For the purposes of these terms and conditions:
1440 BB , Purmerend
-the price including taxes, but NOT delivery charges;
Upon delivery of products:
In case of delivery of services:
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
1440 BB , Purmerend
Wholecelium values privacy just as much as you do.
Therefore we do not sell, rent or otherwise distribute contact information from our customers to any other parties.
We are a registered business offering only legal products, and therefore our customers are protected from infringement or inspection from the Dutch government.
We use a secure databank, and our webshop-forms are SSL protected.
Ordering at Wholecelium requires the customer to enter their name, address and email address.