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TERMS AND CONDITIONS

These terms and conditions outline the rules and regulations for the use of Martian Mushrooms Website, located at www.martianmushrooms.co.uk By accessing this website we assume you accept these terms and conditions. Do not continue to use Martian Mushrooms if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logs on this website and is compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Martian Mushrooms”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your Privacy

Please read our Privacy Policy.

Company Details

Support email – support@martianmushrooms.co.uk

Sales email – wholesale@martianmushrooms.co.uk

Company name – IRVIN BROTHERS LIMITED 

Company number – 13012068 

VAT number – GB385240101

Registered address – Kent Space, Suite 2026 8-9 Revenge Road, Chatham, England, ME5 8UD

UK Law

We at Martian Mushrooms hold NO responsibility for any repercussions of misuse, nor are we liable for the use of any of our products for illegal activities or manufacturing of illegal products. All of our products are 100% certified Legal & compliant throughout the UK, providing they are not misused or inaccurately marketed for such.  All products from Martian Mushrooms are strictly intended to be used within your country’s laws.

International Law

We at Martian Mushrooms hold NO responsibility for any broken international laws regarding any of the products we sell to customers abroad. It is up to you the customer, not us, to determine whether any products you wish to order are legal in your country.  We cannot accept responsibility for any repercussions or replace any confiscations for any products brought from Martian Mushrooms. This applies to ALL international customer, we will send on the understanding all responsibility is held by you, the customer, & all laws respective of your country have been obeyed. 

Right To Refuse Service

We, Irvin Brothers Limited, reserve the right to refuse service to any individual or entity for any reason at our sole discretion. This includes, but is not limited to, individuals or entities who misuse our products or services, breach these terms and conditions, or conduct themselves in a manner that we deem inappropriate or harmful to our business, other customers, or the public at large.

Misuse of our products or services includes but is not limited to:

  • Use of our product or services for illegal activities.

  • Harassment, abusive behaviour, or violation of privacy towards our staff, customers, or others.

  • Attempting to interfere with our systems, network security, or the operation of our services.

  • Sharing or distributing our products or services without appropriate authorization.

  • Any action that infringes upon the intellectual property rights of Irvin Brothers Limited or others.

Irvin Brothers Limited reserves the right to ban any individual or entity from our services temporarily or permanently if we believe they have misused our products or services, violated these terms and conditions, or conducted themselves in an inappropriate or harmful manner. A ban may be implemented without prior warning or notice.

If Irvin Brothers Limited refuses or bans you from our services, you may not create another account or attempt to access our services through another individual or entity’s account. Any attempt to evade a ban will be considered a further violation of these terms and conditions and may result in extended or permanent banning, at our sole discretion.

Our decision to refuse or ban an individual or entity is final and not subject to appeal. While we strive to act fairly and consistently, we are under no obligation to provide a reason or justification for our decision to refuse or ban an individual or entity.

Irvin Brothers Limited is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, resulting from our decision to refuse or ban an individual or entity from our services.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Participation Disclaimer 

Martian Mushrooms does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.

You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Martian Mushrooms is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability to any contents or activities on the site.

Trademarks

All trademarks, service marks and trade names of Martian Mushrooms used in the site are trademarks or registered trademarks of Martian Mushrooms. 

Limitation of liability 

Martian Mushrooms shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Martian Mushrooms has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look Unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Martian Mushrooms; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Martian Mushrooms. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Martian Mushrooms logo or other artwork will be allowed for linking absent a trademark license agreement.

Notice

Martian Mushrooms may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided at Martian Mushrooms.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Martian mushrooms without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Copyright

The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the UK and other copyright laws, and is the property of Martian Mushrooms. The collective work includes that is licensed to Martian Mushrooms. Copyright 2023, Martian Mushrooms ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Martian Mushrooms or purchasing Martian Mushrooms products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Martian Mushrooms or to purchase Martian Mushrooms products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Martian Mushrooms. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

SMS Marketing

By consenting to IRVIN BROTHERS LIMITED SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us for more information. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honouring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the UK, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Martian Mushrooms products) shall be in the state or county courts located in the UK. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Martian Mushrooms products) must be commenced within one (1) year after the claim or cause of action arises. Martian Mushrooms failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  Martian Mushrooms may assign its rights and duties under this Agreement to any party at any time without notice to you. 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Martian Mushrooms or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization
You undertake not to use this website for any other purpose, including but not limited to promotion, marketing or sales of other services and products and you also undertake not to copy, replicate, imitate or link to this site without our express and written consent.

Indemnification

You agree to indemnify, defend, and hold harmless Martian Mushrooms, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Limited Warranties

We do not warrant or represent the completeness or accuracy of any information published on our website, that the material is up to date or that the material on the website will remain available. We reserve the right to discontinue our activities on the website at our sole discretion and to the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and use thereof.

Compliance

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to:
upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
upload or transmit through the Website any material which is defamatory, offensive or of an obscene character; and
attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Liability

To the extent that our website is provided free of charge, we will not be liable for loss or damage of any nature. We will not be liable to you in respect of any loss or damage relating to events beyond our reasonable control. We will not be liable to you for any loss or corruption of data, database or software or in respect of any consequential loss or damage. You accept that we are a limited liability entity and agree to hold harmless all directors, officers and personnel of Martian Mushrooms, in respect of any loss or damage associated with use of our site.

Typographical Errors

In the event that a Martian Mushrooms product is mistakenly listed at an incorrect price, Martian Mushrooms reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Martian Mushrooms reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Martian Mushrooms shall issue a credit to your credit card account in the amount of the incorrect price.

Cookies

We employ the use of cookies. By accessing Martian Mushrooms, you agreed to use cookies in agreement with the Martian Mushrooms Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Martian Mushrooms and/or its licensors own the intellectual property rights for all material on Martian Mushrooms. All intellectual property rights are reserved. You may access this from Martian Mushrooms for your own personal use are subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Martian Mushrooms

  • Sell, rent or sub-license material from Martian Mushrooms

  • Reproduce, duplicate or copy material from Martian Mushrooms

  • Redistribute content from Martian Mushrooms

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Martian Mushrooms does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Martian Mushrooms, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Martian Mushrooms shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Martian Mushrooms reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

  • The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Martian Mushrooms a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Affiliate Terms of Use

As an authorized affiliate (Affiliate) of MARTIAN MUSHROOMS, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting MARTIAN MUSHROOMS as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to MARTIAN MUSHROOMS by your own website or personal referrals.

By signing up for the MARTIAN MUSHROOMS Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

Commissions

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days. Payments must exceed ÂŁ10 before being processed.

You cannot refer yourself, and you will not receive a commission on your own accounts.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

  • Spamming (mass email, mass newsgroup posting, etc.).

  • Advertising on sites containing or promoting illegal activities.

  • Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

  • Violation of intellectual property rights. MARTIAN MUSHROOMS reserves the right to require license agreements from those who employ trademarks of MARTIAN MUSHROOMS in order to protect our intellectual property rights.

  • Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with MARTIAN MUSHROOMS, however, is acceptable.

  • Self referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, MARTIAN MUSHROOMS reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the MARTIAN MUSHROOMS site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.

Coupon and Deal Sites

MARTIAN MUSHROOMS occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

  • Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.

  • Affiliates may not bid on MARTIAN MUSHROOMS Coupons, MARTIAN MUSHROOMS Discounts or other phrases implying coupons are available.

  • Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

  • User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

  • Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

Payments 

Upon receipt of your order, Martian Mushrooms will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase.

Liability

MARTIAN MUSHROOMS will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by MARTIAN MUSHROOMS. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

Cancellation Rights

Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods.

If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.

Price and Payment

All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information into the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you a Dispatch Confirmation).

If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you (if your delivery address is inside the European Union (‘EU’) see ‘Customs clearance responsibilities for EU delivery addresses’) You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with cancellation rights, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.

You confirm that the credit, debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.

We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or messaging our customer service representatives at:

e-mail address: support@martianmushrooms.co.uk

Customs clearance responsibilities for EU delivery addresses

For orders dispatched from the UK only.

For deliveries to addresses within the EU, for legal purposes you are the importer of the goods, and are responsible for any import formalities as well as any duties, tariffs, or taxes which may be charged by any customs authority. However, we have collected these amounts from you as part of your purchase, and by agreeing to these terms, you hereby authorise us to appoint our designated carrier(s) to carry out any required customs formalities on your behalf, including payment of any duties, tariffs, or taxes to the appropriate customs authority. The designated carrier will deliver the goods to you in addition to carrying out the customs formalities on your behalf. These customs formalities will be carried out in different countries depending on the country in which your delivery address belongs, and the carrier used. Your goods will be cleared for customs purposes in one of the following ‘clearance countries’:

DPD

1. Cyprus (for addresses in Cyprus)

2. France (for addresses in France, Austria, Bulgaria, Croatia, Czech Republic, Estonia, Greece, Hungary, Italy, Latvia, Lithuania, Portugal, Romania, Slovakia, and Slovenia)

3. Ireland (for addresses in Ireland)

4. Malta (for addresses in Malta)

5. Spain (for addresses in Spain)

6. The Netherlands (for addresses in the Netherlands, Belgium, Denmark, Finland, Germany, Luxembourg, Poland, and Sweden)

Hermes

7. Belgium (for addresses in Belgium and Ireland)

8. Otherwise, in the country in which your address belongs.

DHL

9. In the country in which your address belongs.

P2P

  • The Netherlands (for all addresses)

This means that you will be charged duties, tariffs, or taxes at the rate applicable in the clearance country – these will be paid on your behalf by the designated carrier. These clearance countries are subject to change without notice being provided to you.

By accepting these terms, you consent to us appointing a designated carrier to act on your behalf as described above, and that the designated carrier is acting solely for you as your customs direct representative.

We do not issue tax invoices for shipments to the EU from the UK. Any proof-of-sale document we provide at your request is provided entirely at our discretion and serves as a record of your purchase only. The document may not comply with the requirements imposed by the tax authorities in your local jurisdiction for the purposes of reclaiming VAT, and we are unable to provide additional documentation in this regard.

Electronic Communication

Visiting martianmushrooms.co.uk or sending emails to martianmushrooms.co.uk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

Indemnification

Affiliate shall indemnify and hold harmless MARTIAN MUSHROOMS and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by MARTIAN MUSHROOMS to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, and any disputes will be decided only by the English courts.

Returns & refunds

All Martian Mushrooms products are sold under our refund policy. Send an email to support@martianmushrooms.co.uk, or optionally fill out our contact form. Read more about our return & refund policy

Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the MARTIAN MUSHROOMS affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the MARTIAN MUSHROOMS application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

Subscriptions & recurring billing 

a. You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into a subscription plan, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.
b. We will submit periodic charges (every month, 2 months or 3 months, as selected by you) without further authorization from you, until you opt out of auto-renewal on your “My Account” page by using the “Cancel Subscription” button.
c. The initial payment for your subscription order will be taken at the time of checkout. Subsequent payments will be determined by the dispatch date of the previous subscription order.
d. You can cancel your subscription anytime by raising a request via your “My Account” page. Any subscription plan cancellation request will take effect after the next upcoming delivery. Alternatively, you can immediately cancel by contacting the Customer Services team.
e. All orders are subject to availability. If your subscription order is not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
f. You have the option to delay your subscription order by a month, provided notice is given at least 5 days before your next billing date. Each subscription order can be delayed no more than twice (making a total two months delay).
g. Subscribe and save discounts may be available. The discount on your initial order may differ from the discount on recurring orders. Special offers will not apply on top of any subscribe and save discount, except where it relates to meeting a spend threshold.
h. The delivery options which you select for your first subscription order will apply for all subsequent subscription orders. Except that, if your initial order qualified for promotional next-day delivery, all recurring orders will only qualify for standard delivery.
i. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

Orders

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or (ii) dispatch the goods to you or commence the services, whichever is the later, at which time we shall send you an e-mail confirming that the contract has been concluded (‘Dispatch Confirmation’). The contract will relate only to those goods or services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other goods or services which may have been part of your order until the dispatch of such goods or services has been confirmed in a separate Dispatch Confirmation.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by us; and (b) us receiving payment in respect of the same.

Reviews

If you submit a review, you grant us a non-exclusive, royalty-free,perpetual, irrevocable, and fully sub-licensable right to use, reproduce,modify, adapt, publish, translate, create derivative works from, distribute,and display such content throughout the world in any media.
You grant Martian Mushrooms and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to Martian Mushrooms, including the execution of deeds and documents, at the request of Martian Mushrooms.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Martian Mushrooms:
The content and material are accurate;
Use of the content and material you supply does not breach any applicable Martian Mushrooms guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Martian Mushrooms for all claims brought by a third party against Martian Mushrooms arising out of or in connection with a breach of any of these warranties.
Winners of the review promotion will be notified by email.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Wholesale terms

These conditions apply to all sales of goods by Martian Mushrooms (“the Seller”) to any purchaser (“the Buyer”) and override the buyer’s terms and conditions and any assumptions or common wholesale practice unless expressly agreed in writing by the Seller.

1. SELLING

The Seller is only allowed to sell the goods to individual customers (as opposed to organisations) via the sales channel/premises, which has been agreed upon at the time of the opening order. If subsequent premises are opened, approval from the Seller is required in advance. One-off fairs and markets do not require special approval.

Where taking on loan the displays provided by the Seller, the buyer commits herself to only use such stands to display the Buyers items alone.

The Seller prohibits the items from being opened and their content mixed.

2. TITLE & RISK

Full and complete title of the goods remains with the Seller until payment in full from the buyer to the Seller. Until such payment the buyer shall have possession of the goods as fiduciary agent for the Seller and must store goods in such a way as to enable them to be identified as the property of the Seller.

The Seller reserves the right to repossess any goods in respect of which payment is overdue and thereafter to resell those goods. For this purpose the buyer hereby grants an irrevocable right and licence to the Seller’s servants and agents to enter its premises during normal business hours. This right shall continue to subsist notwithstanding the termination of the contract for any reason and is without prejudice to any accrued rights of the Seller thereunder or otherwise.

Risk in the goods shall pass on delivery – if goods are damaged while under the care of the buyer but before the payment has been made, then the payment to the Seller is still due in full.

3. DELIVERY

Whilst every effort will be made to meet delivery dates mentioned in correspondence, such dates are approximate only and not of any contractual effect. The Seller shall not incur any liability by reasons of failure to deliver on any particular date or dates.

Delivery shall be at the buyer’s usual business premises unless otherwise stipulated or agreed by the Seller.

Any delivery discrepancy must be notified to the Seller in writing within 72 hours of the delivery. If no notification is made within 72 hours, the Seller will be under no obligation or liability to make the right alleged defaults.

Orders will be sent via a trackable delivery method, which will require a signature on arrival. Either the buyer or their representative must be present to receive the goods. This agreement is between the buyer and the Seller. Neither the Seller nor the third-party delivery company that has been contracted by the Seller to carry out the delivery will be held liable if the buyer relies on a third party contractor to accept, receive and sign for the handover of goods without checking for defects of packaging, damaged items or shortage of goods. Nor can the Seller be responsible for any signature discrepancies if a third party has been instructed by the buyer to take delivery of the goods.

Should the delivery be missed by the buyer, it is the buyer’s responsibility to contact the delivery company to re-arrange delivery at an appropriate time.

4. PRICES

The prices payable for goods shall be those stated in the Seller’s Price. Stated prices apply only to the stipulated quantities. The Seller may revise stated prices to take into account changes in costs occurring between the date of the Order Acceptance and the dispatch of the goods including (without limitation) costs of any materials; carriage; labour or overheads; the increase or imposition of any tax, duty or other levy; and any variation in exchange rates. The buyer will be provided with 14 days’ notice of changes to the Seller’s Price List,

Unless otherwise specified VAT and any other tax or duties payable by the buyer shall be added to the price.

Delivery to mainland UK is free on orders over ÂŁ25. Orders under this amount to mainland UK will be charged a standard rate of ÂŁ5. All deliveries to non-mainland UK addresses are charged at cost and will be agreed with the buyer before the goods are dispatched.

5. TERMS OF PAYMENT

Orders are on a pro-forma basis, and will not be dispatched until payment has been made in full. Thereafter payment terms may be agreed between the parties, but unless otherwise agreed by the Seller in writing, payment must be made before the order can be dispatched.

Any extension of credit allowed to the buyer may be changed or withdrawn by the Seller at any time.

The Seller reserves the right to charge interest on overdue accounts at the rate of 8% over the Bank of England base rate to run from the due date for payment thereof until receipt by the Seller of the full amount or not after judgement.

Invoices shall be paid in full without any deductions.

6. THIRD-PARTY RIGHTS

No condition warranty or representation whether express or implied is given by the Seller that the goods will not infringe the rights of any third party when exported to or used or resold in any country outside the United Kingdom. The buyer shall be solely liable for establishing whether goods may lawfully be so exported, used or resold, and shall indemnify the Seller against any and all liabilities, claims, losses and costs arising by reason of any infringement or alleged infringement of third-party rights by reason of any such export use or resale.

7. LIABILITY

The Seller shall not be liable to the buyer:

  1. for shortages in quantity delivered unless the buyer notifies the Seller of any claim for short delivery within seventy-two hours of receipt of the goods,
  2. for damage to or loss of the goods or any part thereof in transit (where the goods are carried by the Seller’s own transport or by a carrier on behalf of the Seller) unless the buyer notifies the Seller of any such claim within seventy-two hours of receipt of the goods or fourteen days of the date of dispatch shown in the Seller’s advice notice, whichever shall be earlier,
  3. for defects in the goods caused by any act, neglect or default of the buyer or of any third party.

Where the Seller is found to be liable under the Seller’s sole obligation shall be at its option to make good any shortage or non-delivery and/or as appropriate, replace or repair any goods found to be damaged or defective and/or to refund to the buyer the net price paid for the damaged, defective or undelivered goods. Goods which are the subject of a claim must be stored free of charge by the buyer pending inspection by the Seller.

The Seller’s aggregate liability to the buyer, whether for negligence breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the cost of the defective, damaged or undelivered goods determined by net price invoiced to the buyer in respect of any occurrence or series of occurrences. In no case will the Seller have any liability for indirect or consequential loss or loss of profit.

8. INSOLVENCY and DEFAULT

If the buyer enters into a deed of arrangement or becomes bankrupt or compounds with his creditors or if a receiving order is made against him, or if (being a Company) an order is made, or a resolution is passed for the winding up of the buyer (otherwise than for the purposes of amalgamation or reconstruction), or if a receiver or administrator is appointed of any of the buyer’s assets or undertaking or if circumstances arise which entitle the Court or a creditor to appoint a receiver, administrator or manager or which entitle the Court to make a winding up order, or if the buyer takes or suffers any similar action in consequence of debts or commits any breach of this or any other contract between the Seller and the buyer, the Seller may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the buyer under and/or by notice in writing to the buyer determine the contract.

Failure by the Seller to exercise or enforce any rights here-under shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

This contract may not be assigned by the buyer without the prior written consent of the Seller.

Notices shall be deemed to have been duly given if sent by First Class post to the party concerned at its last known address. Notices sent by post shall be deemed to have been given three days after dispatch.

This contract shall be governed by and construed in all respects in accordance with the Laws of England and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

 

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