Terms & conditions

Last Updated: October 2023

1. These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via our online store (purchase contract and subscription) between us,

Mushi Lab OÜ,
Calle Nuñez de Balboa 8,
Bajo Izquierda,
28002, Madrid, Spain
Email: info@mushilab.com
(we or Mushi Lab)

and you as a customer as well as for the use of our website www.mushilab.com by you.

1. All agreements made between you and us in connection with the use of our website and the purchase contract or subscription are subject to these GTC, our written order confirmation and our declaration of acceptance.
2. The version of the GTC valid at the time of use of the website or at the time of conclusion of the purchase agreement or subscription shall apply.
3. We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
4. We sell our goods only to consumers and only for private use. A commercial resale of our goods is prohibited.

2. Conclusion of a purchase agreement

1. The presentation and advertising of products in our online store does not constitute a binding offer to conclude a purchase contract.
2. By submitting an order via the online store by clicking the button "order subject to payment", you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, according to § 2.4 remains unaffected.
3. We will confirm the receipt of your order placed via our online store immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
4. A contract is only concluded when the bank debits your account with the purchase price and we accept your order by a declaration of acceptance or by delivery of the ordered products. 
5. If the delivery of the products ordered by you is not possible, for example because the corresponding product is not in stock, we will refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

3. Conclusion of a subscription (installment delivery contract)

1. If you have ordered a subscription, a contract for the regular delivery of the product is only concluded when we accept your order by means of a declaration of acceptance.
2. The subscription is concluded for a limited period of 1 month. The subscription is automatically renewed for an indefinite period of time if it is not revoked in accordance with § 3.4 or terminated in accordance with § 3.3 or if you make use of the 60-day money-back guarantee in accordance with § 5.
3. You can cancel the subscription at any time without notice and without giving any reason with effect for the future.
4. We may terminate the subscription for cause with 4 weeks' notice prior to the expiration of the subscription.
5. If the delivery of the products ordered by you is not possible, for example because the corresponding product is not in stock, we will refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
6. Should you cancel your subscription before month 2, the full product price will be charged for the product sent in your first order. 

4. Right of Withdrawal

1. As a consumer, you are entitled to a right of withdrawal.
2. If you make use of your right of revocation according to § 4.1, you have to bear the regular costs of the return.
3. In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following.

- Start of withdrawal policy -

Right of withdrawal

You have the right to cancel your contract (purchase contract or subscription) within fourteen days without giving any reason.

The withdrawal period for the conclusion of a purchase contract or for subscriptions is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us, Mushi Lab OÜ, Calle Nuñez de Balboa 8, Bajo Izquierda, 28002, Madrid, Spain, Email: info@mushilab.com, by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. 

The letter should include the following details:

• I (*) hereby revoke the contract concluded by me (*) for the purchase of the following goods (*)
• Date ordered and date received.
• Name of consumer.
• Address of consumer.
• Signature of consumer.
• Date.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you revoke your contract (purchase contract or subscription), we shall reimburse you for all further payments we have received from you, excluding delivery costs, without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of your contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back in good condition.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of your contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods.

- End of the withdrawal policy -

The right of withdrawal expires prematurely if you have removed the seal from our products sealed for reasons of health protection and hygiene after delivery (e.g. have opened the product’s liner).

5. 30 days money back guarantee

Refunds can be granted for sealed, unopened products returned to us within thirty (30) days of purchase date. Shipping charges are non-refundable. Return shipping is the responsibility of the customer, please contact us at info@mushilab.com for a return address. In this email you shall provide your name, your order number, the date of your order and your address. We will then tell you how and to which address you need to return the product to us in order to receive your refund. Refunds will be made within 2 weeks of receipt of the returned product. Please note that the return shipping costs cannot be reimbursed.

6. Terms of delivery and payment in advance

1. Our delivery takes place after receipt of the purchase price plus shipping costs (prepayment).
2. The delivery time is approximately five to ten (5 to 10) business days after payment of the purchase price and shipping costs.
3. If a subscription has been taken out, delivery will be made monthly by default. You can optionally set the delivery intervals to every 30, 60 or 90 days by declaration to us.

7. Prices and shipping costs

1. All prices in our online store are gross prices including the statutory sales tax and do not include shipping costs.
2. The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
3. If a subscription has been taken out, the indicated price (including shipping costs) will be charged again for each additional delivery.
4. If you effectively revoke your contractual declaration in accordance with § 4, you may demand reimbursement of any costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation § 4 para. 3).

8. Terms of payment and set-off and right of retention

1. The purchase price and shipping costs are to be paid in advance.
2. You can pay the purchase price and shipping costs at your choice using one of the payment methods available in our online shop.
3. If a subscription has been taken out, you give us a direct debit authorization to debit your specified means of payment for the following deliveries. We will automatically initiate the debit of your account at the earliest 1 week before dispatch of the next delivery. The granted direct debit authorization is valid until revoked and also for further orders within the subscription.
4. You are not entitled to offset against our credits unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our credits if you assert notices of defects or counterclaims from the same purchase contract or subscription.
5. As a purchaser or subscriber, you may only exercise a right of retention if your counterclaim arises from the same purchase contract or subscription.

9. Warranty

1. We shall be liable for material defects or defects of title of delivered items. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
2. Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims based on material defects or defects of title within the meaning of § 9.1. Details of the scope of such warranties can be found in the warranty conditions that may be enclosed with the articles as well as in § 5.

10. Use of our websites

1. You grant us a non-exclusive, geographically and temporally unlimited, royalty-free right, revocable at any time, to use, reproduce, modify, adapt, publish, translate, distribute and display any content generated by you on our website in connection with the name provided when the content was created.

11. Limitation of liability

1. We shall be liable to you in all cases of contractual and non-contractual liability only in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
2. In other cases, we shall be liable only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage and caped at ten times (10x) the price of purchase of our products. In all other cases, our liability is excluded.

12. Intellectual property

We have copyrights or rights of use to all logos, images, films, texts and other content published on our website. Use of the logos, images, films, texts, other content and our trademarks is not permitted without our express prior consent.

13. Disclaimer for content on third party websites

We are not responsible for content on linked external third-party websites over which we have no control. These links are provided solely as a convenience to users and do not constitute an endorsement or approval of the content by us.

14. Product and information disclaimer

1. Applies to all products. Do not use it if you are pregnant, nursing or under the age of 18. If you are taking prescription medicines, with medical conditions or specific concerns about the suitability of our products in relation to these, you should always consult your healthcare practitioner prior to using these supplements. 
2. If you experience any adverse reaction from taking any product, discontinue use immediately and contact your healthcare practitioner. Do not exceed the stated dose. Keep out of reach of children. Do not use it if the seal is compromised.
3. By opening any of our products you acknowledge: This product is not intended to diagnose, treat, cure, or prevent any disease. Ingestion of our supplements is entirely at the user's own risk.
4. Although we export to many countries globally, it is your responsibility as the consumer to verify the import laws for your domestic nation. We will not be responsible for custom issues including import duty or seizures.
5. If we reference scientific studies in our blog or other areas of the site, these may not be conclusive.
6. Reviews on the product or other areas of the site are the opinion of the contributors and should not be taken as fact. Mushi Lab makes no warranty, implied or expressed, to the accuracy of information provided by these reviews. No review has been evaluated by the EFSA (EU), Federal Drugs Administration (USA), MHRA (UK) or domestic equivalent.

15. Data protection information

We comply with the data protection requirements of the EU General Data Protection Regulation and the applicable national data protection regulations. For more information, please refer to our privacy policy.

16. Changes to the GTC, setting the operation of the website

1. We reserve the right to change these GTC at any time, insofar as this is necessary due to a changed legal situation or court’s case law, technical changes or further developments, new organizational requirements of mass traffic, further developments of the business model, loopholes in the GTC, changes in market conditions or other reasons and provided that the changes do not disadvantage you unreasonably. We will notify the subscribers of our products at least four weeks before they come into effect by email or other suitable means. Changes that only affect new functions or products or that are not associated with any additional obligations or burdens on you take effect immediately. The changes are considered approved if you enter into a new purchase contract or when having a subscription contract you do not object to the changes within four weeks after our notification. In the event of a change in the GTC, we will specifically point out the possibility of objection and the importance of the deadline. If you make use of your right of objection, we have the right to terminate all contracts with you with effect from the point in time at which the changed GTC are to come into force. We will also point this out to you in our notification.
2. We are free to stop the operation of our website at any time.

17. Assignment

We may assign all contracts with you and our resulting rights and obligations therefrom in whole or in part to another legal person, in particular to an affiliated company, or in connection with a corporate transaction or an asset deal.

18. Translation

Under any circumstance in which there is a translation of content misunderstanding, the original version in English will be used.