1.1. This Agreement governs the relationship between the Internet Store Caucasus Automotive Retail JSC (hereinafter referred to as the "Internet Store" / "Supplier") and its customers (both together as the "Parties") in accordance with the legislation of Georgia.
1.2. By signing the Agreement, "Customer" confirms that it has read the terms of the Agreement in details and agrees that in case of purchase of any kind of goods and / or services by "Customer", the terms and conditions of this Agreement will apply.
1.3. The user is entitled, on the basis of free will, to refuse the presented terms and conditions, which means to refuse to use the services of the online store.
1.4. Subject to the terms and conditions of this agreement, the customer places an order, and the online store delivers the agreed product to him in exchange for the agreed fee. When purchasing products, the customer uses the services of the Internet Bank / Supplier Partner Bank and the postal service provider company. The Internet Store / Supplier is not responsible for the services and quality of these companies.
1.5. Internet Store / Supplier is entitled to unilaterally amend this Agreement at any time by posting information about it on the Website - www.gezmotors.ge.
1.6. The online store / supplier warns the customer that the company GEZ MOTORS official website is: www.gezmotors.ge. Accordingly, in case of purchasing the product from any other alike and / or similar website, the supplier is free from any liability.
2.1. By registering on the online store site and filling in the relevant fields, the user agrees to receive his personal information and process it in accordance with the law. After registering on the supplier's website, the user will create his / her personal account and receive the relevant loyalty card, on which the supplier discounts will be periodically distributed.
2.2. The user confirms that he / she is an adult in accordance with the legislation of Georgia (a person who has reached the age of 18) and does not have limited freedom of expression of civil will;
2.3. The user agrees, in accordance with the Law of Georgia on Personal Data, to record such personal information in the user's account as name, surname, personal ID number, car model, e-mail, telephone number;
2.3.1. By completing above mentioned data and agreeing to the terms of this agreement, the user agrees to the supplier using the contact means indicated by him for direct marketing purposes and to send advertising messages;
2.3.2. The user is obliged to indicate in the report the correct personal information, including the place of delivery of the product. In case of providing incorrect information, the responsibility lies with the customer;
2.4. The Parties undertake to comply with the principle of confidentiality in accordance with the legislation of Georgia and not to disclose to third parties the information disclosed during the term of this Agreement.
2.5. Any order placed by the user and related information is considered confidential.
3.1. The user selects the desired product on the website and expresses his / her willingness to purchase it. Customers have the opportunity to purchase products in the following form:
3.1.1. From an account created directly by him on the website.
3.2. The user is entitled to use the "product search tool" specified on the website when selecting products.
3.2.1. After selecting the desired product on the website of the online store / supplier, the customer goes to the product purchase panel, where he can pay the price of the specified product using the online store / supplier partner bank and then use the mail delivery service of JSC Georgia.
3.2.2. The online store is not responsible for the protection of the information provided by the user after accessing the bank's website, the full responsibility for this lies with the provider bank itself.
4.1. After placing an order and paying the cost by the customer, the online store is obliged to deliver the agreed products to the customer;
4.2. When placing an order, the customer chooses one of the delivery methods and fixes it on the website. Customers can choose the following methods:
4.2.1. Withdrawal of products by the customer at his own expense from the point of delivery of the item;
4.2.2. Delivery to the user-specified address. In such a case, the user is obliged to indicate the address in the appropriate column; The user is fully responsible for the accuracy and authenticity of the specified address;
4.3. If the Customer chooses 4.2.1 of this Agreement. The method of receiving the products provided for in paragraph, in particular, expresses the desire to deliver the products himself, he is entitled to deliver the products no later than 5 (five) days after placing the order.
4.3.1. If the customer violates the ten-day deadline for withdrawal of the product, he is deprived of the right to request the transfer of the item and only a part of the amount is refunded from the paid amount, minus 10% of the amount paid, which is a penalty for violating the delivery deadline.
4.3.2. The online store will prepare the order for delivery to JSC Georgian Post within 1 calendar days after receiving and paying the order. In particular, it ensures the packaging of products in compliance with all existing standards required for the safe transport of products. After preparing the order, the order will be delivered to JSC Georgian Post for delivery to the customer;
4.3.3. The risk of damage and / or destruction of the product after the transfer of the order prepared by the online store to Georgian Post is fully transferred to the postal service provider company, therefore in case of delayed delivery, damaged product delivery or destruction of the product during shipment, the customer must file a complaint to the postal service provider;
4.3.4. In case the customer does not meet the supplier's courier at the agreed time at the specified address, the customer will additionally reimburse the courier service fee for each subsequent similar case of delivery attempt.
4.3.5. If 3 (three) attempts to transfer the product to the customer end in vain, then the customer is obliged to withdraw the item at his own expense from the point of delivery of the item within __ days and, at the same time, pay the failed delivery fee. If the customer does not fulfill this obligation, then the online store has the right to deduct the customer from the prepaid amount in vain delivery fee and 10% of the value of the item and return the remaining amount to the customer. If the customer does not have a prepaid item fee, then the online store is authorized to demand payment of the above amounts.
4.4. The user is responsible for providing the correct address. If the customer indicates the wrong address and, consequently, the courier will deliver at the wrong address, the customer will be obliged to pay the delivery costs to both the specified address and the correct address.
4.5. Ownership of the product is transferred to the customer from the moment of its transfer.
5.1. After expressing their willingness to purchase the product, the customer pays for the product, which is indicated on the website.
5.1.1. If the Customer expresses a desire under this Agreement. For the use of the courier service referred to in paragraph 4.2.2, the delivery fee will be added to the product fee, which will be determined by the type of individual product and the address specified by the supplier.
5.1.2. Product delivery fee is displayed on the website after the customer indicates the desired address for product delivery;
5.2. Payment is made by the customer when ordering products using one of the methods selected by him:
5.2.1. Online, non-cash payment, single payment made through the website;
5.2.1.1. The non-cash payment obligation is considered fulfilled from the moment the amount is credited to the supplier's bank account.
5.2.2. By cash on delivery of the product.
5.3. In case the user places the order through the user account, he marks the payment method on the website.
5.4. The customer has no right to demand a refund of the fee paid under the contract without a ground under the contract.
6.1. In case the delivered products differ from the products ordered by the customer through the fault of the supplier, the supplier is obliged to deliver the ordered products to the customer at his own expense and to reimburse the delivery cost in full. The customer will pay only the cost of the ordered products.
6.2. In case the delivered product does not meet the customer's wish through the fault of the customer (for example, in case of customer error), the customer is obliged to pay extra for the cost of re-shipping. The amount to be paid will also vary according to the difference in the cost of the products that the customer ordered and which the customer wanted to order.
6.3. The customer is obliged to check upon receipt of the product whether the product received by him is what he ordered / what he wanted to order, otherwise he is not entitled to use 6.1., 6.2., 6.3 of this agreement. With the rights provided for in paragraphs.
6.4. The customer is entitled to notify the supplier about the defect of the product within 2 (two) days after receiving the product.
6.4.1. The Supplier is obliged to inspect the product within 2 (two) days after receiving the notification and if it is found to be defective within 5 (five) days after the discovery of the defect, the Supplier is obliged to correct the defect or replace it with the same type of products. Additional costs of delivery related to defect correction are borne by the supplier;
6.4.2. If it is impossible to correct the defect or replace the item or if it requires unreasonably high costs., The supplier is authorized to refuse to correct or replace the defective item. In such a case, the supplier will reimburse the customer for the cost of the defective product.
6.4.3. After the expiration of the specified period, 2 (two) days, claims about the defect of the item will not be accepted and the supplier will be released from liability.
6.5. The Customer is not entitled to return or exchange the received products or demand a refund of the fee paid by him, except in the cases provided for in this Agreement.
7.1. Any material posted on the Website, including visual or audio material, photos, videos, etc. Copyright belongs to the supplier. The User is not authorized to use, distribute, or use the specified material without the prior written consent of the Supplier, or in any other way infringe on the Supplier's copyright.
8.1 The parties are liable for non-fulfillment or improper fulfillment of the obligations imposed in accordance with this agreement and current legislation;
8.2. The parties are released from liability if the breach of their obligation is caused by an act of force majeure (force majeure) or by circumstances beyond the consideration and deterrence of the parties;
8.2.1. For the purposes of the treaty, natural disasters, strikes, sabotage or other industrial unrest, civil unrest, war, hostilities, blockades, uprisings, earthquakes, landslides, epidemics, floods, etc. It is impossible for them to avoid it either;
8.2.2. Violation of the terms of the contract due to force majeure circumstances will not lead to the application of penalties;
8.2.3. The parties are obliged to notify the other party immediately of the impossibility of fulfilling the obligation due to the existence of force majeure. In case of impossibility of immediate notification, at the earliest opportunity, but not later than 7 days from the occurrence of such circumstances. If the notification is not made within the said period, the infringing party shall not be entitled to indicate such circumstances in order to be released from liability, if the non-service of the notification was not caused by these circumstances;
8.2.4. If the force majeure circumstances have lasted for more than 30 (thirty) days or upon its occurrence it has become clear that the action will last for more than 30 (thirty) days, the parties shall decide on the expediency of the contract. In case of disagreement between the parties, the decision to terminate is made by the party to whom the obligation is not duly fulfilled. In the event of such termination of the contract, the parties shall, within a reasonable time, settle all pre-existing obligations to each other.
9.1. The agreement enters into force in an appropriate manner, electronically, from the moment of consent to it and is valid until the full and proper fulfillment of the obligations by the parties;
9.2. This Agreement may be terminated early:
9.2.1. At any time by mutual agreement of the parties;
9.2.2. In case of gross breach of a contractual obligation by a party, if the other party fails to perform the obligation properly even after the expiration of the additional reasonable period of time;
9.2.3. In the cases provided by this agreement and / or legislation.
10.1. Any dispute arising out of or in connection with this Agreement, including any question of its existence, legality, interpretation, enforcement, breach or termination, shall be settled by negotiation;
10.2. If the negotiation does not make sense or if the negotiation does not yield results, any dispute between the parties arising out of or in connection with this Agreement shall be submitted to the court for consideration and a final decision in accordance with the rules established by the legislation of Georgia.
11.1. A customer who purchases at least one product through an online store receives a loyalty card, which can then be used as a discount card;
11.2. The transfer of a "Supplier" loyalty card to the "Customer" envisages granting the "Customer" the right to participate in the promotions announced by the "Company" and to receive the goods / services within the framework of the promoted "Identity" identification document of the "Customer". And / or enjoy other powers defined by the rule of issuing and using the loyalty card. Any type of document issued on the basis of the legislation of Georgia, which indicates the name, surname, personal number, photograph and validity period of the document, is considered to be the identity document of the "user". A person with citizenship of another country and / or a stateless person of Georgia is obliged to present a passport together with a card.
11.3. The loyalty card is issued to a specific "customer", therefore, it is not allowed to transfer the card to another person by the "customer".
11.4. The annulment of any article of this agreement shall not affect the validity of the other articles of this agreement, if the contract would have entered into force without annulled article.
11.5. Any issue not specified in this Agreement shall be settled in accordance with the legislation of Georgia;
11.6. Any notice or other communication relating to this Agreement shall be made in writing by means of this Agreement and by the means of communication specified in the User Account or in any other form if it allows the Recipient to acknowledge receipt of the notice.
