Legal

1 -Terms & Conditions 

Article 1 – Definitions  

For the purposes of these terms and conditions: 

  • Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur; 
  • Day: calendar day; 
  • Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time; 
  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information; 
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; 
  • Model revocation form: the model revocation form made available by the entrepreneur that a consumer can fill in when he wants to exercise his right of revocation; 
  • Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
  • Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication; 
  • Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time. 
  • General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.  

Article 2 – Identity of the economic operator 

Treehouse
P.O.Box 1067
1440 BB , Purmerend
The Hague
Nederland 

info@wholecelium.com

Article 3 – Applicability  

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders between entrepreneur and consumer. 
  2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the terms and conditions can be inspected at the operator and they will be sent to the consumer free of charge as soon as possible at the consumer’s request. 
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. 
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or nullified, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced by a provision that approximates the purport of the original as closely as possible in mutual consultation. 
  6. Situations that are not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. 
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted ‘in the spirit’ of these general terms and conditions. 

Article 4 – The offer  

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. 
  2. The offer is non-binding. The entrepreneur is entitled to change and modify the offer. 
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. 
  4. All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. 
  5. Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colours shown correspond exactly with the real colours of the products.  
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: 

-the price including taxes, but NOT delivery charges;

  • any shipping costs incurred
  • the manner in which the agreement will be concluded and what actions will be necessary for that purpose; 
  • whether or not the right of withdrawal applies; 
  • the method of payment, delivery and execution of the agreement; 
  • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; 
  • whether the contract will be archived after its conclusion, and if so, how this can be consulted by the consumer; 
  • the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him within the framework of the agreement and, if desired, rectify it; 
  • any other languages in which, in addition to English & Dutch, the agreement may be concluded; 
  • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and 
  • the minimum duration of the distance contract in the case of an endurance transaction.  

Article 5 – The Agreement  

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set. 
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract. 
  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. 
  4. The entrepreneur can – within the legal framework – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the operator has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation. 
  5. The Entrepreneur will include the following information with the product or service to the Consumer, in writing or in such a way that the Consumer can store it in an accessible manner on a durable medium: 
  • the email address of the establishment of the entrepreneur where the consumer can go with complaints; 
  • the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal; 
  • information on existing after-sales service; 
  • the data included in article 4 paragraph C of these terms and conditions, unless the trader has already provided the consumer with these data prior to the execution of the agreement; 
  • the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.  
  • In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery. 
  • Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.   

Article 6 – Right of withdrawal  

Upon delivery of products: 

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days. This reflection period commences on the day after receiving the product by the consumer or a representative appointed in advance by the consumer and announced to the entrepreneur. 
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with intact, seals unopened. If an item has been used/opened, the entrepreneur cannot accept the consumer’s withdrawal, due to potential denaturing of the product. 
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.  
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the Entrepreneur, the sale is a fact.  

In case of delivery of services: 

  1. When providing services, the consumer has the option of dissolving the contract without giving any reason to dissolve for at least 14 days, commencing on the day of entering into the agreement. 
  2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader in the offer and / or at the latest at the time of delivery. 

Article 7 – Costs in case of revocation  

  1. If the consumer makes use of his right of withdrawal, at most the costs of returning the goods shall be borne by him. 
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method. 
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product. 
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase contract.   

Article 8 – Exclusion of right of withdrawal  

  1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract. 
  2. Exclusion of the right of withdrawal is only possible for products:  
  • that are clearly personal in nature; 
  • which, by their nature, cannot be returned; 
  • that can spoil or age quickly; 
  • the price of which is linked to fluctuations in the financial market over which the entrepreneur has no influence; 
  • for hygienic products of which the consumer has broken the seal.
  1. Exclusion of the right of withdrawal is only possible for services: 
  • of which the delivery has started with the express consent of the consumer before the expiration of the cooling-off period;     

Article 9 – The price  

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. 
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.  
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions. 
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:  
  • they are the result of statutory regulations or provisions; or 
  • the consumer has the right to terminate the contract as of the day on which the price increase takes effect. 
  1. The prices mentioned in the offer of products or services are inclusive of VAT. 
  2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price.    

Article 10 – Conformity and warranty  

  1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur. 
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition. 
  4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. 
  5. The guarantee does not apply if:  
  • The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties; 
  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been treated; 
  • The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or the quality of the materials used.    

Article 11 – Delivery and execution 

  1. The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.
  2. The place of delivery shall be the address that the consumer has given to the company. 
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notice of this at the latest 30 days after he placed the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer has no right to compensation.  
  4. All delivery times are indicative. The consumer cannot derive any rights from any of these terms. Exceeding a term does not entitle the consumer to compensation. 
  5. In case of dissolution in accordance with paragraph C of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution. 
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur. 
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative, unless expressly agreed otherwise.  

Article 12 – Duration transactions: duration, termination and renewal 

Termination  

  1. The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month. 
  2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period terminate, subject to agreed termination rules and a notice of up to one month. 
  3. The consumer may conclude the contracts referred to in the previous paragraphs: 
  • terminate at any time and not be limited to termination at a specific time or in a specific period of time; 
  • at least denounce them in the same way as they were entered into by him; 
  • always terminate with the same notice as the entrepreneur has stipulated for himself.

Renewal 

  1. A contract entered into for a definite period of time for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period of time. 
  2. Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer at the end of the extension may terminate the contract with a notice of up to one month. 
  3. A fixed-term contract that has been concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may at any time terminate with a notice of up to one month and a notice of up to three months if the contract is intended to regularly, but less than once a month, deliver daily, news and weekly newspapers and magazines. 
  4. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period. 

Duration 

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed term.   

Article 13 – Payment  

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph A. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. 
  2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. 
  3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.  

Article 14 – Complaints procedure  

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. 
  2. Complaints about the implementation of the agreement must be submitted within 7 days fully and clearly described to the entrepreneur, after the consumer has found the defects. 
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer. 
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution. 
  5. In case of complaints, a consumer should first of all turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been reached, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee is associated with costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). 
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. 
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.  

Article 15 – Disputes  

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer resides abroad. 
  2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.  

Article 16 – Additional or different provisions 

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Additional specific terms & conditions

The customer must agree with these 7 conditions when placing an order:

a) Ordering is at the customer’s own risk. We do ship internationally (to many countries in the World) but we cannot keep track of every single law (+ interpretation) on every single one of our products in every single country. The customer agrees to be responsible to respect the laws of his/her own country. Therefore the purchaser promises in every situation not to put any legal action/claim towards our website, our company and any people working for our company.

b) Wholecelium guarantees that all orders that have been paid for will be send out, packed in a decent and discrete way. However, Wholecelium will not be liable for any damage or loss caused by the use, ordering or delivery of our articles to or by you. Unfortunately customs or postal regulations outside Holland could interfere and could cause your shipment to be delayed for several days or not to arrive at all. We do have high shipping success rates though.

c) Customers promise they will not resell our products in a commercial way (legal or non-legal). The purpose of the goodies should only be for personal enlightment, and to share among friends (= added since March 2015). Unless you’re a business with a legal tax-number and commercial ID. If there’s any reason to believe the source of the customer’s payment/fund came from fraudulent origin, or the destination of our products will be different than described above, this will lead to a denial of service from our side plus a refund. 
There is a maximum amount of products per order, and amount someone can order per year. If too bulky we would have to ask for an ID. 

d) Wholecelium does not sell to minors or to big babies. Those who order must be at least 21 years of age and be able and willing to read and follow our instructions carefully. By placing an order, the customer declares to be an adult. If we have a reason to believe this condition is not met, we may have to ask for a copy of identification.

e) We will ship after payment has been received. We ship out multiple times a week.

f) Wholecelium’s products & services are applicable to Dutch laws.

g) The customer promises to read the product information on our website (and elsewhere on the web) before ordering and before using or consuming the goods. Wholecelium sees informing visitors about it’s products as one of it’s main goals but is not responsible in any way for accidents or damages caused to person(s) or goods, by any product to the purchaser of our products. There could be potential risks, besides benefits, in taking shrooms. In case of doubt, please abstain. 
Although a growing amount of people (also in the academic world) believes shrooms can bring benefits for someone’s life when used wisely, this is not a fully accepted view in mainstream healthcare as yet. Hence, as long as our products are still ‘experimental’, Wholecelium does not make any ‘official’ medical claims. 

2 - Product Legality

Dutch Law

Wholecelium is a legal company with a tax number and an office, just like any other serious business. If you order in our webshop, the sale officially takes place in the Netherlands, because that’s the country where the company is registered. We have to respect Dutch law and the Dutch law will respect us back. 

Magic Mushroom Grow Kit Legality 

Grow Kits are 100% legal for us to sell. Our grow kits do not contain psilocybin. They are not mushrooms – they’re spores and mycelium. 

Magic Truffles Legality

Magic Truffles do not fall under any law. They are 100% legal for us to sell. This is because the truffle is different from the mushroom  and not mentioned on the official list of Schedules of controlled substances in the Dutch Opium Act. Thus, under the legality, it is prohibited to defining truffles as illegal. This was explicitly confirmed by the Dutch Minister of Health in Parliament on February 9, 2009. 

Sclerotium Tampenensis or magic truffle is the subterranean substratum of the mushroom Tampanensis. Sclerotium Tampenensis is freely available in The Netherlands. On December 1, 2008 a new Ministerial Decree made the hallucinogenic mushroom punishable in The Netherlands. This happened by introducing a considerable amount of specific named mushrooms on the official Schedules of controlled substances of the Dutch Opium Act. One of these newly controlled mushrooms is the Tampanensis. However, the magic truffle itself is not a mushroom. It is only the subterranean substratum of the Tampanensis from which the mushroom can grow. This view is confirmed by scientists like Thom Kuyper, Professor Fungal Ecology and Diversity at the University Wageningen. The truffle must be distinguished from the mushroom. Additionally, the principle of legality is fundamental to criminal law. This principle guarantees that nothing is a crime unless it is clearly forbidden in a law. As a consequence the court applying criminal law shall never interpret a penal provision extensively. The same goes for the truffle. Because the truffle is scientifically distinguished from the mushroom and not explicitly mentioned on the official Schedules of controlled substances of the Dutch Opium Act, the principle of legality prohibits defining them as illegal. This was on February 9, 2009 once more explicitly confirmed by the Dutch Minister of Health in Parliament.

European Law

EU trade law says that if a product is legal in 1 EU country it is therefor in effect legal in ALL EU countries. So in case our types of products are not allowed by your government: the ban in your country is illegal, not our products. This logic follows from the jurisprudence which relegalized absinthe in the EU. 

Our products are 100% legal in Holland. There is no priority for custom control in EU countries to look for shroom products. Health risks for shrooms are very low, when compared with other drugs such as alcohol or cocaine.

International Treaties 

The truffle or Sclerotium Tampenensis is neither under control of any international Convention like the 1971 Convention on Psychotropic Substances. This convention never intended to impose control of biological substances from which psychotropic sub stances could be obtained (Commentary on the Convention on Psychotropic Substances, Vienna, 21 February 1971, United Nations New York, 1976/CN/7/589, chapter Reservations, art. 32 PSV (sub 5, p. 385). In a United Nations Conference for the adoption of a protocol on psycho tropic substances, it was discussed psychotropic substances can be found in a large diversity of living organisms, among which are mushrooms, cacti, fishes, and nuts (tenth plenary meeting at Vienna on 2 February 1971, discussing article 6 of the Draft Convention, Records 1971, Volume II, p. 38/39). Any endeavor to control this could result in the extinction and annihilation of a currently unpredictable diversity of plants and animals and would have unforeseeable consequences for food laws. The authors of the Conven tion on Psychotropic Substances warned against those exact consequences 

This interpretation of the Convention is still endorsed by the INCB. This is the International Narcotics Control Board: the watchdog of the United Nations drug policy. Already on September 13, 2001, the Secretary van de INCB, Herbert Schaepe wrote to the Dutch Senior Inspector for Health Care: As you are aware, mushrooms containing the above substance are collected and abused for their hallucinogenic effects. As a matter of international law, no plants (natural material) containing psilocine and psilocybine are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made of these plants are not under international control and, therefore, not subject to any of the articles of the 1971 In summary; although psilocine and psylocybine itself are controlled by the Convention, this does not imply that the plants containing these substances by nature are also under control of the Convention. 

This opinion of the INCB is confirmed in her last report of 2010, in which is written: — although some active stimulant or hallucinogenic ingredients contained in certain plants are controlled under the 1971 Convention, no plants are currently controlled under that Convention or under the 1988 Convention. Preparations (e.g. decoctions for oral use) made from plants containing those active ingredients are also not under international control. (—) Examples of such plants or plant material include magic mushrooms (Psilocybe), which contain psilocybine and psilocine (Report of the International Narcotics Control Board for 2010, E/INCB/2010/1, published on March 2, 2011, recommendations 284 and 285).

The Dutch courts refer to the Conven tion on Psychotropic Substances in its interpreta tion of the Dutch legisla tion. As a result, fresh mushrooms were not under control of the Dutch Drug Act until December 1, 2008. After all, for penalization new national legislation was needed. The INCB expresses the same view in her report of 2010, where it recommends member states experiencing problems with regard to persons abusing plant material because of the hallucinogenic ingredients it contains, to consider controlling such plants at the national level. The possession of such plants is not punishable unless a prior law says so. The principle of legality constitutes a fundamental human right protected by international conventions that also has to be respected by the member states of the United Nations. This implies that hallucinogenic mushrooms are legal unless national legislators or courts have explicitly penalized them. The same goes for truffles, which are scientifically distinguished from mushrooms. The Dutch example shows that bringing a specific hallucinogenic mushroom under the control of the Drug Act, does not imply that also the subterranean substratum of that mushroom, the magic truffle, is controlled by that Act. For that reason it is advisable to carefully check in every country where you want to buy, sell or possess truffles, if these are explicitly made punishable by national laws or other regulations. As long as this is not the case, they must be assumed freely marketable.
 

 

3 - Privacy

Privacy Statement 

About our privacy policy

Wholecelium cares greatly about your privacy. We exclusively process data that we need for (improving) our services, and carefully handle all information gathered about you and your usage of our services. Your data is not shared with third parties for commercial goals. This privacy policy applies to the use of the website and the services provided by Wholecelium. The starting date for the validity of these terms and conditions is 01/05/2020, with the publication of a new version the validity of all previous versions is canceled. This privacy policy describes what information about you is collected by us, what this data is used for and with whom and under what conditions this data could be shared with third parties. We also explain to you how we store your data, how we protect your data against misuse and what rights you have regarding the personal data you provide us.

If you have any questions about our privacy policy, please contact our privacy contact person, you will find the contact details at the end of our privacy policy.

About our dataprocessing

Below you can read how we process your data, where we save it, what security techniques we use and to whom the data is visible.

Webshopsoftware

MijnWebwinkel

Our webshop has been developed using MijnWebwinkel a.k.a. MyOnlineStore software. Personal data gathered with the use of our website and services is shared with MyOnlineStore. MyOnlineStore requires access to these details to offer (technical) support. They will not use this data for any other purposes. MyOnlineStore has an obligation, based on the agreement we have with them, to take necessary precautions and security measures when it comes to your personal data. MyOnlineStore uses cookies to gather technical information about the use of the software. No personal data is gathered and/or stored. MyOnlineStore maintains the right to internally share the gathered data to improve its own services.

E-mail and mailinglists

Office365

For our regular business email, we use the email services of Office365. This party has implemented fitting technical and organisational measures to prevent misuse, loss or corruption of your data. Office365 does not have access to our mailbox and we treat our email-traffic confidentially.

Payment processors

Pay.nl

For concluding and processing (part of) our payments in our webshop we use the payment provider Pay.nl. Pay.nl processes your name, address and residence information. They also process payment information such as your bank account number or credit card number. Pay.nl has implemented fitting technical and organisational measures to protect your personal data. Pay.nl retains the right to use your personal (anonymized) information to further

improve their services and, within this context, share it with third parties. In case of a request for a postponed payment (credit facility) Pay.nl will share personal and order information with the appropriate payment provider. All the aforementioned guarantees in regard to the protection of your personal data are also applicable to any services by Pay.nl that uses third parties. Pay.nl does not store your data any longer than the instalments permitted by the appropriate legal grounds.

Transport and logistics

PostNL

If you place an order with us it is our responsibility to have your order successfully delivered to you. For the delivery we use the services of PostNL. For a successful delivery it is important that we share you name, address and residential details with PostNL. PostNL uses this information with the sole purpose to carry out the agreement of delivery. In case of PostNL hiring subcontractors, they will share said information with these parties.

Accounting and Bookkeeping

MoneyBird

For our accounting, administration and bookkeeping we use the services of MoneyBird. We share your name, address, residential details and general details concerning your order/purchase. This data is used for the administration of sales invoices. Your personal data is securely sent and stored, MoneyBird has implemented fitting technical and organisational measures to protect your personal data against loss or unauthorised use. MoneyBird is obligated to a duty of confidentiality and will treat your data accordingly. MoneyBird does not use your personal data for any other purposes other than those previously described above.

Purpose of data processing

General purpose of data processing

We use your data with the sole purpose of providing you with our services. This means that the goal of processing this data stands in direct relation to the assignment or task that you offer us. We do not use this data for (addressed) marketing purposes. If you share information with us and we use this information to – not based on a request – contact you at a later time, we will first ask for explicit consent. Your data is not shared with third parties, with any other purpose than to fulfil accountancy and administrative obligations. These third parties are all obligated to a duty of confidentiality based on the agreement we have with them, an oath or legal obligation.

Automatically collected data

Information automatically gathered by our website is processed with the sole purpose of providing you with and/or to further improve our services. This information (for instance your IP address (anonymised), web browser and operating system) is not personal information.

Cooperation in tax and criminal investigation

In some cases, we may be obligated by government to a lawful duty of sharing your information with the purpose of assisting in a fiscal or criminal investigation. In such cases we are forced to comply and assist, but will, based on lawful possibilities, offer objection.

Retention periods

We store your data for as long as you are a client with us. This means that we maintain and keep your client profile until you make it known to us that you no longer desire to use our services. Such a message also functions as a

request to be forgotten. We are required to keep invoices with your (personal) information due to relevant administrative obligations, this information is safely stored for as long as the relevant term for these obligations has not yet passed. Personnel no longer has access to your client profile and any documents made because of your assignment or task.

Your rights

Based on valid Dutch and European law you, as a concerning party, have certain rights when it comes to personal data that is processed by or on behalf of us. Below you may find an explanation of these rights and how you, as a concerning party, can invoke these rights. In principle to prevent abuse we only send invoices and copies of your data to e-mail addresses that you have made known to us. Should you wish to receive this data on another e-mail address or for instance per mail we will ask you to identify yourself accordingly. We maintain an administration of concluded requests, in case of a request to be forgotten we will maintain an administration of anonymised data. You receive all invoices and copies of data in files that are structured in a machine-readable format Based on data classifications that we use within our system. At all times you maintain the right to lodge a complaint with Autoriteit Persoonsgegevens if you suspect that we mistreat or misuse your personal data.

Right of inspection

At all times you maintain the right to view the data we process that has a relation or may be reducible to your person. You may request such a viewing to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a copy of all data with an added overview of processors managing this data while also mentioning the categories under which we store this data.

Right to rectification

At all times you maintain the right to have the data we process that has a relation or may be reducible to your person be adjusted. You may request such an adjustment to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a confirmation that the data has been adjusted.

Right to restriction of processing

At all times you maintain the right to limit the data we process that has a relation or may be reducible to your person. You may request such limiting to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, a confirmation that the processing of your data is limited until you chose to cancel said limitation.

Right of transferability

At all times you maintain the right to request for the data we process that has a relation or may be reducible to your person be processed by a third party of choice. You may send in such a request to our contact in charge of privacy matters. You will receive a response to your request within 30 days. If your request is approved we will send you, via the e-mail address known to us, your (personal) invoices or copies of data that we, or third parties on behalf of us, have processed. It is highly likely that in such a case we can no longer offer our services to you for we can no longer guarantee the previous data safety.

Right of objection and other rights

At all times you maintain the right to object to the processing done by us, or on behalf of us by third parties, of your personal data. In case of such an objection we will immediately cease all processing of your data while your objection is being investigated and handled. In case of a justified objection we will return all invoices and/or copies of personal data that we, or third parties on behalf of us, have processed up until that point and cease processing thereafter. You also maintain the right to not be subject of automated decision-making processes or profiling. We process your data in such a way that this right does not apply. Should you believe that this right does apply then we ask you to reach out to our contact in charge of privacy matters.

Privacy policy changes

At all times we maintain the right to alter our privacy policy. This page however always displays the most recent version of our privacy policy. Should a new privacy policy have consequences for the ways in which we process recently gathered data in regard to your person, then we will notify you of this via e-mail.

Company details : Treehouse

P.O.Box 1067

1440 BB , Purmerend

Netherlands 

info@wholecelium.com

 

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