under the product pages on our website. Storing differently or keeping for a time longer than indicated are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.

 

Products which were due to be collected by you from us and which you failed to collect on the appointed day, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly, we cannot guarantee the same freshness or quality and will not be liable for any deterioration of the Products in these circumstances.

 

We cannot accept any responsibility for the deterioration of the Products in these circumstances. We cannot accept responsibility for damage caused by you or by a courier/agent engaged by you to collect Products from us if they are damaged during transit to your home provided that you or your courier/agent has signed our “delivery receipt” confirming that the goods were in good condition and undamaged at the point of collection.

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Under no circumstances shall we be liable to you in respect of any complaint concerning any aspect of any Product which is not raised by you within 24 hours of delivery by us or collection by you or your courier/agent.

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We will notify you of any Product containing nuts on our products web page. However, since our premises does handle nuts we cannot guarantee that traces of the above will not be found in our Products and therefore we do not accept any liability for any damage to health or any distress caused to you by the consumption of such Products.

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Purchase of Products

Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order.

If you notice an error in the Order Confirmation you must notify us immediately via email hello@ohmyshrooms.com.

Once payment has been made and your order placed, refunds are not permitted. If for any reason you need to cancel the order placed please inform us immediately. Cancellations must be placed no later than 48 hours prior to order collection, delivery or dispatch. If cancellation is placed later than this, refunds will not be issued.

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If you wish to add to or change your order, or change the date or time of dispatch, delivery or collection of your order, then we will accommodate you where possible, provided that you contact us no later than 48 hours before your order is due to be dispatched, collected or delivered.

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Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.

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We recommend that products ordered are consumed and stored as instructed to ensure freshness, taste and quality.

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For any questions regarding our terms and conditions send us an email hello@ohmyshrooms.com. Our founder Ayelen replies to every email personally, therefore it may take up to 72 hours to receive a response.

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Last updated: 13th January 2022

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