Terms of service
TERMS AND CONDITIONS
Effective Date: January 1 2024
Last Updated: September 20 2024
These Terms and Conditions ("Terms") govern the relationship between Natural Chaga OÜ (aka MUSHEEZ), a company registered in Estonia, and any buyer (the "Buyer") or visitor to our website. By purchasing our products or accessing our website, you agree to be bound by these Terms. This document is designed to apply whether you engage with us via our website or through other means, such as email.
You can review the most current version of these Terms at any time on our website or request a copy via email. By continuing to use our website or by placing an order through any means, you accept any changes or updates made to these Terms.
Company Details
Natural Chaga OÜ (aka MUSHEEZ)
Kõrve, Pillapalu, Estonia, 74502
Tel: +372 55929479
Email: business@musheez.eu
Business registry code: 14486621
VAT code: EE102081273
EORI: EE14486621
1. Scope
1.1. These Terms apply to all transactions and interactions between Natural Chaga OÜ and the Buyer, including those conducted via our website, email, or other means. They cover the purchase of products, including functional mushroom extracts, cosmetics, drinks, and other beauty and wellness products or ingredients.
1.2. By using our website or making a purchase through any channel including email, you agree to comply with these Terms and any applicable laws and regulations.
1.3. These Terms are available online and may also be included on, or linked to from, invoices, delivery notes, and sales orders. Any changes to the Terms will be communicated through updates to our website or directly via email.
2. Order Process
2.1. All orders placed by the Buyer are subject to acceptance by Natural Chaga OÜ.
2.2. The Buyer agrees to provide accurate and complete information when placing an order. Natural Chaga OÜ is not responsible for errors resulting from inaccurate or incomplete details provided by the Buyer.
2.3. Minimum order quantities and special conditions may apply to custom/private label or bulk orders.
3. Pricing and Payment Terms
3.1. All prices are exclusive of VAT unless otherwise stated. Taxes, duties, or other applicable levies will be added to the invoice amount.
3.2. Prices may change without notice, but confirmed orders will be honored at the agreed-upon price.
3.3. Payment terms are 5 days from the invoice date unless otherwise agreed in writing. Natural Chaga OÜ operates a first-paid, first-served policy, meaning that order fulfillment and production are scheduled only after payment is received.
3.4. Payments can be made in euros via Stripe, PayPal, or bank transfer, as specified during the order process.
3.5. Natural Chaga OÜ reserves the right to charge interest on overdue payments at a rate of 2% per month in accordance with applicable EU regulations.
4. Delivery and Shipping
4.1. Delivery times are estimates and not guarantees. Natural Chaga OÜ is not responsible, and will not be held liable, for delays due to circumstances beyond its control.
4.2. Shipping costs are borne by the Buyer unless otherwise agreed. The risk of loss or damage passes to the Buyer upon delivery to the carrier.
4.3. For international deliveries, the Buyer is responsible for any customs duties, taxes, or other regulatory requirements.
5. Product Quality and Certification
5.1. Natural Chaga OÜ ensures that all products comply with applicable EU laws and regulations, including organic certification standards where relevant.
5.2. The Buyer is responsible for complying with any national import, export, or retail regulations related to the sale, or resale, of the Products in their respective markets including label and packaging visual and text content, notification of putting on the chosen market in the country of the Buyer, marketing and so on. It is important to note that there are no EFSA or FDA approved health claims for mushroom extract products or ingredients unless stated or proven otherwise.
6. Returns and Refunds
6.1. Products may only be returned with prior written consent from Natural Chaga OÜ.
6.2. Custom, private label, white-label products, and ingredients are non-returnable unless defective.
6.3. Approved returns must be in original packaging and in a resellable condition, except for defective products.
6.4. Refunds will be provided for defective products or products not conforming to agreed specifications, subject to confirmation by Natural Chaga OÜ.
6.5. The Buyer is responsible for inspecting the Products upon receipt and notifying Natural Chaga OÜ of any defects or non-conformities in writing by email within 7 days.
6.6. If the Buyer fails to notify Natural Chaga OÜ within this period, the Products are deemed accepted, and any claims for defects or non-conformities will be invalid.
7. Limitation of Liability
7.1. Natural Chaga OÜ is not liable for any indirect, incidental, or consequential damages, including loss of profit, business, or reputation.
7.2. Liability is limited to the value of the products sold to the Buyer.
7.3. In the event of a product defect, Natural Chaga OÜ’s sole obligation is to replace the defective product or provide a refund.
8. Intellectual Property
8.1. All intellectual property related to the products, including trademarks, formulations, recipes, and designs, is the property of Natural Chaga OÜ or its licensors.
8.2. The Buyer may not use any intellectual property belonging to Natural Chaga OÜ without prior written consent.
8.3. Any and all recipes or formulations developed or used by Natural Chaga OÜ to fulfill the Buyer’s orders remain the intellectual property of Natural Chaga OÜ. This includes proprietary blends and processes unless a full formulation, including exact quantities and qualities of ingredients, has been provided by the Buyer and accepted without modification by Natural Chaga OÜ.
8.4. Exclusivity of any recipe or formulation is not granted unless explicitly agreed in writing by Natural Chaga OÜ. Natural Chaga OÜ reserves the right to supply the same or similar formulations to other clients but will make reasonable efforts not to supply such formulations to direct competitors of the Buyer in markets where the Buyer can demonstrate active marketing and substantial sales volume, as determined by Natural Chaga OÜ.
9. Confidentiality
9.1. Any proprietary or confidential information exchanged between Natural Chaga OÜ and the Buyer shall remain confidential and may not be disclosed to any third parties without written consent.
9.2. This obligation survives the termination of any contractual relationship.
10. Governing Law and Jurisdiction
10.1. These Terms are governed by the laws of Estonia and the European Union.
10.2. Any disputes will be settled in the competent courts of Estonia unless otherwise agreed in writing.
11. Warranties
11.1. Natural Chaga OÜ warrants that all products sold conform to the agreed specifications at the time of order.
11.2. No other warranties, express or implied, are made by Natural Chaga OÜ, including but not limited to warranties of merchantability or fitness for a particular purpose unless specifically stated otherwise.
12. Severability
12.1. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full effect.
13. Termination
13.1. Natural Chaga OÜ reserves the right to terminate any agreement or order for breach of these Terms, including but not limited to non-payment or violation of intellectual property rights.
13.2. Upon termination, any outstanding payments owed by the Buyer shall become immediately due and payable.
14. Force Majeure
14.1. Natural Chaga OÜ shall not be held liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, natural disasters, supply chain disruptions, or governmental restrictions.
14.2. In the event of a Force Majeure event, Natural Chaga OÜ will notify the Buyer as soon as reasonably practicable, and the parties will seek to find a mutually agreeable solution to resume the contract obligations once the event subsides.
15. Indemnification
15.1. The Buyer agrees to indemnify, defend, and hold harmless Natural Chaga OÜ and its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from the Buyer's use of the Products, breach of these Terms, or violation of any laws, rights, or third-party agreements.
15.2. This indemnification obligation survives the termination or expiration of these Terms.
16. Third-Party Links and Services
16.1. Our website or service may contain links to third-party websites, or provide access to tools and services over which Natural Chaga OÜ has no control.
16.2. Natural Chaga OÜ is not responsible for examining or evaluating the content, accuracy, or practices of any third-party websites or services, and makes no warranty regarding their content or services.
16.3. The Buyer acknowledges and agrees that any use of third-party services or reliance on links to third-party websites is at their own risk.
Contact Information
Questions about these Terms should be sent to:
Email: robin@naturalchaga.eu