Biome Nation

Démétér Biosystems Kutatás-fejlesztési Tanácsadó és Szolgáltató Kft. (hereinafter: Démétér Biosystems Kft.)
fulfils its obligation to provide information to consumers regarding contracts concluded between the consumer and Démétér Biosystems Kft., pursuant to Section 11(1) of Government Decree 45/2014 (II.26.), as follows.

a) You, as a consumer (hereinafter: you or consumer(s)), may obtain information about the essential characteristics of the product covered by the contract at the registered office of Démétér Biosystems Kft., or on the website www.biomenation.com by clicking on the relevant product and reading its description.

b) The full company name of Démétér Biosystems Kft. is: Démétér Biosystems Kutatás-fejlesztési Tanácsadó és Szolgáltató Kft.

c) The postal address of the registered office of Démétér Biosystems Kft. is: 4532 Nyírtura, Külterület 0124/19/A hrsz.
Telephone numbers of Démétér Biosystems Kft.: +36 70 606 79 24, +36 70 9 430 430
Email address of Démétér Biosystems Kft.: info@biomenation.com
Démétér Biosystems Kft. acts in its own name.

d) You may address any complaints to Démétér Biosystems Kft. at 4532 Nyírtura, Külterület 0124/19/A hrsz.

e) Information about the ordering process, payment and delivery.

1. The ordering process

The Biome Nation webshop offers consumers home gardening products for soil building and soil improvement. Registration is not required to place an order, but creating a user account makes shopping easier for returning customers.

When placing an order, you can add the selected products to your cart using the “Add to cart” button. You can access your cart by clicking the cart icon in the top menu bar. You may add any number of products of any value to your cart. Once you have finished shopping, you can proceed from the Cart page to the Checkout page to enter your details (billing name, address, tax number, contact details and delivery address), and select your preferred delivery and payment methods. You can finalise your order using the “Place order” button for bank transfer payments or the “Pay with Barion” button for card payments. The system will send an order summary to the email address provided.

2. Payment methods

Customers can choose between two payment methods in the Biome Nation webshop: bank transfer and online card payment through Barion.

If you select bank transfer, the system will send an electronic invoice containing the bank details of Démétér Biosystems Kft. to your address after the order has been placed. Using these details, you can transfer the purchase price through your online banking service or at your bank branch. The purchased products will be prepared and handed over for delivery no later than the second working day after the bank transfer has been received and recorded.

Online card payments are processed through the Barion system (https://www.barion.com/). Card details are not disclosed to the merchant. The service provider, Barion Payment Zrt., is an institution supervised by the Hungarian National Bank, with licence number H-EN-I-1064/2013. Orders placed using online card payment will be prepared and handed over for delivery no later than the second working day after the order has been placed.

3. Delivery methods and timeframes

Customers may receive their ordered products in two ways: collection in person from the warehouse in Nyírtura (4532 Nyírtura, Külterület 0124/19/A hrsz., opposite the OPLUS petrol station), Monday–Thursday 8:00–16:00 and Friday 8:00–13:00, or delivery by courier.

For products to be collected in person, the system will send an email notification about their status, indicating the place and time of collection. If the ordered product is in stock, it will be available for collection no later than the second working day after payment of the order price. Démétér Biosystems Kft. will hold the product ordered by the customer for 5 days from the email notification.

Courier deliveries are carried out by ExpressOne and MPL, the contracted partners of Démétér Biosystems Kft. Démétér Biosystems Kft. will prepare orders and hand them over to the courier for delivery no later than the second working day after payment of the order price. The courier will attempt delivery on the day following collection of the parcel and will also notify the customer by email. For products in stock, delivery takes 2–3 working days from payment of the order price.

If a product is not in stock, only a request for a quotation can be submitted through the website. Démétér Biosystems Kft. will notify those who requested a quotation of the change in the product’s status within 2 working days of the product’s arrival.

f) You may obtain information about the total price, inclusive of taxes, payable to Démétér Biosystems Kft. for the product covered by the contract, or the method of calculating that price, as well as all additional costs, or, where those costs cannot reasonably be calculated in advance, the fact that additional costs may be payable, on www.biomenation.com by clicking on the relevant product, and at https://www.biomenation.com/toc.

g) Démétér Biosystems Kft. does not offer contracts of indefinite duration or contracts involving a subscription.

You are not required to pay a premium rate for using the means of distance communication (e.g. telephone, fax or email) used by Démétér Biosystems Kft. to conclude the contract.

h) Démétér Biosystems Kft. provides detailed information in its General Terms and Conditions about the conditions for performance of the contract concluded between you and Démétér Biosystems Kft., in particular payment, the performance deadline and the handling of any complaints.

i) You have the right to withdraw from the contract within 14 days without giving any reason. Similarly, if performance of the contract has begun, you have the right to terminate the contract within 14 days without giving any reason.

The withdrawal/termination period expires 14 days after the date on which the contract was concluded.

You may withdraw from the contract without setting an additional deadline if, having regard to all the circumstances surrounding the conclusion of the contract, the time of performance of the sales contract is essential, or if, before concluding the contract, you informed Démétér Biosystems Kft. that it was essential, and in light of that information the contract is to be regarded as one that had to be performed at the specified time and at no other time.

If you wish to exercise your right of withdrawal/termination, you must send a clear statement of your intention to withdraw from or terminate the contract by post to 4532 Nyírtura, Külterület 0124/19/A hrsz., or by email to info@biomenation.com. You may also use the model withdrawal/termination form below for this purpose.

To:

I/We, the undersigned, hereby give notice that I/we exercise my/our right of withdrawal/termination in respect of the contract for the sale of the following product(s): (identify the product(s) covered by the contract)

Date of conclusion of the contract:

Name of consumer(s):
Address of consumer(s):

Signature of consumer(s): (only if this form is submitted on paper)

Date:

You may also complete the model withdrawal/termination form or submit another clear statement of your intention to withdraw from or terminate the contract on our website (www.biomenation.com). If you choose this option, we will acknowledge receipt of the withdrawal/termination on a durable medium (for example, by email) without delay.

The right of withdrawal/termination is deemed to have been exercised within the deadline if you send your statement within 14 days of the conclusion of the contract. You bear the burden of proving that you exercised your right of withdrawal/termination in accordance with the above rules.

j) If you exercise your right of withdrawal or termination, you must bear the cost of returning the product, as Démétér Biosystems Kft. does not undertake to bear that cost. Démétér Biosystems Kft. also informs you that, if you exercise your right of withdrawal or termination, the product cannot be returned by post.

k) If you terminate the contract after performance has begun, the amount payable by you when settling the account will be calculated on the basis of the total contract price inclusive of taxes. If you can prove that the total price is excessively high, the proportionate amount must be calculated on the basis of the market value of the services provided up to the date of termination of the contract.

l) You may not exercise your right of withdrawal/termination in respect of goods that are not prefabricated and have been produced according to your instructions or at your express request, or goods that are clearly personalised; perishable goods or goods with a short shelf life; sealed goods that cannot be returned for health protection or hygiene reasons once unsealed after delivery; or goods that, by their nature, become inseparably mixed with other goods after delivery.

m) Model information on liability for defects, product warranty and the guarantee:

1. Liability for defects

When may you exercise your rights under liability for defects?
If Démétér Biosystems Kft. performs defectively, you may assert a claim against the company under liability for defects in accordance with the rules of the Hungarian Civil Code.

What rights do you have under liability for defects?
You may choose from the following remedies:
You may request repair or replacement, unless your chosen remedy is impossible or would impose disproportionate additional costs on the company compared with another remedy.
If you have not requested, or could not request, repair or replacement, you may request a proportionate reduction in the price, repair the defect yourself or have it repaired by someone else at the company’s expense, or, as a last resort, withdraw from the contract. You may switch from your chosen remedy to another remedy, but you must bear the cost of switching unless it was justified or the company gave cause for it.

Within what period may you assert a claim under liability for defects?
You must notify the company of a defect without delay after discovering it. If you notify the company within two months of discovering the defect, the notification is presumed to have been made without delay. Please note, however, that you may no longer exercise your rights under liability for defects after the two-year limitation period from performance of the contract has expired.

Against whom may you assert a claim under liability for defects?
You may assert your claim against the company.

2. Product warranty

When may you exercise your rights under product warranty?
If movable goods (a product) are defective, you may choose to assert a claim under liability for defects or a product warranty claim.

What rights do you have under product warranty?
Under a product warranty claim, you may only request repair or replacement of the defective product.

When is a product considered defective?
A product is defective if it does not meet the quality requirements applicable when it was placed on the market, or if it does not have the characteristics stated in the manufacturer’s description.

Within what period may you assert a product warranty claim?
You may assert a product warranty claim within two years of the date on which the manufacturer placed the product on the market. You lose this entitlement once that period has expired.

Against whom, and subject to what other conditions, may you assert a product warranty claim?
You may exercise a product warranty claim only against the manufacturer or distributor of the movable goods. When asserting a product warranty claim, you must prove that the product is defective.

When is the manufacturer (distributor) exempt from product warranty?
The manufacturer (distributor) is exempt from product warranty only if it can prove that:
– it did not manufacture or place the product on the market in the course of its business activities; or
– the defect could not have been detected when the product was placed on the market, given the state of scientific and technical knowledge at that time; or
– the defect results from compliance with legislation or a mandatory requirement imposed by an authority.
The manufacturer (distributor) need only prove one of these grounds to be exempt.

Please note that you may not assert claims under liability for defects and product warranty simultaneously in respect of the same defect. However, if your product warranty claim is successful, you may assert a claim under liability for defects against the manufacturer in respect of the replacement product or repaired part.

3. Guarantee

When may it be claimed?
In the event of defective performance.

When is the company exempt from its guarantee obligation?
The company is exempt from its guarantee obligation only if it proves that the cause of the defect arose after performance.

Please note that you may not simultaneously assert claims under liability for defects and the guarantee, or under product warranty and the guarantee, in respect of the same defect. Otherwise, however, your rights under the guarantee apply independently of your rights under liability for defects or product warranty.

The guarantee conditions are as follows:

Guarantee period:
a) one year for a selling price of at least HUF 10,000 but not exceeding HUF 100,000;
b) two years for a selling price exceeding HUF 100,000 but not exceeding HUF 250,000;
c) three years for a selling price exceeding HUF 250,000.

The guarantee period begins on the date the Product is handed over to the consumer or, if commissioning is carried out by Démétér Biosystems Kft. or its authorised representative, on the date of commissioning.

If the consumer has the Product commissioned more than six months after delivery, the guarantee period begins on the date the Product was handed over.

The guarantee does not cover defects resulting from improper commissioning, use other than for the intended purpose, operation contrary to the instructions for use and handling, improper storage, handling or damage, or defects caused by natural hazards or disasters.

If the Product is repaired, the guarantee period is extended, starting from the date it was handed over for repair, by the period during which the consumer could not use the Product for its intended purpose because of the defect.

Rights under the guarantee may be exercised using the guarantee certificate; returning the Product’s opened packaging is not a condition for exercising those rights. If no guarantee certificate has been provided to the consumer, conclusion of the contract must be deemed proven if the consumer presents proof of payment of the price, namely an invoice or receipt. In that case, rights under the guarantee may be exercised using that proof of payment.

At their discretion, the consumer may assert a repair claim directly at the registered office of Démétér Biosystems Kft., at any of its premises or branches, or at the repair service specified by Démétér Biosystems Kft. on the guarantee certificate.

Only new parts may be fitted to the Product during repair.

If, during the first repair of the Product within the guarantee period specified in this guarantee certificate, Démétér Biosystems Kft. or the Repair Service establishes that the Product cannot be repaired, the party responsible for the guarantee must replace the Product within eight days, unless the consumer instructs otherwise. If replacement is not possible, Démétér Biosystems Kft. must refund to the consumer within eight days the purchase price shown on the proof of payment presented by the consumer, namely an invoice or receipt issued under the legislation on value added tax.

If the Product becomes defective again after having been repaired three times during the specified guarantee period, Démétér Biosystems Kft. must replace the Product within eight days, unless the consumer instructs otherwise, provided that the consumer does not request a proportionate reduction in the purchase price and does not wish to repair the Product or have it repaired by someone else at the expense of Démétér Biosystems Kft. If replacement is not possible, Démétér Biosystems Kft. must refund to the consumer within eight days the purchase price shown on the proof of payment presented by the consumer, namely an invoice or receipt.

If the Product has not been repaired by the thirtieth day after the repair claim was communicated to Démétér Biosystems Kft., the company must replace the Product within eight days following expiry of the thirty-day period, unless the consumer instructs otherwise. If replacement is not possible, Démétér Biosystems Kft. must refund to the consumer, within eight days following expiry of the thirty-day repair period, the purchase price shown on the proof of payment presented by the consumer, namely an invoice or receipt issued under the legislation on value added tax.

A Product that is permanently installed, weighs more than 10 kg, or cannot be transported as hand luggage on public transport must be repaired at the place where it is used, except in the case of vehicles.

If repair cannot be carried out at the place of use, Démétér Biosystems Kft., or the Repair Service where the repair claim was asserted directly with that service, will arrange dismantling and reinstallation, as well as transport to and from the repair location.

If the consumer requests replacement due to a defect in the Product within three working days of purchase (commissioning), Démétér Biosystems Kft. may not rely on disproportionate additional costs and must replace the Product, provided that the defect prevents its intended use.

n) After-sales customer support and other services:
– the Seller’s customer service address: 4532 Nyírtura, Külterület 0124/19/A hrsz.
– the Seller’s customer service opening hours: Monday–Thursday 8:00–16:00; Friday 8:00–14:00.

o) Démétér Biosystems Kft. has no code of conduct.

p) With regard to the legal transactions used by Démétér Biosystems Kft., its obligation to provide information does not extend to the matters covered by the indicated points.

r) Démétér Biosystems Kft. does not require a deposit or any other financial security.

s) Functionality of digital content and applicable technical protection measures:
– internet cookies must be enabled for the website to function;
– passwords are stored in encrypted form;
– the database server is protected by a password and a firewall.

t) Compatibility of digital content with hardware and software, to the extent of the knowledge reasonably expected of the company:
– the website content can be accessed using modern desktop and mobile browsers (the latest versions of Firefox, Opera, Chrome and Explorer).

u) You may contact Démétér Biosystems Kft. with any complaint. The information provided in point n) applies to the address and opening hours of customer service. Démétér Biosystems Kft. handles any complaints or objections in accordance with its General Terms and Conditions and Act CLV of 1997 on Consumer Protection.

v) You have the right to refer a dispute to a conciliation board.
The conciliation board competent for the registered office of Démétér Biosystems Kft. is the Hajdú-Bihar County Conciliation Board. Proceedings may be initiated by completing an application and submitting it together with the documents relating to the consumer dispute in one of the following ways:

• by post: (addressed to the Hajdú-Bihar County Conciliation Board) 4025 Debrecen, Vörösmarty u. 13-15.
• by email: bekelteto@hbkik.hu
• an online application may be submitted at www.hbmbekeltetes.hu
• telephone numbers: 52/500-710, 52/500-745

Information about the procedure and further details is available at www.bekeltetes.hu and www.hbmbekeltetes.hu.