Refund and Returns Policy

On one hand, ______ presented by its Director ___, mentioned later as “Trader” and ___________________ (I..C:_____________) presented by its director ___________ _________ mentioned later as “Consumer”, on the other hand, we enter into this Agreement, as follows:

1. obligation to provide information to a consumer
1.1. Prior to concluding a contract, a trader is obliged to provide the following reliable and complete information (unless such information is clear enough) to a consumer in the national language of Georgia, in a clear and understandable manner:
a) where applicable, a legal guarantee, a commercial guarantee, as well as the terms for the delivery of further services to the consumer;
b) where applicable, the term of validity of the contract, and in the case of a contract of indeterminate duration, or if the term of validity of the contract is extended automatically, the conditions of withdrawal from the contract;
c) where applicable, the conditions for withdrawal from the contract.
d) the conditions, time limit and procedures for exercising the right of withdrawal from the contract, where applicable, as well as the model withdrawal form to be completed in the case of withdrawal from the contract;
1.2. The information provided for by paragraph 1.1. of this article shall form an integral part of a contract signed between a trader and a consumer and it may be modified only with the agreement of the contracting parties.
1.3. For the purposes of this Article and of the entire Agreement, commercial guarantee is any undertaking by a trader or a producer (the guarantor) to a consumer, in addition to his/her legal obligation relating to the guarantee of conformity, to reimburse the price paid, or to replace or repair goods, or other obligations to provide services that are not related to the obligation to eradicate non-conformity with the contact.

2. Withdraw from the Agreement and Refund
2.1. A consumer shall have the right to withdraw from a distance contract and/or an off-premises contract within 14 calendar days without giving any reason. This period shall start:
a) from signing the contract, in the case of service contracts;

b) from acquiring physical possession of goods by a consumer or a third party designated by the consumer (except for a carrier), in the case of sales contracts;

c) from acquiring physical possession of the last part of goods by a consumer or a third party designated by the consumer (except for a carrier), where an order for delivery in parts is made by the consumer;

d) from acquiring physical possession of the first part of goods by a consumer or a third party designated by the consumer (except for a carrier), in the case of a contract for the regular delivery of goods (with a specified periodicity).

2.2. A consumer shall not bear any cost (including the cost of delivery) in the case of withdrawal from a contract, except where the consumer has chosen a delivery service that is more expensive than the standard delivery service offered by a trader, or where the price of goods has reduced due to a use unrelated to the determination of the nature, characteristics, and functionality of the goods. The consumer shall not be liable to cover the difference resulting from the diminished value of the goods where the trader has failed to provide full information on the right of withdrawal from the contract as referred to by this Law.
2.3. Withdrawal from a distance contract by a consumer shall automatically cause the restoration of the original condition.
2.4. In order to carry out the return of the goods and, accordingly, the refund, the customer must present a receipt or other proof of purchase determined by the trader.
2.5. Within 3 working days from the notification sent by the consumer about the withdrawal from the contract, the trader shall make a decision on the refund or non-refund, which must inform the consumer in the same way in which he received the notification.
2.6. In case of satisfaction of the requirement specified in the article 2.5 of this agreement, the money will be returned to the bank account provided by the consumer, the correctness of which is the responsibility of the consumer.
2.7. The consumer should take into account that in case of a refund, it takes time for the amount to be reflected in the consumer’s account, but not later than 14 calendar days from being informed of the consumer’s decision to withdraw from the contract.
2.8 The customer should note that the refund will be made within 14 days at most and the amount will be transferred to the same card from which the purchase was made.

3. Exceptions regarding the withdrawal from a contract without specifying any grounds and Refund
3.1. A consumer shall not have the right to withdraw from a contract if:
a) a trader has delivered the service provided for in the contract in full, it has started to deliver the service with the prior consent of the consumer and with the acknowledgement from the consumer that he/she will lose his/her right of withdrawal once the contract has been fully performed by the trader;

b) the contract provides that the price of the delivered goods or services depends on current fluctuations in the financial market that are beyond the control of the trader and that arose within the period determined by this Law for exercising the right of withdrawal from the contract;

c) the delivered goods or services are made to the customer’s specifications or are clearly personalised;

d) the delivered goods are liable to deteriorate or expire rapidly;

e) the goods were delivered to the consumer tightly sealed, were unsealed after delivery, and therefore the goods are not suitable for return for reasons of health protection or hygiene;

f) goods which are, after delivery, according to their nature, inseparably mixed with other items of goods;

g) the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance in accordance with the terms of the contract. This restriction shall not apply to additional services other than those rendered during the visit;

h) sealed audio or sealed video recordings or sealed computer software were unsealed after delivery.

i) the contract was for newspapers and magazines or other kinds of periodical publications, with the exception of subscription contracts for the supply of such publications.

j) the contract was concluded at a public auction.

k) the contract was concluded for the provision of accommodation other than for residential purposes, the transport of goods, car rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

l) digital content was delivered to the consumer in a tangible medium, and the fulfilment of the contract has begun with the prior consent of the consumer, knowing that this would result in losing the right to withdraw from the contract.

m) the contract provides for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.

3.2. There are certain cases when only a partial refund is made:
a) The item shows obvious signs of use;
b) Any item that is not in its original condition, is damaged or has parts missing through no fault of ours.

4. Other provisions
4.1. The case of cancellation of the contract and refund also depends on the commercial guarantee defined by the trader, information about which is provided to the customer before placing the order.
4.2. The consumer declares his/her consent to the processing of his personal data by the trader to the extent necessary for the fulfillment of the obligation provided for in this agreement.
4.3. Anything not covered by this Agreement is covered by the Law of Georgia On the Protection of Consumer Rights.
4.4. The present Agreement is signed in Georgian and English languages in 2 (two) copies.
4.5. The content of the copies is identical. All copies are equally valid.
4.6. In case of differences the English and Georgian texts of this Agreement, the Georgian text of the Agreement will prevail.

5. The Signatures of the Parties
5.1. By signing this agreement, the parties confirm that they have read the content of the agreement, have no complaints regarding the content of any article, and are ready to fulfill their obligations.
5.2. Consumer