Terms and Conditions
These terms and conditions govern the use of our websites, social media sites and handles, email, and
other online services or when you otherwise interact with Sonoran Spores (the “Company”, “We”,
“Seller”) and the purchasing of products from our website (collectively, the “Services”). By using the
Company’s Services, you agree to follow and be bound by these conditions. Please read them
carefully.
Privacy
Please review the Company’s Privacy Notice located at (link to notice).
Sale and Purchase of Goods
The Company agrees to sell and you (“Buyer”) agree to purchase goods of the description and quantity
described in the “checkout window”, pursuant to these Terms and Conditions.
Product Description Disclaimer
The Company’s website may contain pictures of sample products. Due to the unique nature of each
spore, we make no warranty that the product you receive will look like the picture shown on our
website.
Purchase Price
Buyer agrees to pay the purchase price of the goods as posted on the Company’s website and as
calculated in the “checkout window.” The purchase price will include all duties, taxes, customs or other
fees of any nature imposed upon this transaction by federal, state, or local government authority and
shall be paid by the Buyer.
Payment Terms
Buyer agrees to pay the total purchase price at the time of checkout. Seller reserves the right to
withhold fulfillment of Buyer’s order until such time as the purchase price has been paid in full. Seller
accepts payment through Venmo, Cashapp, Zelle and Apple Pay.
Delivery
All “Delivery by” dates are estimates only and are not guaranteed. Shipping services and rates are
subject to change without prior notice. Seller agrees to make reasonable efforts to ensure delivery in
accordance with the estimated delivery date selected by the Buyer at the time of checkout; however,
Seller is not liable for any failure to deliver within such timeframe.
Risk of Loss
The risk of loss and title for such items purchased by Buyer, as described in the checkout window, pass
to Buyer upon Seller’s delivery to the carrier.
Use Disclaimer
SELLER IS NOT LIABLE FOR ANY MISUSE OF ANY PRODUCTS PURCHASED FROM THE COMPANY. BUYER
WARRANTS THAT IT WILL USE THE PRODUCTS PURCHASED FOR RESEARCH PURPOSES ONLY AND WILL
NOT USE THE PRODUCTS FOR HUMAN CONSUMPTION OR GERMINATION. IN ADDITION, BUYER
WARRANTS THAT THEY ARE OVER THE AGE OF 18. BUYER FURTHER WARRANTS THAT IF THEY ARE
PURCHASING ANY SPORE RELATED PRODUCTS THAT THEY DO NOT LIVE IN THE STATES OF CALIFORNIA,
IDAHO OR GEORGIA (a “Restricted State”). IN NO EVENT SHALL SELLER OR ANY AFFILIATE OF SELLER BE
LIABLE TO BUYER OR ANY OTHER PARTY FOR DAMAGES INCURRED FROM MISUSE OF THE PRODUCT.
Returns and Refunds
1. For all Products- Many of the Company’s products are temperature sensitive, and for
this reason Seller provides all Buyers with tracking numbers. It is the Buyer’s responsibility to
understand the temperature sensitive nature of the products ordered (mostly gourmet) and ensure
proper care of the products ordered. If the Buyer’s order has been damaged during delivery due to
temperature, the Company will issue a refund if the Buyer provides photographic evidence of the spores
within five (5) days of the products being delivered. Such photographic evidence must be under a
microscope to allow the Company to ensure there are no viable spores remaining. A spore will be
deemed viable so long as it is not cracked, fragmented or missing pieces. The Company will not provide
any returns or refunds for products ruined by Buyer’s negligence, including failure to bring the product
into a controlled environment upon delivery. In addition, the Company reserves the right to delay
delivery if such delivery may result in the spores being damaged by extreme weather conditions.
2. Spore Syringes and Gourmet Liquid Cultures- The Company takes great care in shipping
purchased products. However, if a syringe is broken during transit, do not hesitate to take photos and
provide such photos to our email, below. If the pictures are received and the syringes are damaged to
the point of disrupting the essential function of keeping the solution airtight and dispensing the solution,
the Company will deliver a replacement product to the courier for shipment within five (5) business days
after notification. You may request a refund if the replacement package has not been delivered to the
courier for shipment within five (5) business days.
Additionally, if the order you received is incorrect, please take a picture of the full order and send to our
support email below with the “subject” line as: “Incorrect order #[Your order number here].” If
applicable, the Company will pay for shipping to return the incorrect contents of the package to the
Seller and to send out the proper products, upon delivery of the incorrect order. Return shipping must
contain a tracking number and be sent via first class mail unless the returned order is over 1 pound (16
ounces) in which case priority shipping may be used. The Company will provide a refund only if shipment
of the proper products is not possible or if such replacement product will not be delivered to you within
two (2) weeks.
The Company accepts no liability if U.S. Customs seizes your package. After delivery of the products to
the courier for shipment, all liability shifts to the Buyer and no refund will be given.
3. Spore Swab Reship Policy- The Seller will only send replacement spore swabs if the
spores on the swab become unusable prior to delivery. If the outer packaging containing the spore
swabs is damaged, please contact us to ensure your swabs have not been damaged. If the Company is
unable to refill the original order, you may exchange the damaged goods for an item of equal value, or
the Company will issue a refund for the missing item. Note: If you ordered a bundle swab deal and only
one swab was compromised, and could not be reshipped in a timely manner, a refund for the price of
the damaged swab will be issued at the rate you purchased it. For example, if the bulk deal was
$10/swab but normal listing price for a single swab is $15, you will only be refunded $10 for the
damaged swab.
4. Gourmet Wedge Return/Reship Policy- Upon opening your package, please evaluate
the seal at the top of the wedge container. Without unwrapping or disturbing the clear seal on the top,
visually assess the wrapping to ensure it is wrapped around the entire top of the container at least once.
If the wrapping is no longer sealing the top of the container, please immediately take pictures of the
product and send them to our email with the subject line “Compromised Wedge Container”. After
ensuring the seal is intact, please evaluate the wedge container to ensure there are no cracks or holes in
the container itself. If there are cracks or holes in the container, immediately document such damage
and provide photo evidence to our email below. If the Company determines the damage to the wedge
container is significant enough that the product may be contaminated, the Company will send a
replacement product to you. Shipment of the replacement product may take up to two (2) weeks for
some gourmet cultures, as they are best made fresh or the Company will provide a refund for the
damaged product.
5. Shop Items- If the products integrity is compromised during shipment and deemed
unusable, the Company will send a replacement product. In such instances, replacement will only occur
if the Buyer provides photo evidence of the damaged packaging and product and sends such evidence to
our customer support email within three (3) days of receiving the package. Most reshipments will be
delivered to the courier for shipment within five (5) business days, unless an announcement postponing
shipments has been posted on the Company’s blog page prior to the return claim being received by the
Company. The Company’s blog page can be found here: [insert link]. If replacement products are
unavailable the Company will issue a full refund for the damaged goods.
6. Customer Error- If you require the Company to reship any products due to Buyer error,
for example providing the wrong shipping address, the Buyer will be required to pay the postage and a
reshipment fee of $5.00. In addition, no reshipment will be sent until the original shipment has been
returned to the Seller. If the Buyer cancels an order after the Company has received payment or if the
Company is forced to cancel the order because the Buyer lives in a Restricted State or discloses their
intent to geminate the spores, the Buyer must pay a $5 cancellation fee which the Company will deduct
from the received payment. After deducting the cancellation fee, the Company will refund the
remaining payment amount to Buyer. If the Company is forced to cancel an order for the reasons listed
above, the Company may block the Buyer’s account on the Company’s website, if any has been made.
7. Disclaimer- We are not responsible for ensuring timely delivery after the Company has
delivered the product to the courier. The Company will provide Buyer with a tracking number. Seller is
not liable for any delays in shipment arising from the courier’s actions or inaction.
8. Shipping Plan- Credit card authorization and verification must be received prior to
processing any order. The Company will typically ship out products five (5) days a week, Monday-Friday.
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, THE COMPANY MAKES NO
WARRANTY WITH RESPECT TO ANY TECHNOLOGY, GOODS, SERVICES, RIGHTS OR OTHER SUBJECT
MATTER RELATING TO ITS SERVICES AND DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING.
Limitation of Liability
Seller or any affiliate of Seller shall not be liable under any circumstance to Buyer or any other party for
any special, consequential, incidental or exemplary damages arising out of or in any way connected with
the goods purchased by Buyer from Seller or otherwise, including but not limited to damages for lost
profits, loss of the goods or any associated equipment, cost of capital, cost of substitute or replacement
equipment, facilities or services, down time, Buyer’s time, lost data, injury to property or any damages
or sums paid by Buyer to third parties, even if Seller or any of Seller’s affiliates have been advised of the
possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based
upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles
of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential
purpose, or otherwise.
In no event shall Seller or any affiliate of Seller be liable to Buyer or any other party for loss, damage, or
injury of any kind or nature arising out of or in connection with these terms and conditions in excess of
the net purchase price of the goods actually delivered to and paid for by Buyer hereunder.
Seller disclaims any warranties of non-infringement with respect to the goods and none of Seller or any
affiliate of Seller shall have any duty to defend, indemnify, or hold harmless Buyer from and against any
or all damages or costs incurred by Buyer arising from the infringement of patents or trademarks or
violation of copyrights by any of the goods or Services.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, representatives, agents or
any related parties from and against any and all claims, liabilities, damages, losses or expenses, including
reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use
of the Company’s website or its products.
Sweepstakes and Giveaways
From time to time the Company may host sweepstakes or giveaways of the Company’s products or
other prizes (the “Promotion”). No purchase is necessary to enter any Promotion hosted by the
Company. In addition, a purchase of any of the Company’s products will not increase your chances of
winning any Promotion. The Company has no obligation to host any Promotion and may cease these
promotions at any time. All the Company’s Promotions are subject to the following rules and
regulations:
1. Eligibility- Any Promotion is open only to those who complete the instructions stated on
the Company’s website or social media post announcing the Promotion and who are 18 years of age as
of the date of entry. The Promotion is only open to legal residents of the United States. Employees of
the Company, their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and
their immediate family members and/or those living in the same household of each are not eligible to
participate in the Promotion. The Promotion is subject to all applicable federal, state and local laws and
regulations and is void where prohibited.
2. Agreement to Rules- By participating, you agree to be fully unconditionally bound by
these Terms and Conditions, and you represent and warrant that you meet the eligibility requirements
set forth herein. In addition, you agree to accept the decisions of the Company, as final and binding as it
relates to the Promotion. The Promotion is subject to all applicable federal, state and local laws.
3. Sweepstakes Period- Entries will be accepted as detailed in the website or social media
post announcing the Promotion. Unless stated otherwise, the Promotion period will end at 11:59pm
Mountain Standard Time on the date set forth in the website or social media post announcing the
Promotion.
4. How to Enter- The Promotion must be entered by completing the instructions detailed
in the website or social media post announcing the Promotion. Typically, to enter a promotion, you will
need to like, share or comment on the social media post or create an account on the Company’s
website. Because each Promotion is different, you must refer to the post announcing the Promotion to
confirm how to enter. The entry must fulfill all Promotion requirements, as specified, to be eligible to
win a prize. Entries that do not adhere to the rules or specifications may be disqualified at the sole
discretion of the Company. You may not enter more times than indicated by using multiple email
addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or
otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole
discretion of the Company.
5. Prizes- Winners will receive the products listed in the website or social media post
announcing the Promotion. No cash or other prize substitution will be permitted. The prize is non-
transferable. Any and all prize related expenses, including without limitation any and all federal, state,
and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or
transfer/assignment of prize to others or request for the cash equivalent by winners is permitted.
6. Odds- The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification- The winner(s) of a Promotion will be selected in a
random drawing under the supervision of the Company. Winners will be notified via email or by social
media direct messaging within five (5) days following the winner selection. The Company shall have no
liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security
settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the
selected winner cannot be contacted, is ineligible, fails to claim the prize within five (5) days from the
date the award notification was sent, or fails to timely return a completed and executed declaration and
releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in any Promotion hosted by the Company is conditioned upon
compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL
RULES BY ANY WINNER (AS DETERMINED IN THE COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH
WINNERS DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL
BE IMMEDIATELY TERMINATED.
8. Rights Granted by You- By entering any Promotion you understand that the Company,
anyone acting on behalf of the Company, or its respective licensees, successors and assigns will have the
right, where permitted by law, without any further notice, review or consent to print, publish,
broadcast, distribute, and use, your entry, including, without limitation, the entry and winner’s name,
portrait, picture, voice, likeness, image or statements about the Promotion, and biographical
information as news, publicity or information and for trade, advertising, public relations and
promotional purposes without any further compensation. Acceptance of prize constitutes permission for
the Company to use winner’s name, likeness, and entry for purposes of advertising and trade without
further compensation, unless prohibited by law.
9. Terms- The Company, in its sole discretion, reserves the right to cancel, terminate,
modify or suspend any Promotion should any event outside the Company’s control occur that would
affect the outcome of the Promotion. In such case, the Company may select the recipients from all
eligible entries received prior to and/or after the action taken by the Company to modify or suspend the
Promotion. The Company reserves the right at its sole discretion to disqualify any individual who
tampers or attempts to tamper with the entry process or the operation of the Promotion or website or
violates these Terms & Conditions.
10. Limitation of Liability: By entering a Promotion you agree to the Company’s limitation
of liability contained in these Terms and Conditions.
11. Disputes- By entering a Promotion you agree to the Company’s arbitration and choice of
law language contained in these Terms and Conditions.
If you have any questions regarding any Promotion, please contact us through our support email.
Intellectual Property
All proprietary content available on any of the Company’s Services, including but not limited to videos,
text, designs, graphics, data, code, and software, is the property of the Company or its licensors and is
protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree
not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content
received through any of the Company’s Services to anyone. Any copy made of information obtained by
using the Company’s Services must include the copyright or other proprietary notices contained on such
materials.
Third Party Services
The Company’s Services may include hyperlinks or directions to access content on third-party websites,
applications, or other services that are not under the control of the Company. The Company does not
control, oversee or endorse any third-party services that may be accessed through the Company’s
Services. The Company is not responsible or liable for any injury caused by use of any third-party service
and each third-party service may be governed by their own Terms and Conditions. It is the responsibility
of each user to ensure they are in compliance with such Terms and Conditions.
Force Majure
Seller shall be excused from performance, including proper delivery of purchased goods under these
Terms and Conditions if it is unable to perform due to fire, earthquake, labor disputes of third parties,
acts of God or public enemy, war, civil or disorder to the extent that such event is beyond such party’s
control (collectively, “Force Majeure Event”). Upon occurrence of its inability to perform due to a Force
Majeure Event, the Seller will give notice to the Buyer and may propose revisions to the schedule for
completion of delivery of the purchased goods.
Arbitration
Disputes arising from these Terms and Conditions or from the use of any of the Company’s Services will
be resolved through binding arbitration which means you agree to waive your right to a trial by jury in
any action or proceeding relating to any and all claims you may have against the Company, its affiliates,
representatives, agents or any related parties.
Applicable Law and Jurisdiction
Any disputes arising hereunder, including the validity and construction of these Terms and Conditions,
shall be governed by and interpreted in accordance with the laws of the State of Arizona, without
reference to choice of law principles. In addition, any dispute arising from these Terms and Conditions
or the products purchased hereunder shall be resolved through legal proceedings, whether state,
federal, or otherwise, conducted in the state of Arizona.
Local Laws
The Company makes no representation that content or materials relating to the Company’s Services are
appropriate or available for use in jurisdictions outside the United States. Access to the Company’s
Services from jurisdictions where such access is illegal is prohibited. If you choose to access the
Company’s Services from other jurisdictions, you do so on your own initiative and are responsible for
compliance with applicable local laws. The Company is not responsible for any violation of law. You may
not use or export the content or materials relating to the Company’s Services in violation of U.S. export
laws and regulations. You agree that the Company’s Services and these Terms and Conditions shall be
interpreted and governed in accordance with federal law and, to the extent not preempted by federal
law, with the laws of the state where the Company maintains your purchase information (the
“Account”), or, if the Company transfers your Account to another location, where the Company
currently maintains your Account. The Company’s Services shall be deemed passive services that do not
give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than
the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal
jurisdiction of the state and federal courts located where the Company maintains your Account, or, if
the Company transfers your Account to another location, where the Company currently maintains your
Account. You further agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States and the country in which you reside (if different from the United
States).
Children
Individuals under the age of 18 are not eligible to use the Company’s Services or products and we ask
that they do not submit any personal information to us.
Availability
Information that the Company publishes in the website may contain references or cross-references to
products, programs or services of the Company that are not necessarily announced or available in your
area. Such references do not mean that the Company will announce any of those products, programs or
services in your area at any time in the future. You should contact the Company for information
regarding the products, programs and services that may be available to you, if any.
Severability
If a fact-finding entity (i.e., an arbitrator) finds a provision or part of a provision in these Terms and
Conditions unenforceable, the remainder of these Terms and Conditions remain effective.
Change of Terms and Conditions
The Company may change these Terms and Conditions without notice. Any change to these Terms and
Conditions is effective upon the Company’s posting of such updated Terms and Conditions to its website
or online applications. Your continued use of the Company’s Services after the posting of updated Terms
and Conditions will be considered your acceptance of the changes. We recommend that you
occasionally check the Company’s website to inform yourself of any changes in these Terms and
Conditions and stay apprised of any other policies that may be applicable. You are solely responsible for
reviewing and becoming familiar with any modifications to these Terms and Conditions.
Changes in the Website
The Company may modify, suspend, discontinue or restrict the use of any portion of the Company’s
website, including the availability of any materials, software, content or documentation relating to the
Company’s website, at any time and without notice or liability.
Contact Us
Support Email: troy@sspores.com
Address: 6045 W. Chandler Blvd, Suite 13-203
Chandler, Arizona 85226-3454