Terms and Conditions

Effective Date: July 23, 2025

By accessing and using this website (https://fungusheadshop.com), you, the user, acknowledge and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must immediately discontinue use of this website. We reserve the right to update, change, or replace any part of these Terms and Conditions at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Products and Permitted Use

Our products, including mushroom spores and liquid cultures, are sold exclusively for microscopy research and scientific study purposes. Psilocybin mushroom spores are legal for microscopy research in most jurisdictions but are not intended for cultivation, consumption, or any illegal use. You expressly acknowledge and agree that it is your sole responsibility to ascertain and comply with all applicable local, state, and federal laws and regulations regarding the purchase, possession, and use of our products in your specific jurisdiction.

We reserve the right to refuse service, cancel orders, and issue refunds at our sole discretion, particularly if we believe, in good faith, that our products are being acquired or used for purposes other than legitimate microscopy research.

2. Electronic Communications

By using our website, you consent to receive electronic communications from us, which may include emails regarding your orders, transactional updates, important notices, or promotional content. You agree that any electronic communication sent by us satisfies any legal requirement that such communications be in writing. For detailed information on how we collect, use, and protect your personal data, please refer to our separate Privacy Policy, which is incorporated herein by reference.

3. Age Restriction

This website is intended solely for users who are at least eighteen (18) years of age. By accessing or using this site, you affirm and warrant that you are of legal age in your jurisdiction and capable of forming a binding contract with Fungusheadshop.com.

4. Shipping and Delivery

We guarantee next-business-day shipping for all orders placed during business hours. Orders are professionally packed with thermal insulation and cold packs to help maintain product viability during transit. While we are not responsible for delays caused by the shipping carrier, all orders are insured against damage during shipment. In the event of damage, please contact us within 48 hours of delivery with photographic evidence for assistance with a replacement or refund, at our discretion.

5. Clean Culture Guarantee

We stand by the quality of our products with a 90-day Clean Culture Guarantee on all orders. If your spores or liquid culture fail to perform as expected for microscopy research purposes due to contamination or lack of viability, you are eligible for one (1) replacement or a full refund. To claim under this guarantee, you must contact us at support@fungushead.com within ninety (90) days of your original order date, providing your order number and relevant details including photographic or video evidence where applicable. This guarantee is voided by misuse, illegal activity, improper handling, inadequate storage, or failure to adhere to recognized best practices for microscopy research.

6. No Returns Policy

Due to the sensitive nature of our products, we do not accept returns for any products. Refunds and replacements are exclusively handled through our Clean Culture Guarantee as outlined in Section 5.

7. Payments and Pricing

We accept all major credit cards and cryptocurrency payments. Prices for our products are subject to change without prior notice. Any applicable sales tax will be calculated and added at checkout. We reserve the right to refuse or cancel any order, or to limit quantities purchased per person, household, or order, at our sole discretion.

8. Disclaimers and Limitation of Liability

YOUR USE OF THIS WEBSITE AND OUR PRODUCTS IS SOLELY AT YOUR OWN RISK.

To the maximum extent permitted by applicable law, Fungusheadshop.com, its affiliates, officers, directors, employees, agents, and licensors disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, timely, secure, or error-free.

In no event shall Fungusheadshop.com be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
(i) the use or the inability to use the website or products;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the website;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the website;
(v) any other matter relating to the website or products.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fungusheadshop.com, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
(a) your access to or use of the website or products;
(b) your violation of these Terms and Conditions;
(c) your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; or
(d) your failure to comply with all applicable local, state, and federal laws and regulations.

10. Governing Law and Dispute Resolution

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including the formation, interpretation, breach, or termination thereof, shall be resolved exclusively by the federal and state courts located within the State of Colorado, and you hereby consent to the exclusive jurisdiction and venue of such courts.

11. Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Fungusheadshop.com regarding your use of the website and products, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

13. Contact Us

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

Email: support@fungushead.com
Mailing Address:
1500 N GRANT ST #5552
DENVER, CO, 80203, USA