Terms and Conditions

Payment Terms

Payment Methods

By making a purchase on our website, you agree to these payment terms and conditions. We reserve the right to update or modify these terms at any time without prior notice. If you have any questions or concerns, please contact us at carlos@happylittlefungi.com.

Payment Processing

Payment processing will occur at the time of purchase. Any fees associated with payment processing will be clearly displayed during the checkout process.

Payment Due Date

Payment is due at the time of purchase or within 14 days after the order is placed.

Late Payments

Late payment fees may be charged if payment is not received within the specified payment terms.

Currency

We accept payment in US dollars.

Payment Security

We take measures to protect payment information and prevent fraud. We use industry-standard encryption and secure payment gateways to process payments.

Payment Dispute Resolution

Any dispute arising out of or related to these Terms and Conditions, including the validity or enforceability thereof, shall be resolved through the following dispute resolution procedures:

Negotiation

The parties shall attempt to resolve any dispute arising out of or relating to these Terms and Conditions through good faith negotiations. Either party may initiate negotiations by providing written notice to the other party. The parties shall have 30 days from the date of the written notice to resolve the dispute through negotiations.

Mediation

If the parties are unable to resolve the dispute through negotiation, the parties shall submit the dispute to mediation. The mediator shall be selected by mutual agreement of the parties, or if they are unable to agree, by a court or other legal authority with jurisdiction over the matter. The mediation shall take place within 60 days after the notice of dispute is given, unless otherwise agreed by the parties. The cost of mediation shall be shared equally by the parties.

Arbitration

If the parties are unable to resolve the dispute through mediation, the parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place within 90 days after the notice of dispute is given, unless otherwise agreed by the parties. The cost of arbitration shall be shared equally by the parties.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of State of Tennessee, and any dispute arising out of or relating to the agreement would be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration held in Memphis, Tennessee. Any legal action arising out of or relating to these Terms and Conditions shall be brought in the courts located in State of Tennessee, and any dispute arising out of or relating to the agreement would be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration held in Memphis, Tennessee.

Equitable Relief

Notwithstanding the foregoing, either party may seek equitable relief, including injunctive relief and specific performance, in any court of competent jurisdiction to enforce the provisions of these Terms and Conditions.

Attorneys' Fees

In the event of any dispute arising out of or related to these Terms and Conditions, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

Waiver of Jury Trial

Each party waives any right to a jury trial in any legal proceeding arising out of or related to these Terms and Conditions. If any provision of this Dispute Resolution clause is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Returns and Refunds Policy

We want you to be completely satisfied with your purchase. If for any reason you are not satisfied, please review our returns and refunds policy below.

Return Requirements

To be eligible for a return, the product must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase.

Return Shipping: Customers are responsible for the cost of return shipping. We recommend using a trackable shipping service and purchasing shipping insurance. We are not responsible for any lost or damaged items during the return shipping process.

Restocking Fees

It’s possible that we may charge restocking fees for returns. In most cases, we do not charge fees.

Refunds

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain number of days.

Exchanges

If you need to exchange a product for the same item or a different product, please contact us at carlos@happylittlefungi.com. We will work with you to arrange the exchange and any associated costs.

If you have any questions or concerns about our returns and refunds policy, please contact us at carlos@happylittlefungi.com. We reserve the right to update or modify this policy at any time without prior notice.

Shipping Policies

Include information about shipping fees, delivery times, and any other relevant details such as shipping restrictions or delivery options.

Shipping Methods

We offer standard or express shipping, and provide information about the shipping carrier at the time your shipping label is purchased. Your order will be shipped either on Tuesdays or Thursdays. Sometimes it will be shipped the same day if ordered before noon. Delivery times are between 2-5 business days no matter UPS, USPS, or FedEx shipments.

Shipping Costs

Shipments to Alaska and Hawaii will always incur a $20.00 additional cost. We cannot fulfill orders over $5,000 at the current moment. Orders over $35 will be free. You can choose between standard and expedited. Standard is anywhere from 3-5 days. Expedited is typically 2-4 days. Depending on your delivery area, shipping may take an additional 2 days. Most orders will arrive within 3-4 days. Expedited shipping costs an additional minimum of $10.

Order Processing Time

Most orders are processed 5 days a week during normal business hours. Grow kits and other mushroom gardening supplies are made-to-order and have a longer processing time than in-store items. Shipping occurs every Tuesday and Thursday. Holidays may create potential delays. The weather may also impact the processing or shipping times. For delays in shipping, please contact your shipping provider. Your order matters to us and we will ship it out as soon as possible.

International Shipping

We do not offer international shipping.

Shipping Confirmation

Customers will receive confirmation for their shipment at the time their shipping label is purchased. Shipments occur every Tuesday and Thursday and customers will receive an additional notification via their email. The automated email notification will include our email, tracking number, and other relevant information.

Lost or Damaged Packages

We take great care to ensure that your order is packaged securely and arrives in good condition. However, in the unlikely event that your package is lost or damaged during shipping, we have the following policies in place:

Lost Packages

If your package is lost in transit, please contact us as soon as possible. We will work with the shipping carrier to locate your package and provide updates on its status. If the package cannot be located and is confirmed as lost, we will either issue a replacement or provide a refund, at our discretion.

Damaged Packages

If your package arrives damaged, please take photos of the damaged item(s) and packaging and contact us as soon as possible. We will work with the shipping carrier to file a claim and provide a replacement or refund, at our discretion. Please do not discard any damaged items or packaging until we have completed the claim process.

Please note that any claims for lost or damaged packages must be reported within 30 days of the original shipment date. We are not responsible for any lost or damaged packages that are reported after this time.

We appreciate your understanding and cooperation in the rare event of a lost or damaged package. Our goal is to ensure that you receive your order in a timely and satisfactory manner, and we will do our best to resolve any shipping issues as quickly and efficiently as possible.

Returns and Exchanges

Include information about how to request a return or exchange due to a shipping error, such as a wrong or damaged item, and explain how the shipping cost for a return or exchange will be handled. Contact carlos@happylittlefungi.com to initiative the process.

Product Information

Mushroom gardening supplies and accessories are intended for legal and educational purposes only. We want to emphasize that we do not condone the growth or distribution of illegal mushrooms in any way. It's important to abide by local laws and regulations regarding mushroom cultivation, and we encourage our customers to research and understand these laws before using our products. We hope that our supplies and resources will help you grow your own legal and delicious mushrooms and that you will join us in promoting responsible and lawful mushroom cultivation. By using our products, you pledge to abide by the "Know before you Grow" disclaimer.

Know Before You Grow Disclaimer

We at Happy Little Fungi, LLC encourage legal and responsible cultivation of mushrooms. It is your responsibility to ensure that you are cultivating legal mushrooms in your area. We reserve the right to deny assistance to anyone attempting to cultivate a controlled substance or any other illegal activity.

We do not condone the cultivation or use of illegal mushrooms or any other controlled substance. It is important to note that laws and regulations surrounding the cultivation and use of mushrooms vary widely depending on your location. It is your responsibility to research and understand the laws in your area before attempting to cultivate any mushrooms.

By purchasing from our store, you acknowledge that you understand and agree to comply with all applicable laws and regulations regarding mushroom cultivation. You also acknowledge that we reserve the right to deny assistance to anyone attempting to cultivate illegal mushrooms or any other controlled substance.

If you have any questions or concerns, please contact us at carlos@happylittlefungi.com. We reserve the right to update or modify this disclaimer at any time without prior notice.

Disclosure Regarding Third-Party Vendors

At times, we may mention third-party vendors on our blog to provide our readers with additional resources and information related to our products and services. Please note that these mentions are not endorsements of these vendors, and we are not affiliated with them in any way except for our Amazon affiliate links, which are clearly marked.

We do not receive any compensation for mentioning these vendors or their products, and we make no guarantees or warranties about the quality or safety of their products or services. It is your responsibility to conduct your own research and due diligence before making any purchases from these vendors.

We take pride in providing our readers with accurate and helpful information, and we want to be transparent about our relationship with third-party vendors. If you have any questions or concerns about our disclosure, please contact us at carlos@happylittlefungi.com.

Privacy Policy

We take your privacy seriously and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, and share your personal data, and the steps we take to safeguard your information.

Information Collection and Use

We collect personal information when you make a purchase, sign up for our newsletter, or contact us through our website. The information we collect may include your name, address, email address, and phone number.

We use your personal information to process your orders, communicate with you about your purchases, and provide you with information about our products and services.

We do not share or sell your personal information to third parties, except for the purposes of fulfilling your orders or as required by law.

Data Security

We take the security of your personal information seriously and use a variety of security measures to protect your data, including SSL encryption for credit card transactions.

We also use additional security features to prevent unauthorized access to our website and your personal information.

Newsletter and Email Communications

If you sign up for our newsletter or other email communications, we may use your personal information to send you promotional and marketing materials about our products and services. You may opt out of receiving these communications at any time by clicking the unsubscribe link at the bottom of the email or by contacting us directly.

Our website uses cookies to improve your browsing experience and to provide us with information about how our website is being used. You can choose to disable cookies in your browser settings, but please note that some features of our website may not function properly without cookies.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time, and any changes will be posted on our website. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your personal information.

If you have any questions or concerns about our Privacy Policy, please contact us at carlos@happylittlefungi.com.

Intellectual Property

All content and materials available on our website, including but not limited to text, graphics, logos, images, and software, are the property of our company or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, display, or transmit any content or materials from our website without our prior written consent. Unauthorized use of our intellectual property may result in legal action.

All trademarks, service marks, and trade names used on our website are the property of our company or their respective owners, and may not be used without our or their prior written consent.

You agree to indemnify and hold harmless our company and its affiliates from any claims, damages, or expenses arising out of your use of our intellectual property without our prior written consent.

If you believe that any content or materials on our website infringe upon your intellectual property rights, please contact us immediately and we will investigate and take appropriate action. We respect your intellectual property and will take swift action.

Limitation of Liability

By purchasing and using our products or services, you agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use our products or services.

We shall not be liable for any damages or losses incurred by customers using our products or services, including but not limited to personal injury, property damage, lost profits, business interruption, or any other commercial or economic losses, even if we have been advised of the possibility of such damages.

Our liability shall be limited to the extent permitted by law. In no event shall our total liability to you exceed the amount paid by you for the products or services purchased from us.

This limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms and conditions.

If you have any questions or concerns, please contact us at carlos@happylittlefungi.com. We reserve the right to update or modify this limitation of liability at any time without prior notice.

Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. Any dispute arising out of or relating to this agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Memphis, Tennessee

Indemnification

By using our products or services, you agree to indemnify and hold us, our affiliates, and our respective officers, directors, agents, and employees harmless from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or in connection with your use of our products or services, any content or materials that you submit or upload to our website, or any violation of these terms and conditions or any applicable laws or regulations.

You agree to cooperate fully with us in the defense of any claim or action, and you agree not to settle any claim or action without our prior written consent.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent.

This indemnification section shall survive any termination or expiration of these terms and conditions.

Termination

Either party may terminate this agreement upon written notice to the other party if:

The other party breaches any material term or condition of this agreement and fails to remedy such breach within 30 days of written notice specifying the breach; or
The other party becomes insolvent or files for bankruptcy, or if any proceedings are commenced by or against the other party relating to bankruptcy or insolvency.

Upon termination of this agreement, all rights and obligations of the parties under this agreement shall terminate, except for any rights or obligations that by their nature should survive termination, including but not limited to the following provisions: any provisions outlined in these terms and conditions.

Termination of this agreement shall not affect any rights or obligations that have accrued prior to the effective date of termination.

If you have any questions or concerns, please contact us at carlos@happylittlefungi.com. We reserve the right to update or modify this termination clause at any time without prior notice.

Modification of terms

We reserve the right to modify or amend these terms and conditions at any time. Any changes or updates to these terms will be posted on our website and will become effective immediately upon posting. Your continued use of our website and services following any modifications or amendments to these terms indicates your acceptance of the new terms. It is your responsibility to review these terms regularly to stay informed about any changes or updates. If you do not agree to the new terms, you may terminate your use of our website and services at any time. We reserve the right to refuse service, terminate accounts, or deny access to our website or services to anyone who violates these terms or any applicable laws or regulations.

Entire agreement

These Terms and Conditions constitute the entire agreement between Happy Little Fungi, LLC and the customer, superseding any prior agreements or understandings, whether written or oral. Any modifications to these Terms and Conditions must be made in writing and agreed upon by both parties. If any provision of these Terms and Conditions is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Severability

If any portion of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be deemed modified to the extent necessary to make it enforceable while retaining the intent of the parties as closely as possible. If modification is not possible, such provision shall be deemed deleted. The failure of either party to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions.

Disclaimer of Warranties

We strive to provide high-quality products and services to our customers, including our grain jars for growing mycelium. However, we do not make any guarantees or warranties regarding the growth of mycelium or the success of your mushroom growing endeavors.

We do offer a replacement policy for contaminated grain jars within 30 days at no charge and within 60 days for an additional charge. We also guarantee to replace any item that arrives broken or inoperable. Replacement of jars is at the sole discretion of Happy Little Fungi, LLC.

Please note that mycelium growth is a complex process that depends on a variety of factors, including environmental conditions, proper handling, and maintenance of equipment. While we will do our best to troubleshoot any problems you may encounter and help you achieve your mushroom-growing goals, we cannot guarantee a successful outcome.

Please note that our warranty only covers the specific instances mentioned above and does not extend to any other damages or defects caused by misuse, mishandling, or normal wear and tear. Additionally, we cannot be held responsible for any damages or losses incurred as a result of the use or inability to use our products.

We strive to provide high-quality products and stand by their performance. However, we cannot guarantee that our products will meet your individual expectations or requirements. It is your responsibility to use our products appropriately and in accordance with any instructions or guidelines provided.

If you have any questions or concerns about our warranty or the use of our products, please contact us at carlos@happylittlefungi.com.

Force Majeure

Force majeure events are unforeseeable and unavoidable circumstances beyond our control, such as natural disasters, acts of war, terrorism, or government restrictions, that may prevent us from fulfilling our obligations under these terms and conditions.

In the event of a force majeure event, we shall be excused from the performance of our obligations under these terms and conditions for the duration of the force majeure event, and shall not be liable for any damages, losses, or expenses incurred by you or any third party as a result of such non-performance.

We shall use reasonable efforts to mitigate the effects of any force majeure event and to resume the performance of our obligations as soon as reasonably practicable after the cessation of the force majeure event.

If a force majeure event continues for more than 30 days, either party may terminate these terms and conditions upon written notice to the other party, without liability or obligation to the other party.

This force majeure section shall not relieve either party of its obligation to make any payments due and owing under these terms and conditions.

Customer Obligations

By purchasing and using our products or services, you agree to the following obligations and responsibilities:

Provide accurate and complete information

You agree to provide accurate and complete information when making a purchase, signing up for our newsletter, or contacting us through our website. This includes your name, address, email address, and phone number.

Comply with all laws and regulations

You agree to comply with all applicable laws and regulations when using our products or services. This includes but is not limited to local, state, and federal laws and regulations related to the use, possession, and cultivation of mushrooms and other fungi.

Refrain from illegal or unethical activities

You agree to refrain from any illegal or unethical activities when using our products or services. This includes but is not limited to the use of our products or services for any illegal purposes, the distribution or sale of our products or services to unauthorized individuals, and the violation of any intellectual property rights of our company or our licensors.

Cooperate with us

You agree to cooperate fully with us in the event of any dispute or claim arising out of or in connection with your use of our products or services, including providing any information or documentation requested by us.

Indemnify us

You agree to indemnify and hold us, our affiliates, and our respective officers, directors, agents, and employees harmless from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or in connection with your breach of these obligations and responsibilities or any violation of applicable laws or regulations.

We reserve the right to refuse service, terminate accounts, or deny access to our website or services to anyone who violates these obligations and responsibilities or any applicable laws or regulations.