AGB

Terms and conditions for sale of products and accessories.
Last updated: March 23th, 2022.



These general terms and conditions for purchase (“Terms”) apply to all purchases of products and accessories made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through Shrooly’s website at www.shrooly.com (“Website”).

 

Shrooly reserves the right to change these terms and conditions at any time. Changes will not affect purchases already made and accepted by Shrooly. Any such changes will take effect when posted on www.shrooly.com.

 

Company Information

Shrooly Ltd.
77 High Street Littlehampton
BN17 5AG United Kingdom
Company No. 13999704
 

 

Description of product(s) and accessories

Shrooly develops and sells the following Product(s) and accessories.

Shrooly smart mushroom growing device

The Shrooly smart mushroom growing device (“Product(s)”) is described and portrayed on www.Shrooly.com

 

Accessories for Shrooly 

Accessories are described and portrayed on www.Shrooly.com

The combination of Product(s), accessories and/or subscription services in an Order is always subject to availability and Shrooly may, in its sole discretion, choose to offer the Product(s), accessories and subscriptions both separately and in predetermined bundles on the Website.

 

Order process (contract formation)

These Terms, together with the Order Confirmation, form the Contract between the Customer and Shrooly and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the order, both in the Website Checkout and the Express Checkout provided by PaymentWall. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order, and that it enters into a binding agreement with Shrooly when clicking the button “Place Order” in the Checkout.

 

The presentation of Product(s) and/or accessories in the Website does not constitute any binding offer by Shrooly for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer places a binding offer for a purchase contract with Shrooly (“Order”). The Customer will be able to view the details input and correct any mistakes in the information provided before submitting an Order.

 

On receipt of the Order, Shrooly will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. All Orders are subject to acceptance by Shrooly at its discretion. If Shrooly refuses to accept an Order, it shall inform the Customer of such refusal by e-mail within two month after the order was submitted. If the Order is refused, Shrooly is not responsible for any loss or delay arising out of such refusal. Shrooly will accept the Order either by sending an acceptance notice or by dispatching the Product(s) and accessories ordered.

 

Regardless of the foregoing, an agreement will not be binding on either party if the offer from Shrooly provided to the Customer in the ordering process or the Customer’s Order contains a typing error, and the other party knew or should have known that such error existed. An agreement will not be binding on Shrooly if the Customer has provided incorrect payment or delivery information.

 

Shrooly stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an “acknowledgment of receipt”. It will appear on the screen once the Customer has submitted the Order to Shrooly by clicking the “Place Order” button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.

 

The latest version of the Terms of Purchase is always available on www.Shrooly.com. You may also request a copy of the Terms applicable to your Purchase by contacting Shrooly via email. For the avoidance of doubt, any subscription is subject to its own terms and separate from this Contract.

 

Price and payment terms

The price per unit of the Product and accessories is displayed on the Website. The total purchase price for the Product(s) and/or accessories is displayed on the Website Checkout.

 

The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in local currency or EUR (€), and where applicable include custom duties and value added tax. 

 

During the pre-order period the Products are paid in advance, with 100% of the purchase price charged when the Customer clicks the Place Order button.

 

Please note, depending on the place of dispatch included in your order confirmation, the following will apply for customs treatment of your order:

 

When the products are shipped from the EU, Shrooly pays customs duties and import VAT as applicable, and the Customer is not party to the customs declaration.

 

Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.

 

Shrooly is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.

  

Delivery

The Product(s) and/or accessories are shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process, or the default option provided by Shrooly. The cost of shipping is detailed in the ordering process. 

 

By placing the order, the Customer acknowledges that they have pre-ordered a product that is not yet manufactured, and not yet ready to be shipped. 

 

The estimated delivery date for the Customer’s pre-order will be clearly stated in the ordering process on the Website. Please note that stated delivery dates are estimates only, and the Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. Shrooly will keep you duly noted of any changes impacting the delivery of your ordered Product(s) via email. Shrooly shall not be held liable for delays in the estimated delivery date for any order or pre-order. 

 

The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” on the Website Checkout or provided through other payment profiles, e.g. Paymentwall. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. Shrooly shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.

 

Upon acceptance of Shrooly’s logistics partner’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with our logistics partner. Shrooly is not liable for the Customer’s failure to comply with our logistics partner’s terms.

 

Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. If the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product(s) constitutes a breach of contract by the Customer.

 

The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. Shrooly reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.

 

Cancellation

Once the Customer has ordered the Product(s), Shrooly strives to deliver as soon as possible and in accordance with the stated estimated delivery date (see section 4 above). If Product(s) are estimated to ship in less than 365 days from the Order date, cancellation by the Customer under this clause is not possible.

 

During the pre-order period, the Customer may request cancellation of the Order to Shrooly by sending an inquiry via email to hello@shrooly.com , earlier than 365 days before their order ships. Shrooly will send a confirmation to the Customer if the cancellation was successful. If no inquiry is received prior to 365 days before shipment, the Customer must instead make use of their right to withdrawal if applicable according to section 6. 

 

During the pre-order period, funds from the purchase are used for manufacturing and procurement, and Shrooly reserves the right to delay the payout of the refund for up to 3 months should it be necessary. However, Shrooly will strive to issue the refund as soon as possible and within a reasonable amount of time.

 

Shrooly also reserves the right to cancel your Order before the shipment date at Shrooly’s own discretion. In the event of such cancellation, Shrooly will refund the full purchase price.

 

Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under local consumer protection laws and regulations.

 

Limited warranty

Shrooly warrants that each Product will be free from material and workmanship defects under normal use in accordance with Shrooly’s published user manuals and safety information. Shrooly reserves the right to reject any warranty claim from persons failing to provide valid proof of a qualifying purchase from Shrooly.

 

To make a warranty claim, the Customer must within a reasonable time from the date on which they discovered, or should have discovered, a defect, notify Shrooly’ Support via email. The Customer must also include a description of the defect. However, warranty claims must be made no later than three years after the Customer took possession of the Product(s). Shrooly will, upon receiving a warranty claim, revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.

 

If Shrooly finds that the defect is covered by the limited warranty of this clause 7, Shrooly may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At Shrooly’s sole discretion, refurbished, recycled or otherwise previously used Product(s) may be used as replacements. Shrooly warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.

 

Shrooly may, at its discretion, offer a partial or full refund for the defective Product(s).

 

There is no warranty for Product(s) and/or accessories that have been (i) modified, altered, or adapted without Shrooly’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iii) used with third party equipment and/or software not provided nor approved by Shrooly, to the extent the problem is attributable to such use, (iv) relocated, to the extent that defect is attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

 

If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address, and order reference.

 

Shrooly does not take any responsibility for damage that use of the product may incur on other properties, herein in furniture, floors, walls or other personal properties owned by the Customer. This includes damage caused by water or water leakage, physical tear down or marks on furniture and similar.  The Customer bears sole responsibility for properly placing and using the product in a safe environment, and otherwise using it in a responsible fashion.

 

Nothing in this clause affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty. You must notify Shrooly of defects claims within reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after you took possession of the relevant product. For products or parts of products that are meant to last substantially longer with normal use, the deadline for notifying the seller of defects is five years from the consumer took possession of the relevant product.

 

End-user customers only

Shrooly sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories from Shrooly for resale, and Shrooly reserves the right to refuse, cancel or delay the Customer’s order if there are reasonable grounds to believe the Product(s) and/or accessories are not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.

 

Seller’s right in the event of default and/or breach by the customer

In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., Shrooly will retain the goods until payment is completed.

 

Shrooly may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.

 

In the event that a Customer receives the Product(s) and/or accessories before payment has occurred, Shrooly may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, Shrooly may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.

 

Shrooly may also claim compensation for any direct loss Shrooly suffers as a result of a breach on the part of the Customer.

 

Miscellaneous

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing through our Contact Form. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

Shrooly reserves the right to change these terms and conditions at any time prior to purchase. Any such changes will take effect when posted on www.shrooly.com

 

Personal data

Shrooly is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.

Further information on personal data processing by Shrooly is available in Shrooly’s Privacy Policy.

 

Complaints, dispute resolution and applicable law

These Terms and the purchase of the Product(s) and/or accessories shall be governed by and construed in accordance with the laws of Estonia.

 

If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, Shrooly’s Support may be reached through email or at hello@shrooly.com.

 

If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, Shrooly will submit this to the Customer upon request. The customer may further submit a complaint to the Estonian Consumer Council. The customer may also raise a claim for the ordinary Estonian courts.

 

Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at https://ec.europa.eu/consumers/odr.

 

Contact

The seller and supplier of the Product(s) and accessories is Shrooly Ltd.