AGREEMENT ON

SERVICE DELIVERY

VIA GLGSHOP.GE SERVICE

“Black Sea Trade” LLC, hereinafter referred to as the "Contractor", on the one hand, and a natural or legal person, registered on the web page GLGSHOP.GE, hereinafter referred to as the "Buyer", on the other hand, hereby conclude this Agreement on the following:

 

1. Definition of Terms

Web page — the internet resource under the domain name of GLGSHOP.GE, which is administered by the “Contractor”.

Buyer — the natural or legal person, who registers voluntarily and places an order of services referred to in Chapter 2 of the present Agreement, including the delivery to the appropriate address, provided by the “Contractor”.

Internet-service (GLGSHOP.GE) — the software package administered by the “Contractor”, the access to which is provided to web page users through a web page interface, which provides customers with the following functional capabilities:

-        browsing of information about the goods, various data, in addition, materials placed on the web page by the “Contractor”;

-        selection of product(s) interesting to the customer (moving to a “shopping cart”);

-        registration, authorisation;

-        placement of orders;

and others.

Goods — Product(s) offered for sale in e-shop TAOBAO.COM, TMALL.COM and 1688.COM, with the description provided in Chinese, the information on which is presented on the web page in Georgian, Russian and English languages.

Registration — the procedure, whereby the “Buyer” submits the information required for service delivery to the “Contractor”, through the internet-service. Registration is considered to be completed only in case of successful completion of all stages of the procedure in accordance with the instructions provided on the web page. The personal information is not requested or submitted during the registration. Based on the results of the registration, the "Buyer's" account, personal account and the personal cabinet is created. The information provided during the registration may be further modified by the “Buyer”.

Authorization — Providing/notifying the “Contractor” of “Buyer’s” registration information through the web page.

Personal cabinet — the personal and inaccessible to the third party section on the web page, the access to which is carried out by the "Buyer" through entering the login/personal data - the username and password/access code required for access; in addition, the personal cabinet includes the information on the status of the “Buyer’s” orders, payments, performance and personal account, also, it represents the functional capability for remote interaction of the parties, when fulfilling the terms and conditions of the Agreement.

Order — the application submitted to the “Contractor” by the “Buyer” through the web page interface, containing a list of goods, purchase and delivery of which the “Buyer” requests from the "Contractor”, in accordance with the terms and conditions of the Agreement; in addition, it contains the information/data required for delivery of goods.

Personal account — the “Buyer’s” personal account (account), which reflects the data on payments made to the “Contractor’s” automated accounting system, in accordance with the present Agreement; also, the data on the balance of “Buyer’s” cash resources transferred to the “Contractor”, in the real-time mode.

 

2. General provisions

2.1. The “Contractor” offers to the “Buyer” the intermediary service for purchasing of goods, in the interests of the “Buyer”, through making the orders in e-shops TAOBAO.COM, TMALL.COM and 1688.COM – hereinafter referred to as the “Service”, in accordance with the terms and conditions of the present Agreement.

2.1.1. On the instructions of the “Buyer”, the “Contractor” undertakes an obligation to perform one or more transactions on its behalf, but at the expense of the "Buyer”, in exchange for remuneration.

2.1.2. The “Contractor’s” services include:

-      provide the operation of internet-service GLGSHOP.GE, through which the "Buyer" orders the goods and services and receives the information about the execution of order (service delivery) by the “Contractor”;

-      Purchase of goods, ordered by the “Buyer”, from the manufacturers, the goods of which are presented in e-shop TAOBAO.COM, TMALL.COM and 1688.COM; handling and sending of packages to the "Buyer’s" address in accordance with the terms and conditions of the Agreement;

-      Provide consultations on the use of internet-service GLGSHOP.GE via telephone “hotline” in Georgian, Russian and English languages, in addition, via using the web page capabilities.

2.2. The service is provided to the “Buyer” through the use of internet-service GLGSHOP.GE.  In order to receive the services, the “Buyer” shall register on the web page and place an order for the goods and service(s).

2.3. For providing the services, the “Contractor” withholds the commission fee, included in the price of the goods, from the “Buyer”.

2.4. The Agreement represents a public offering that contains the "Contractor’s" proposal to conclude the Agreement with any person, who meets the requirements of the Agreement, in accordance with the terms and conditions set forth in this document.

2.5. The “Contractor” reserves the right to make changes to this Agreement in respect of which the “Buyer” undertakes the liability to regularly monitor the changes made to the Agreement, which is placed at the following address: https://GLGSHOP.GE/main_user_agreement.

2.6. Further information on the rules of delivery of service by the “Contractor” and use of internet-service by the “Buyer” is published by the “Contractor” on the web page. If the information, published on the web page, contradicts the provisions of the present Agreement, the terms and conditions of the Agreement shall apply.

 

3. ordering

3.1. For receiving of service, the “Buyer” independently registers on the web page. The “Contractor” assumes no responsibility for the accuracy of the data indicated by the “Buyer” in the process of registration and ordering of goods, also, for impossibility of service delivery due to submission of false information by the “Buyer” (in this case, the amounts paid by the “Buyer” to the "Contractor" are not refunded).

3.2. The ordering is made by the “Buyer” independently, through the personal cabinet. The “Buyer” selects an item on the web page and places it in the shopping cart. Before starting the ordering process, the “Buyer” can independently remove/delete and add the goods in the shopping cart. The order is made according to the instructions provided on the web page. Information about completed orders is available for the “Buyer” in the personal cabinet.

An authorized “Buyer” can undergo an authorisation on the web page.  Non-authorised “Buyer”, who makes an order through the Service first time, can look through the textual pages of the web page as well as the goods’ catalogue pages and can move the goods into the “shopping cart”; moreover, the “Buyer” can look through the composition of its shopping cart, add or delete/remove the goods, or change their quantity.  Following clicking on the button "Place the Order", the “Buyer” moves to the registration page, where the Service offers to an unauthorized "Buyer" to undergo a registration, and authorized “Buyer” – to undergo an authorization.

3.3. The following data should be indicated in the order:

a) Name, surname, personal number, mobile number and delivery address of the "Buyer";

b) description of goods, marking of goods, trademark, colour, size, number of items included in the set of goods to be purchased, price for goods;

c) at “Buyer’s” option – comment on the order.

The “Contractor” is entitled to keep the information, submitted by the “Buyer” during placing an order, in its electronic database for an indefinite term, for the purpose of using such information when making a repeat order, as well as for obtaining statistical information and informing the buyers about the "Contractor’s" activities.

3.4. The Order may be fully or partially cancelled, changed or supplemented by the “Buyer” at any time until the payment is completed by the “Buyer”; however, when the goods are added to the order, after its formation, the terms of service delivery increase accordingly.

3.5. The orders for service delivery are made by the “Contractor” through the Service during 24 hours, 7 days a week; the service is provided on business days, officially established in China; the “hotline” operates in Georgia in accordance with the schedule published on the web page.

3.6. The “Contractor” does not give a guarantee for continued availability of the goods selected by the “Buyer” in the catalogue of goods on the web page and undertakes an obligation to notify the “Buyer” on the absence of the goods ordered from the catalogue of the “Contractor”. In case of absence of the goods ordered in the supplier's warehouse, the "Contractor" is entitled to remove the specified goods from the “Buyer’s” order and notify the latter thereof by sending an electronic notice (or via a personal cabinet) within 3 (three) business days from the moment of payment by the “Buyer”.

3.7. The “Contractor” does not give the guarantee to the “Buyer” for availability of goods, to be purchased, with the supplier (the possibility of purchase), nor availability of selected size, colour or complete set of goods.

3.8. When placing an order, the “Buyer” shall indicate the sizes in accordance with the information on goods provided by the Supplier, and in some cases, the colour and additional characteristics of the goods are indicated. The "Contractor" assumes no responsibility for the reliability of information regarding the size, colour, quality and other parameters submitted in the description of goods by the Supplier.

3.9. Prior to placing an order, the “Buyer” undertakes an obligation to become acquainted with the “Buyer's” list of goods, transportation of which is prohibited by the Postal Services of the of the “Buyer’s” country, in addition, to become familiar with the conditions of customs clearance.

3.10. The "Buyer" independently takes the responsibility for compliance of goods, to be purchased by the “Buyer, with the terms and conditions of delivery of the Postal Service and Customs Code of the country, in which the "Buyer" is located, including, but not limited to the external dimension, weight and contents of the goods, also, external dimension and weight of postal package, which is required by the Postal Service for transferring of goods to the "Buyer”. The “Contractor” assumes no responsibility for nonconformity of photo with description of goods, tint of colours, differences in size chart, etc. The “Contractor” assumes no responsibility for rapidity of delivery of goods by the Seller to the warehouse.

3.11. Upon completion of the order, the “Buyer” shall make 100% advance payment in the value of the goods and services of the "Contractor". The moment of receipt of payment for the order by the “Contractor” is considered as the moment of acceptance of the offer by the "Buyer" and concluding of Agreement between the “Buyer” and the ”Contractor” on the execution of the appropriate order, in accordance with the terms and conditions stipulated by the present Agreement.

3.12. In case of full or partial refusal of the order by the “Buyer”, after payment of the order (termination of the Agreement on the “Buyer’s” own initiative), the “Contractor” is entitled to withhold the value of the goods ordered by the “Buyer”, which cannot be returned to the Supplier, also, withhold the costs for the service of goods’ delivery and/or other assignments of “Buyer” carried out by the “Contractor”. Accordingly, if the item is in the status - "Approved" or “Shipped”, it is not possible to delete/remove the item from the order or cancel the order without the agreement with the “Contractor”.

3.13. If the Buyer refuses to partially or fully pay for the delivery of goods or for any additional repayment of difference in value of goods, after a lapse of 2 (two) months, the order is utilised in the warehouse.

 

4. payment

4.1. The “Buyer’s” personal account can be topped up by the methods specified in the section "Payment" of the web page at the following address: https://glgshop.ge/Оплата.

4.2. If the actual price of goods differs from the price declared by the Supplier at the time of ordering by the “Buyer”, the “Contractor” shall, at the earliest opportunity, notify the “Buyer” thereof for the purpose of approval or removing it from the order of given goods. In case of inability to contact the “Buyer”, the order for purchase of given goods is considered as cancelled and its cost is returned to the “Buyer's” personal account.

4.3. The “Contractor” does not grant a credit to the “Buyers”, does not redeem the goods on credit and does not send the parcel on credit.

4.4. If the delivery of goods to China or another country is free of charge within a certain amount/cost of the goods, but after that even one item is deleted/cancelled from this paid group of goods (for example because of its absence), as a result of which the amount/cost is reduced below the threshold value, the delivery becomes then paid and is subject to the payment by the “Buyer” (in particular, if the funds are available on a personal account, it is written-off from the “Buyer's” personal account).

4.5. The amount, deposited into the customer's personal account online or through other payment methods and the balance remaining after the completion of orders can only be used for new orders. Withdrawal of customer’s cash funds from the personal account is not available.

 

5. execution of order. Purchase of goods from suppliers

5.1. According to paragraph 11, Chapter 3 of the present Agreement, upon receipt of payment, the "Contractor" shall begin to provide the services for execution of order that includes purchasing of goods from Chinese suppliers, delivery to “Contractor’s” warehouse in China, consolidation of goods in one package, packaging, quality control (within the norms prescribed by the Agreement), weighing and sending of goods to the “Contractor”, through delivery service from the list published on the web page. If the outer dimensions or weight of the goods exceed the permissible limit, then the goods are distributed by the “Contractor” in several packages, about which the “Contractor” notifies the “Buyer” via the personal cabinet.

The average term for processing of order, from the moment of receipt of payment until the moment of transfer of package for sending, is from 8 to 10 business days. In case of changes in the list of goods or conditions for delivery of goods, in agreement with the “Buyer”, the term of service delivery increases, about which the "Contractor" notifies the "Buyer" through the personal cabinet. The "Contractor" cannot directly influence the rapidity of delivery of goods from the seller to the warehouse.

5.2. The “Contractor” undertakes an obligation to conclude the purchase and sale Agreement(s) for the goods ordered by the “Buyer” from the suppliers, and pay the cost of goods ordered by the "Buyer" to the suppliers, in its own name but at the expense of “Buyer”, taking into account the condition that the given Supplier delivers the goods to the “Contractor’s” office (warehouse) in China.

5.3. The information on the stages of order execution, as well as the information required for continuation of delivery of service to the “Buyer”, shall be provided to the “Buyer” by the “Contractor” through the personal cabinet.

5.4. If the supplier of the goods does not observe the stated delivery terms, as a result of which the execution of “Buyer’s” order is delayed, the “Contractor” is entitled to delete/remove indicated goods from the “Buyer’s” order and notify the latter about it by sending an electronic message (or via a personal cabinet) to the appropriate address indicated during the registration.

5.5. In case of delivery of defective goods to the “Contractor’s” warehouse in China, the latter may, at its discretion, refuse the goods or agree with the "Buyer" the possibility of delivery of goods to the “Buyer”.

In case if goods are delivered to the “Contractor’s” warehouse with the quantity less than ordered, the latter is entitled to change the quantity of goods, received from the Seller, into the quantity actually received, without agreement with the “Buyer”.

5.6. In case if ordered goods cannot be delivered to the country specified by the “Buyer”, due to restrictions on the shipping of goods set by the Postal Service, the “Contractor” is entitled to delete/remove the goods from the “Buyer's” order and notify the latter thereof by sending an electronic message (or via a personal cabinet) to the appropriate address indicated during the registration.

5.7. The “Contractor” undertakes an obligation to receive the goods from the Supplier in its warehouse.

5.8. The “Contractor” undertakes an obligation to check the compliance of goods delivered by the Supplier with the characteristics indicated in the order (name/marking of goods, quantity, size, colour, former/current signs of consumption on the goods), in accordance with the information accompanying the goods, taking into account the possibility of violation of colour rendering in the image of goods on the web page.

The “Contractor” undertakes an obligation, as far as possible, to be convinced of effectiveness of the goods (for example, turning on the signal "switched on" when connecting the household electrical equipment into the electrical supply network).

The “Contractor” undertakes an obligation to be convinced of absence of obvious/visible defects and damage to the goods, in addition, the absence of discrepancies between the goods supplied and goods described on the web page (for example, a bag made of linen material instead of leather material).

The “Contractor” does not undertake any other obligations with regard to examining of compliance of the goods, supplied by the Supplier, to the quality of goods ordered by the “Buyer”.  The Supplier does not check the goods received from the Supplier for compliance to the specification stated by the Supplier, and in the event of a mistake made by the Supplier, does not assume the responsibility for non-compliance with the conditions of ordering of the goods.

5.9. In the event of revealing of any discrepancy between the order of the “Buyer” and the goods, the "Contractor" may, at its discretion, refuse the goods and delete/remove it from the order, or agree with the “Buyer” the possibility of delivery of such goods.

5.10. The “Contractor” undertakes an obligation to provide the “Buyer” with information about the apparent defect of the goods revealed when kitting the package, through the personal cabinet.

5.11. The “Contractor” undertakes an obligation to form the package with the goods separately for each order and pack the goods received in warehouse, in accordance with the business relationship rules, delivery service requirements and guidelines set forth by the “Buyer” when ordering.

5.12. If the “Buyer” incorrectly indicates the data required for delivery of goods, the “Contractor” shall be entitled to require reimbursement of costs incurred in delivering and returning of the goods.

 

6. Formation of package and delivery of goods

6.1. Delivery of packages is carried out by means and rates specified in section “Delivery”, at www.glgpost.ge , on the web page GLGPOST.GE.

6.2. The payment for delivery of “Buyer’s” goods shall be made separately from the payment of cost of goods and services of the “Contractor”. The final cost for delivery of goods to the “Buyer” shall be notified to the "Contractor" by the delivery service, following packaging and weighing of the package. After packaging, the "Contractor" does not open the package.

 

7. Other rights and obligations of the "Contractor"

7.1. The “Contractor” undertakes an obligation to fulfil the “Buyer’s” requirements regarding the fulfilment of terms of service, unless such requirements are contrary to this Agreement as well as the information published on the web page. In the event of “Buyer’s” claims regarding the elimination of deficiencies in the Services (for example, regarding reduction of service cost, repeat services) provided, the “Contractor” undertakes an obligation to meet such requirements within 15 business days, excluding the terms of order delivery by Delivery Service and/or terms for carrying out the banking transactions and/or terms of execution of actions by third parties, required for the fulfilment of “Contractor’s” obligations.

7.2. The “Contractor” undertakes an obligation to keep the confidentiality of the data submitted by the “Buyer” and not to disclose such data to third parties (except for the authorised state structures, including auditors, consultants, accountants and lawyers, under the conditions to keep the confidentiality of the information obtained by them), unless this is required for fulfilment of terms and conditions of the present Agreement.

7.3. The “Contractor” undertakes an obligation to submit the information to the “Buyer” on the performance of the assignments set forth in the present Agreement.

7.4. The “Contractor” undertakes an obligation to protect the Buyer's account from unauthorized access, destruction of information placed by the “Buyer”, as well as from any other unlawful conduct with respect to the information at its disposal, by all available technical means; besides, it does not guarantee the sufficiency of technical means used to prevent harmful / damaging actions by third parties.

7.5. The “Contractor” reserves the right to post on the web page or send advertising and informational messages related to the “Contractor’s” activities to the email address provided by the “Buyer” (except for the notifications regarding the order handling); in addition, the “Contractor” undertakes an obligation to stop sending the notifications to the “Buyer” by e-mail, in case of receipt of “Buyer’s” application by e-mail.

7.6. Upon request of the “Buyer”, the “Contractor” offers the Consulting Services / Technical Support to the “Buyers” on weekdays, from 10:00 am to 18:00 pm, Tbilisi time, by hotline or by electronic form posted on the web page – using a section "Ask a question” (reply within 48 hours). Consulting services on the issues not related to the Services and the operation of the web page/Service are not provided.

 

 

8. Other rights and obligations of the "buyer"

8.1. The “Buyer” undertakes an obligation to timely and completely submit the reliable information required for providing of service by the “Contractor”. In case of lack of such information or having doubt about its reliability, the “Contractor” has the right to suspend the service by notifying the "Buyer" thereof.

8.2. The “Buyer” undertakes an obligation to cover the cost of the ordered goods in a timely and complete manner, as well as the commission fees of the “Contractor“ and the cost of delivery of goods to the “Buyer”. In case of lack of funds on the “Buyer's” personal account, the “Contractor” is entitled to suspend or terminate the “Buyer's” services.

8.3. The “Buyer” undertakes an obligation to keep the documentation proving all payments to the “Contractor”, prior to transferring funds to the “Buyer's” personal account.

8.4. The “Buyer” undertakes an obligation to become acquainted with the information provided on the web page for the “Buyer”, to track the information and notifications regarding the condition (status) of its orders in the personal cabinet, and to opportunely respond to the requirements/needs of the "Contractor" even when the response is required for the purpose to continue providing services by the “Contractor”.

8.5. The “Buyer” undertakes an obligation to keep the password and login for authorization on the web page and the password to access the e-mail, which was notified to the “Contractor”, safely and in secret from third parties. Actions carried out on the web page, using the username and password for login to the “Buyer’s” system, are acknowledged by the parties as an action carried out by the “Buyer”. Orders that were sent to the “Contractor” via the web page, also, the notifications that were sent from the “Buyer’s” e-mail address and that were notified to the “Contractor”, are recognized as the document equivalent to a document personally signed by the “Buyer”.

8.6. When using the Services, the „Buyer“ is obliged to protect the lawful rights and interests of third parties and the provisions of applicable law.

8.7. The User of the web page has no right to copy (duplication and other type of copying), distribute, modify, reformat or other type of handling concerning the web page and the Service, its elements and components. It is forbidden to use any component of service for other web page(s), software products, other work or any other use thereof. It is permitted to see / browse the information and materials placed on the web page, only for personal non-commercial use, their reproduction in one copy (including copying in the memory of user's personal computer, printing of copies), voluminous citation conditioned by citation goals, with the exception of the cases when using such a form damages or may damage the interests of legal successor.

8.8. Users of the web page are forbidden to harm the website and/or Service and their users in any way, including (but not limited to) sending out the software viruses or other computer codes, programs, files that are directed to destroy the functionality of any computer or telecommunication equipment, their parts, as well as to break-in or aggregate any information of Service, including data of other users, mail or distribute the “spam” and other unallowable information provided by the Agreement.

8.9. The “Buyer” is entitled to publish a review of the goods purchased on the web page.

 

 

9. Terms of return and exchange of goods

9.1. In case of return/exchange of goods from "Buyer" to "Contractor" and from "Contractor" to Supplier and vice versa, the cost of delivery shall be covered by the “Buyer”, except for the case(s), when the “Buyer's” request regarding return / exchange is caused by improper fulfilment of obligations regarding the checking for compliance of goods by the “Contractor” with the “Buyer’s” requirements, in accordance with the terms and conditions of the present Agreement.

9.2. The “Contractor” makes a decision on the possibility of returning/exchanging of goods, fully guided by the Supplier's decision on the possibility to return/exchange the goods. In case if return/exchange of goods is impossible, but, meanwhile, the “Contractor” has failed to fulfil its obligations regarding the checking for compliance of goods with the “Buyer’s” requirements, then the “Contractor” compensates the "Buyer" for the cost of goods, the "Contractor’s" services for the processing of the given goods and for its delivery to the "Buyer", in addition, at “Contractor’s” discretion, agrees with the “Buyer” delivery of goods to the “Contractor”. In addition, the "Contractor" may decide to return/exchange the goods, guided by the terms and conditions of this provision - http://GLGSHOP.GE/vernem_dengi.

9.3. In other cases, if the Supplier makes a decision regarding refusal on exchange / return the goods to the “Buyer”, the “Contractor” does not compensate the “Buyer” for the cost of goods, and the decision on possibility to resend the goods to the "Buyer" is made by the "Contractor" individually, taking into account the circumstances of the case.

9.4. All operations with regard to return/exchange is implemented in full compliance with the Supplier's terms and conditions, including, but not limited to terms, procedures and level of compensation.

9.5. The “Buyer” shall take into account the terms of delivery of goods from the “Buyer” to the “Contractor”, also the terms for handling of return/exchange procedure (about 5 business days) and the terms of delivery of goods from “Contractor” to Supplier, taking into consideration the possibility of exchange/return of goods to the seller.

9.6. In case of return of the goods, the “Buyer” receives the refund only after full refund of the cost of goods by the Supplier to the “Contractor”.

9.7. The service commission fee incurred by the “Contractor” is not refunded to the “Buyer”, notwithstanding the Supplier's decision on the possibility / impossibility of returning of goods, except for the case(s) of improper fulfilment of the terms and conditions of the Agreement by the “Contractor” (paragraph 1 of present Chapter).

9.8. In case of sending of the exchanged product, the “Buyer” pays the full cost of the order processed by the “Contractor”, in accordance with the rates provided on the web page GLGSHOP.GE.

 

10. Responsibility of the parties

10.1. The parties assume the responsibility for breach of the Agreement in the cases provided by the present chapter and provisions of other chapters of the Agreement and applicable law.

10.2. If, upon payment of the service fee, the “Buyer” receives the goods that do not correspond to the stated specifications, the “Contractor” shall pay the compensation to the “Buyer” in the amount of cost for goods, services (including services provided by Service) and delivery of such goods.

10.3. In case of reveal of any defects in service, the “Buyer” is entitled to, at its discretion, request:

-      free of charge elimination of deficiencies of service provided;

-      accordingly decrease the value of services provided;

-      reimbursement of costs incurred for elimination of deficiencies of service provided  by its own forces and third parties.

10.4. Meet the “Buyer's” requirements with regard to free of charge elimination of deficiencies or providing the repeat service, does not release the “Contractor” from responsibility, in case of breach of the term of rendering of service.

10.5. Buyer" is entitled to refuse the fulfilment of Agreement on rendering of services and claim full payment of damages, if the deficiencies of provided services shall not be eliminated within the period specified by the “Contractor”. The “Buyer” is also entitled to refuse the fulfilment of terms and conditions of the Agreement on rendering of services, if substantial deficiencies are revealed in the service provided or other essential deviations from the terms and conditions of the contract are revealed.

10.6. The “Buyer" is entitled to require full payment of damages inflicted due to deficiencies in the services provided. The damages shall be paid within the time limits established to meet the relevant requirements of the “Buyer”.

10.7. The requirements regarding the deficiencies of provided services can be submitted when receiving or providing a service or if it is impossible to reveal deficiency when receiving a service, within 14 days following receipt of parcel with goods through the Delivery Service.

10.8. The cost of services, returned to the “Buyer” in case of refusal to perform the service Agreement, as well as the cost, which is taken into account when reducing the cost of services provided, shall be determined in accordance with paragraph 2 of this Chapter.

10.9. The “Buyer” and any third party, not representing the party to the Agreement, shall bear the civil, administrative or criminal liability, in case of unlawful use of the “Buyer's” intellectual property (web page, its materials and components as well as the service) and / or breach of paragraph 8, Chapter 8 the present Agreement.

 

11. Limitation of the “contractor’s” responsibility

11.1. The “Contractor” provides the network users with internet access to the web page and Service and provides support for proper functioning of the web page and services, also, operatively restores its operation in the event of technical failures and interruptions, meanwhile, does not guarantee the smooth operation of the web page and Service, as well as meet any deadlines for restoration of workability of web page and Service in the event of interruption of work.

The Service and web page are provided on an “as is” basis (in particular, this means that the "Contractor" assumes no responsibility for any distortions, alterations, optical illusions of images of goods submitted on the web page; in addition, does not undertake an obligation to control the content of the information related to the goods and, under no circumstances, assumes no responsibility for its compliance with the legislation, as well as for possible infringement of the rights of “Buyers” or third parties, regarding the use of the web page or the services).

11.2. The “Contractor” assumes no responsibility for any costs of the “Buyer” or direct or indirect damage that can be inflicted upon the “Buyer” when using of web page and/or service and as a result of errors, omissions, delays in working process, as well as deleting the files, changing of functions, deficiencies, interruptions of work when transferring data, etc.  The “Contractor” assumes no responsibility for non-fulfilment or improper fulfilment of obligations, as a result of disruptions, actions of malicious software, as well as dishonest actions of third parties in telecommunication and energy networks, aimed at unauthorized access and/or disabling the software and/or hardware complex of the Service.

11.3. The “Contractor” assumes no responsibility for any actions of related and other services, used to provide the services to the “Buyer”, but not belonging to the “Contractor”, such as: banks, postal services, internet providers, mail services, payment systems, etc.

11.4. The “Contractor” assumes no responsibility for term of delivery of goods sent to the “Contractor”.

11.5. The “Contractor” assumes no responsibility for the quality, and does not provide a guarantee for goods purchased in the interests of the “Buyer” by his/her order.

11.6. The “Contractor” assumes the limited responsibility for conformity of size, quantity and colour of the goods ordered: when completing the package of the “Buyer”, the “Contractor” checks only the compliance of information on the quality, colour and size of the goods that is given on the product and in the order. The “Contractor” assumes no responsibility for incompliance of the actual size of the goods - clothes and shoes – stated on the web page, whether the size indicated on the label and documentation accompanying the goods corresponds to the ordered one or no.

11.7. If the “Buyer” reveals obvious discrepancies in the packaging, size and colour of the goods, the “Contractor” shall replace such goods only if return and change of goods is considered by the Seller. The “Buyer” undertakes an obligation to independently monitor the information submitted in the personal cabinet of Seller on possibility of replacing the goods.

11.8. The “Contractor” reserves the right to change the contents and design of the web page, modify or supplement the software, scripts and other objects used or stored on the web page, any server applications at any time, with / without prior notice to the “Buyer”. The “Contractor” assumes no responsibility for inconveniences occurred as a result of changes made while using the web page by the “Buyer” or in case of its damage.

11.9. The “Contractor” assumes no responsibility for unfairness of suppliers selected by the “Buyer” in the following cases: the goods shipped with delay; items shipped but do not fit the description; the items do not work (although declared as being in working condition); the items are not sent at all (cases of fraud).

11.10. The “Contractor” assumes no responsibility for collection of customs duties during delivery of package and does not compensate them.

11.11. The „Contractor“ indemnifies the “Buyer’s” losses upon his/her request and only if the declared losses were occurred due to the error(s) made by the “Contractor’s” employee(s).

11.12. The “Contractor” assumes no responsibility for any delays in delivery of the order, loss or damage of the goods during delivery of order, caused by the intervention of customs officers or other government agencies.

11.13. The “Contractor” assumes no responsibility for any consequences or special losses or damage (including, loss of profits, benefits, markets, reputations associated with the use of contents or the loss of such opportunity) or other indirect damage, arising due to loss, damage, delay, erroneous delivery or non-delivery of the order.

 

12. Force Majeure

12.1. The parties shall be exempted from the responsibility under this Agreement, if partial or complete failure to fulfil obligations is caused by force majeure circumstances, arising after the conclusion of the Agreement as a result of extraordinary circumstances that the participant could neither foresee nor prevent by reasonable measures (force majeure). Such force majeure circumstances include: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena, as well as war or military operations, etc.

 

13. Resolution of disputes

13.1. In the event of disagreements and disputes related to the fulfilment of terms and conditions of the present Agreement, the parties shall resolve them through negotiations.

13.2. If it is impossible to resolve disputes through negotiations, then disputes shall be settled in the manner established by the legislation of Georgia by Civil Cases Panel of Tbilisi City Court.

 

14. Miscellaneous

14.1. The present Agreement is made in Georgian and English languages, both having the equal legal power.

14.2. In case of discrepancy between Georgian and English wording given in the Agreement, the text written in Georgian language shall prevail.

14.3. In cases not covered by this Agreement the parties shall act in compliance with the legislation of Georgia.