Terms and Conditions

With the order, the buyer, called you, enter into a purchase agreement with ProviThor B.V., Rudigerstraat 39A, 5408 AA Volkel, Netherlands, called ProviThor.

Dutch law

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.

Both mushrooms and truffles derive from the mycelium of the species “Tampanensis”. On December 1, 2008, the fruiting bodies of this species have (among many other species) been added to the dutch “opium vet”, making their possession and distribution punishable by law.

The magic truffle, also known as “Sclerotium” is a hardened mass of the subterranean mycelium of Tampanensis. Unlike the mushroom, it is not a fruiting body and therefore does not fall under the Dutch Opium Act.

This biological differentiation is confirmed by scientists like Thom Kuyper, Professor Fungal Ecology and Diversity at the University Wageningen.

According to the Dutch Minister of Health defining truffles as illegal is a falsehood and therefore, based on the principle of legality, prohibited.
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.
This statement was officially made on February 9, 2009, by the Dutch Minister of Health in Parliament. 

European Law

According to European trade law (aka the single market principle), a product that is legal in one EU country is by definition legal in ALL EU countries.

Any European country’s arbitrary decision to exclude such a product from their market therefore goes against European law.

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 legalized absinthe in the EU. 

However, we have yet to encounter even a single country that mentions magic truffles in their law.

Conclusion

Thortruffles are “sclerotia”, according to the Encyclopedia Britannica, a sclerotium is a persistent, vegetative, resting spore of certain fungi.

It is NOT a fungus, like an egg is not a hen. It is no “pure substance” and it was and should never be banned by the 1971-1973 UN treaties. To our knowledge, there is no country in the world that would have banned this naturally occurring organisms. But there might be officers acting unlawfully, media spreading wrong (fake) information, mock-analogues. We are neither responsible for the behavior of officers of your country, nor for the correct interpretation of laws – and we cannot be held responsible for that. In case that your shipment should be, for any reason, seized, hindered to enter your country, destroyed or a damage will be created to you otherwise by officials of your country, we will be happy to support your case through delivering rightful information, but we cannot be held responsible for the caused damage and you will have to turn to local courts to fight for your rights.

Refund & return policy

All products are we offer have a long shelf life of at least 4 months and can be send back to us within four weeks after the customer has received the order according to the shipping company’s track & trace record.
ProviThor will refund all “long shelf life” products that have not be opened and are originally packed.
Prior to sending the order back, contact ProviThor via email: contact@provithor.com to negotiate the pickup/shipment back to ProviThor. In case that you ship on your own expenses without prior written consent of ProviThor, these will not be refunded!

Delivery:

By paying for the order, you grant ProviThor B.V. the (for fresh food products: irrevocable) order to deliver the ordered goods to you.
Canceling of your order is only possible as long as the order was not handed to the carrier.
After you make the order, check the notification e-mail from ProviThor.com against the delivery data. If you should not receive a notification e-mail, check your SPAM folder!
In case that you find any mistake in the delivery data, immediately send an email to contact@provithor.com with the order-# and the correction of the delivery address. Fresh food products that cannot be delivered and are returned cannot be refunded!

Privacy policy and emails:

You agree to accept e-mails from ProviThor B.V. concerning your order! You will do your best to make sure that you will receive those notifications and read all information concerning your order and shipment. Failing to read ProviThor’s notifications might result in lost shipments and the possible expenses won’t be covered by ProviThor. In case that you do not receive notification messages from ProviThor about your order or contact, your mailer is censoring our e-mails and it is up to you to enter info@provithor.com into your address book to make sure you will receive those notifications.
We value your privacy and use your data only to fullfil the order and receive related information about the state of the order and your satisfaction concerning your order and our communication with you. We do not pass your data to other parties than the chosen shipping company.
We do not record nor keep credit card data. We keep the order data as long as it is legally necessary.

Volkel July 1st, 2020