Terms & Conditions
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Beacon Hill Mushrooms Ltd., doing business as Beacon Hill Mushrooms, located at Kemp House, 160 City Road, City of London, London EC1V 2NX United Kingdom (we, us), concerning your access to and use of the Beacon Hill Mushrooms (https://www.beaconhillmushrooms.co.uk) website as well as any related applications (the Site).
The Site provides the following services: Online store providing gourmet mushroom cultures, and cultivation supplies. (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 Our site is directed to people residing in United Kingdom. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
• Our Delivery and Returns Policy https://www.beaconhillmushrooms.co.uk/delivery-returns/ , which sets out conditions of order return, cancellation and refund
• Our Affiliate Agreement https://www.beaconhillmushrooms.co.uk/terms-conditions/affiliate-terms/ which sets out the Terms of the Affiliate Programme.
• If you purchase physical or digital goods from the Site, our Terms and Conditions of Supply (Section 12, found below) will apply to the sales.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
● Use a buying agent or purchasing agent to make purchases on the Site
● Use the Site to advertise or sell goods and services
● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● Engage in unauthorized framing of or linking to the Site
● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
● Attempt to impersonate another user or person, or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from the Site in order to harass, abuse, or harm another person
● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
● Attempt to access any portions of the Site that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
● Use the Site in a manner inconsistent with any applicable laws or regulations
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Advertise products or services not intended by us
● Misrepresent experience, skills, or information about a User
● Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to firstname.lastname@example.org or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy as well as what we may deem as Acceptable Use on an ad-hoc basis.
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5 We have the right to remove or reasonably modify any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy or what we may deem as Acceptable Use on an ad-hoc basis. Such instances may include but are not limited to, content which we deem to be inaccurate, defamatory, inflammatory, harmful, or offensive.
4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
4.7 Site reviews fall into two categories; shop/store reviews, and product reviews. In order to maintain clarity and accuracy, We reserve the right to modify product reviews in line with this section (4) in instances where the review content does not pertain to the product being reviewed. For instance, we may move text from a product specific review which comments on general factors such as customer service, delivery, website, payments etc., and move this text to the shop/store review.
4.8 If you wish to complain about User Content uploaded by other users please contact us at email@example.com.
5. Our content
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1 The Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8. Modifications to and availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply (Section 12, set out below).
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, our Site/Services; or
● use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
If you are a consumer user:
● Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
● If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
10. Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at firstname.lastname@example.org.
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
11.8 For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
11.9 For business users only – If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
11.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.11 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com
Beacon Hill Mushrooms Ltd.
Kemp House, 160 City Road
City of London, London EC1V 2NX
12. Terms and Conditions of Supply policy
12.1.1 All returns must be postmarked within 14 days of the purchase date. All returned items must be in new and unused condition, with all original tags and labels attached, as applicable.
12.1.2 To return an item, place the item securely in its original packaging and contact us for authorisation to return at: firstname.lastname@example.org. We will then supply a return address.
12.1.3 After receiving your return and inspecting the condition of your item, we will process your return. Please allow at least 7 days from the receipt of your item to process your return.
12.1.4 For defective or damaged products, please contact us at: email@example.com to arrange a refund or exchange.
12.1.5 Any products sold as “sterile” or “sterilised” are exempt from return, unless otherwise stated.
12.1.6 Any returns accepted on “sterile” items, live cultures, or items with a Use By or Best Before date, will apply only if the item is unused, has been refrigerated or else stored in accordance with given instructions, and the packaging is sealed, undamaged, and unopened.
12.1.7 Refunds may be subject to a processing or restocking fee up to 10% of order value.
12.1.8 Pursuant to Consumer Contracts Regulations, the following items are exempt from returns due to their status as perishable items:
Pre-Poured Agar/Culture Media Plates and Slants
Colonised Grain Spawn
Tailor-made or ‘to-order’ items
12.1.9 In the event that a return is accepted, we may supply a pre-paid postal label in the event of a defective, damaged, or incorrect order. In the event that a pre-paid postage label is supplied, it is your responsibility to ensure the order is packaged securely per instruction, and that the parcel is dropped off at the appropriate depot/parcelshop within 7 days of issue. If a supplied pre-paid postage label expires due to late, or non-use, it will be the responsibility of the customer to pay for postage if a return is still accepted. Retain proof of posting supplied by courier.
12.1.10 Any agreement or obligation to provide replacement, compensation, or refund, in relation to any customer claim relating to (but not limited to) item quality or condition, incorrect item fulfilment, or order non-delivery, will be rendered void and non-binding in the event that false, materially incomplete, or misleading information is or was supplied to Us.
If you have any questions concerning our return policy, please contact us at: firstname.lastname@example.org.
12.2 Discounts & Vouchers
12.2.1 Unless otherwise stated, all offer codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions as laid out in this document.
12.2.2 The offer code must be entered in to the Voucher Code / Coupon field on the Cart / Checkout page and applied prior to payment being made for the discount to be deducted from the order.
12.2.3 Unless stated discounts and promotions cannot be combined and only one offer can be applied to any order.
12.2.4 Sale items, items on promotion, items already reduced in price, displaying a ‘Was’ and ‘Now’ price are also excluded from voucher offers unless otherwise stated.
12.2.5 Offers may be amended or withdrawn at any time.
12.2.6 No substitutes, transfers, compensation, or cash alternatives will apply to any dispute arising from the use or expectation of discount codes / vouchers.
12.3.1 We aim to dispatch orders within 2-3 working days. Some products however are subject to a production lead time, and where possible this is stated on the product description page. Where given, lead times are provided as an indication, and are not a guarantee of dispatch time.
12.3.2 All orders are subject to product availability. Whilst we make every effort to keep stock levels up to date on the website, we cannot guarantee stock level accuracy. If an item is not in stock at the time you place your order, we will notify you and at our discretion either:
a) refund you the total amount of your order, using the original method of payment.
b) refund you for the individual item which is out of stock
c) offer a substitution item, if applicable and at our discretion
d) delay dispatch of the order until all items are in stock
e) dispatch larger orders in multiple shipments
12.3.3 If your order includes items such as sterilised substrates, agar, liquid culture or other items which are made to order, or on backorder, we will delay the dispatch of the entire order until all items can be dispatched together.
12.3.4 Delivery methods may be changed without notice due to reasons including but not limited to; delivery service provider capacity, improving delivery times, or offering a more cost effective service.
12.3.5 Where a parcel/courier service is used, tracking information may be available. If provided to the customer this may allow safe-place or preferred neighbour nomination, or rescheduling of delivery date. Where available it is the customer’s responsibility to make use of this facility to facilitate delivery of the package. Failure to do so resulting in the package being returned to sender, a processing, repackaging (if necessary), and re-delivery fee may apply.
12.3.6 Delivery attempts are made in line with the respective courier’s policies. Generally (but not exclusively) this includes 3 delivery attempts. If after all delivery attempts the parcel has not been received, it will be returned to sender. In this situation a redelivery fee may be charged to cover the cost of processing, repackaging (if necessary) and re-delivery.
12.3.7 It is the customer’s responsibility to ensure the legality of importing items to countries outside the UK.
12.3.8 Destination country Customs agencies may request additional information from the buyer, or charge additional import duties, taxes, or fees on imported goods. It is the customer’s responsibility to provide any requested information by these agencies, and to pay any applicable fees.
12.3.9 Where an order is returned to Us due to non-compliance with any of the Terms, non-co-operation with the delivery carrier or any intermediate customs, border control, or postal agency, a processing fee and re-delivery fee may apply. Where re-delivery is not arranged, refunds (if applicable) will not include the original postage cost.
12.3.10 In the event that your order delivery is refused by the recipient, or otherwise returned to us without authorisation, fees may be payable to cover our processing costs as well as redelivery, and we reserve the right to refuse order cancellation where we may have done so in circumstances prior to the unauthorised return. We are not liable for any issues, including item loss or damage, arising from such unauthorised further onward travel.
12.3.11 In the event of non-delivery due to incorrect or incomplete name or address details being given, we are unable to accept any liability. Your order may be returned to sender, in which event we may charge a fee to arrange redelivery.
12.3.12 In the event of a missing order or non-delivery claim, we may request a written declaration from you confirming non-receipt of your order. Failure to complete and return this documentation within 7 days of issue will mean we may be unable to process your claim.
12.3.13 Delays may sometimes occur as a result of external factors beyond our control. Such events may include but are not limited to; COVID-19, tracking delays, customs delays, natural disaster, force majeure, mail carrier strikes or other service disruptions.
12.3.14 We are not responsible for any incidental loss or material damage arising from a delayed delivery.
12.3.15 In the event of a severely delayed or missing order or parcel, investigation into the parcel’s whereabouts may take place. A replacement or refund will be issued only when the applicable investigative process has been carried out. This process may be subject to the terms of the courier/carrier and will be liable to a maximum timeframe of up to 28 days from the time of a missing item claim being made with the courier.
12.3.16 We are not responsible for any issues arising where the parcel has undergone further onward travel or processing after delivery to the given Shipping address; including but not limited to the use of “parcel hotels” or forwarding services. This may also include instances where delivery has been refused by the customer and the item has undergone further onward travel to be returned to us. This includes any issues relating to culture media, cultures, and other items marked as Sterile or with a Use By/Best Before date.
12.4 Conditions of Sale
12.4.2 We reserve the right to request proof of age and/or identity before fulfilling any order for the purposes of satisfying age restriction laws, fraud prevention, or at our discretion for any reason not specifically stated. Failure to satisfy such a request may result in the cancellation of the order, and refund of any payment already made less fees incurred.
12.4.3 The above clause (12.4.2.) shall apply to the sale of knives and sharp instruments in accordance with UK law. By purchasing any bladed instrument you confirm that you are at least 18 years old, and agree to provide a government approved form of photo ID on request.
12.4.4 Cleared payment is to be received in full prior to order dispatch (or production, in the case of made-to-order items). Invoice payments are due immediately, unless credit terms have been expressly agreed and stated on the invoice.
12.4.5 We reserve the right to cancel any order at our discretion, for any reason.
12.4.6 We reserve the right to refuse service to any person, business, or entity, for any reason.
12.5.1 The subscription plans offered for our products consist of an initial charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
12.5.2 We may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your subscription or payment method. Such notice will not affect charges submitted before We reasonably could act. To terminate your authorisation or change your subscription or payment method, manage your subscription via your My Account page. Alternatively, contact us at email@example.com
12.5.3 By subscribing with Us you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in this document as well as throughout the purchase and checkout process. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
12.5.4 Where a subscription has been terminated which previously had a discount or coupon applied, we are unable to re-apply this discount or promotion to any new subscription, or if the subscription is re-activated.
12.5.5 Auto-renewal. Following your initial order shipment, your subscription will be automatically renewed. You may opt out of automatic renewal up to 5 days before your renewal date by cancelling your subscription through your My Account page.
12.5.6 Orders/subscriptions cancelled within 5 days of the renewal date may still be charged if the payment was already in progress. Once charged, these orders are considered to have been ‘placed’ and are subject to the terms and conditions of a placed order. Pre-poured media, and other ‘sterile’ or made-to-order items are exempt from cancellation or return (See 12.1)
12.5.7 We reserve the right at our discretion not to renew your subscription at any time without giving any reasons for our decision.
12.6 Gift Cards
12.6.1 Gift Cards can be purchased in £ sterling with a minimum value of £10.
12.6.2 Gift Cards will be sent to the delivery email address stated on the individual order. Deliveries will be made immediately after checkout if delivery date is selected as ‘Today’, otherwise the Gift Card email will be issued at 07:00 AM on the selected date.
12.6.3 Gift Cards will normally be dispatched immediately at the scheduled time, however, during busy periods or times of high demand on our servers, it is possible for delays to occur. In the event of delayed fulfilment, we shall not be liable for any loss incurred either directly or indirectly by failure to meet the requested delivery date or time. ‘Loss’ in this instance includes any loss of profit, costs, damages, charges, other expenses, consequential losses and non-financial losses.
12.6.4 Gift Cards, unless otherwise stated, are virtual products and will be fulfilled via email. Order fulfilment is considered to be immediate upon cleared payment as this is when the card code is generated. Delivery is considered complete once the code has been made available to the customer or recipient.
12.6.5 Risk will pass to the customer upon delivery and title will pass upon receipt of payment in full.
12.6.5 We cannot be held liable for lost, stolen or damaged Gift Cards once risk has passed to the customer at time of delivery.
12.6.6 Refunds will not be given on the purchase of any Gift Card. Once your payment has been received your order can only be cancelled by emailing firstname.lastname@example.org
12.6.7 Gift Card quantities should be checked immediately upon receipt. Any discrepancies must be notified immediately to Customer Service by emailing email@example.com. We cannot be held responsible for any shortage or loss of any Gift Cards, nor discrepancies in value, not notified to us within seven working days of delivery.
12.6.8 Payment is taken at the time of purchase of the Gift Card. Cleared payment is required prior to the fulfilment of orders.
12.6.9 Breach of these terms by you will entitle us to seek the appropriate legal remedy available for injunction, damages or otherwise.
12.6.10 The images on the website including those incorporated into gift card design can only be used with the permission of the owner and remain the property of us.
12.6.11 Gift Cards are issued by, and remain the property of, Beacon Hill Mushrooms Ltd.
12.6.12 We may amend the terms and conditions at any time without notice.
12.6.13 All monies on the card must be used by the expiry date which, unless otherwise stated, is 12 months from the date of purchase. Any balance left on the card after this date will expire and be deducted.
12.6.14 The monies on the card cannot be exchanged for cash; the balance cannot be returned if lost or stolen.
12.6.15 To check the remaining balance on your card visit
12.6.16 The card is not a credit, debit or cheque guarantee card.
12.6.17 We reserve the right to amend or withdraw the card on reasonable notice. Your statutory rights are not affected.
12.6.18 Items purchased with Gift Card balance may not be refunded for cash alternative. If return or refund is accepted, this will be issued as Gift Card/Store Credit.
12.6.19 In the event of a breach of any of the terms herein, we reserve the right to cancel any Gift Card at any time and without notice.
13. Promotions and giveaways
13.1.1 All promotions, discounts, special offers, prize draws, and giveaways (“promotions) are offered at the discretion of Beacon Hill Mushrooms, without warranty or guarantee. No substitutions or alternatives are offered. Promotions may be withdrawn at any time and for any reason.
13.1.2 In the event that a free gift, promotional offering, or prize, is unavailable or Out of Stock, we may at our discretion substitute another promotional offering or prize as deemed appropriate by us. Such substitution will not be subject to any exchange, reimbursement, or cash alternative.
13.1.3 All promotions are subject to a Fair Use policy and may be withdrawn at any time and for any reason, including but not limited to; the use of exploits, tricks, or ‘loopholes’, or any action taken with the intention of gaining a greater promotional offering than is being offered by Us.
13.1.4 The above clause (13.1.3) will also include ‘splitting’ orders into multiple transactions in order to circumvent one-per-order promotional restrictions, as well as cancelling an existing order before re-placing it in order to gain a greater promotional benefit.
13.1.7 One-per-user promotions, including ‘new customer’ or ‘first order’ promotions, will consider each household/postal address to be a ‘user’ for this purpose.
13.1.6 Any person or persons blacklisted from our service are ineligible for any promotional benefit.
13.1.8 The decision of Beacon Hill Mushrooms on any matter relating to any promotion is binding and final.
13.1.9 We reserve (persuant to 12.4.4) the right to cancel without notice any order which is deemed, at our discretion, to be in breach of any terms herein.
13.2 Email Signup Prize Draw
13.2.2 Entries are limited to new signups only, who have signed up to our email mailing list via the associated promotional pop-up. Existing subscribers, or those signed-up through other forms or sources, will not be eligible.
13.2.3 Prize draw prize is one £50 Beacon Hill Mushrooms gift card. This may be presented in the form of an electronic gift card. This gift card balance is redeemable site-wide against all non-sale items. This promotional balance may not be used in conjunction with any other offers.
13.2.4 No cash prize, alternative, or substitutions are available.
13.2.5 Winner will be drawn from new subscribers for the promotional period in question. Draw will take place once per calendar month. Winner will be notified by the email address given at signup. User must still be subscribed to the mailing list at the time of the prize draw notification to be eligible, as the prize notification email is deemed to be ‘marketing’ material.
If you have any questions concerning any of the above terms, conditions, or policies, please contact us at: firstname.lastname@example.org.