Terms and Conditions

1. General Conditions

1.1.  Grossmann.ge (hereinafter referred to as - the "Website"/"Application") represents an online retail shopping platform of "Grossmann" LLC (I/C: ----; Legal/actual address: Tbilisi, --; E-mail address: vakhtang@grossmann.ge; Contact phone number: 595998085; hereinafter referred to as – the "Company"), through which the "Customer" is given the opportunity to search, browse and purchase the products/services provided by the "Company" or any of its group companies.

1.2.  Terms and conditions of use of "Tegeta" website and application (hereinafter referred to as – the "Terms and Conditions") regulates the relationship between the owner of the website/application - "Grossmann" LLC and the person wishing to register/registered person to register/authorize on the website/application (hereinafter referred to as - the "User").

1.3.  Only a natural person (hereinafter referred to as - the "Customer") can register in the Grossmann.ge website/application and receive further services, although the platform allows an individual entrepreneur/legal entity (hereinafter referred to as the "Customer") to register in the same space at TD.tegetamotors.ge for the purposes of registration/authorization, for which the "Customer" agrees to the terms and conditions for it. Td.tegetamotors is an online platform for wholesale purchases, through which an individual entrepreneur/legal entity has the opportunity to search, browse and purchase products/services.

1.4.  The "User" registers on the Website/Application in accordance with these "Terms and Conditions". Before registration, the "User" is obliged to familiarize himself/herself with the conditions specified in it. By pressing the registration completion button, it is confirmed that the "User" has familiarized himself/herself with and agreed to these "terms and conditions" and other related documents, and has assumed the rights and obligations stipulated therein.

1.5.  The website/application contains the products/goods/services of the "Company" and the companies included in the "Grossmann" LLC group (subsidiaries and related parties – hereinafter referred to as "Merchant"), upon ordering of which a corresponding contractual relationship is established between the "Customer" and the "Merchant", which is governed by the present terms and conditions.

1.6.  The "Company" conducts its relations with the "Customer" based on the Law of Georgia "On Electronic Commerce", the Law of Georgia "On Personal Data Protection" and the Law of Georgia "On Protection of Consumer Rights" and fully shares the culture of behaviour based on respect of the "Customer". In addition, the "Company" completely prohibits any kind of discrimination in consumer relations.

 

2. Definition of terms

The terms used in these Terms and Conditions shall have the meanings set forth below unless the context explicitly suggests otherwise.

„Website“ – shoptegetamotors.ge - Grossmann" website, through which the “User” is given the opportunity to order and receive services/goods from the companies included in the "Grossmann" group”;

"Application" – "Grossmann" application, through which the “Customer” is given the opportunity to order and receive services/goods from the companies included in the "Grossmann" group;

"Website/Application Owner"/"Company" - Grossmann LLC (I/C: 202177205; Legal Address: Georgia, Tbilisi, ------);

"Merchant" - a subsidiary/affiliated company of Grossmann LLC that trades online using the website/application of Grossmann LLC. Detailed information about each "Merchant" is specified in the description of the goods/services offered for sale on the website/application;

„Customer" - a citizen of Georgia or a non-resident natural person who meets the requirements set forth in these "Terms and Conditions", who register on the company's "Website" or "Application" and who is offered or wishes to receive the offered services/goods from the "Merchant" through the platform or who purchases or further uses the goods or services primarily for personal consumption and not for trade, business, professional or other vocational activities;

"Data subject" - any natural person whose data is processed by "Grossmann" LLC or a company included in its group;

“Personal data” - any information related to an identified or identifiable natural person. A natural person is identifiable when he/she can be identified directly or indirectly, including by name, surname, identification number, geolocation data, identifiable electronic communication data, physical, physiological, mental, psychological, genetic, economic, cultural or social characteristics;

“Data processing” - any action performed on data, including their collection, retrieval, access to them, their photographing, video monitoring and/or audio monitoring, organization, grouping, interconnection, storage, modification, request, retrieval, use, blocking, deletion or destruction, as well as disclosure of data by transmitting, publicizing, distributing or otherwise making available;

“Direct marketing” - direct and immediate delivery of information to the data subject by telephone, mail, e-mail or other electronic means for the purpose of forming, maintaining, and realizing or/and supporting interest in a natural person or/and legal entity, goods, ideas, services, work or/and start-up, as well as image and social topics;

“Account" – the account registered by the "User" through the website/application;

"Authorization" - access to the personal account by the "User". Authorization is performed through universal "User" identifiers;

"Validation" - during registration/authorization by the "User" indication of the phone number and personal number, which is simultaneously reflected in the SAP system (Systems, Applications, and Products in Data Processing) and through which the identity of the person registered in the application/website and the person registered in the SAP system is established.

"Distance Agreement"/"Electronic Agreement" - an agreement concluded between the User and the "Merchant” by means of remote communication, which does not require the physical presence of the "Merchant" and the User, and to which the present rules and conditions are fully applicable.

„Platform“ - Platform operated by Grossmann LLC.

 

 

3. Terms of registration, authorization and validation on the "Website"/"Application".

3.1.  The "Customer" has the opportunity to use the website without registration only with limited capabilities and to browse the products/services offered on the abovementioned platform. However, in order to fully enjoy the website, the "User"/"Customer" must register on the website or application and open a personal account. During the registration process, the "User" is obliged to agree to these terms and conditions and other accompanying documentation (if any). Registration on the website automatically leads to a person's registration on the application and vice versa. In addition, the "User" is given the opportunity to use the same account on the following platforms of "Grossmann" https://reservation.tegetamotors.ge (for the purpose of reserving to be received services) and mycarhistory.tegetamotors.ge (for receiving information about the services performed on the registered vehicle). This document will also apply to the "User" when using the abovementioned websites.

3.2.   A citizen of Georgia or a non-resident natural person can register on the "website"/"application". Registration in the "system" is free for the "User".

3.3.  During registration, the "User" indicates the following data about a natural person:

 

• Information on whether a natural person is a resident or not

(* This data is indicated only during registration on the "Website");

• Name(Mandatory field);
• Surname(Mandatory field);
• Personal number (optional field);
• Email address(Mandatory field);
• Mobile phone number (Mandatory field);
• Password.

 

* The "User" indicates his/her date of birth on the website/application only before purchasing the goods/services, so that the platform can ensure that the goods/services are purchased by an adult.

 

3.4.  After completing the data entry, the "User" is obliged to read and agree to the present "terms and conditions", to confirm which the "User" first presses the button - "I agree to the terms", then - "Confirmation". After that, it is mandatory to activate the mobile number (the so-called "OTP verification" of the phone number), during which a four-digit code is sent to the "User" phone number. After correctly specifying the code in the relevant field, the registration process of the "User" on the “website”/"application" is completed, after which the "User" will be given the opportunity to authorize on the “website”/"application".

3.5.  For registered "User", authorization to the "Website/"Application" is possible by entering the registered e-mail address/phone number and password.

3.6.  "Users” can also register/authorize on the website/application through social networks too. At this time, the Customer chooses the desired social network (Google, Apple, Facebook) and will be redirected to a specific social network page, where he/she will confirm the request. After confirmation:

Ø  During authorization on the website, if the email registered in the abovementioned social network matches an existing "User", but the email is not verified, then the system will ask the "User" to indicate the last 4 digits of his/her mobile number, if the correct data is entered, the system will automatically authorize the "User" and connect the social profile with the existing "User".

Ø   If the e-mail registered in the abovementioned social network matches the existing "User" (verified e-mail), then the system will automatically authorize the "User".

Ø  If the email registered in the social network does not match the email in the shop, the system will redirect the "User"  to the Grossmann.ge registration page: where the fields provided from the social network (name, surname, e-mail address) will be automatically filled (editable) and the "User" will be given the opportunity to complete the registration on the website/application by reading the "Terms and Conditions" and "OTP Confirmation".

3.7.  The registered "User" is additionally given the opportunity to validate and verify the information whether he/she is included in the loyalty program of Tegeta Retail LLC or Grossmann LLC and how many points are accrued on the card, for which it is necessary to enter the personal number and the data of the card registered in the SAP system. In case of validation, the "User" agrees to be requested by Grossmann LLC (I/N: 202177205) from Tegeta Retail LLC (I/N: 405408811), in particular, from the SAP system, regarding whether he/she is included in the Tegeta loyalty program, as well as information about registration in SAP, "User" card and points accrued on it. A person who has undergone validation is also given the opportunity to additionally enjoy the benefits offered by the company/"Merchant", including ordering such kinds of products from the "Merchant", which requires the ordering of goods abroad.

3.8.  The "User", as a personal data protection subject, is additionally given the opportunity to express his/her consent through the website/application to the processing of his/her personal data for direct marketing purposes.

3.9.  The "User" registered on the website/application has the possibility to enter and remember his/her bank card data on the website/application for further payment purposes.

 

 

4. Ordering the goods/services

4.1.  Through the website/application, the "Customer" is entitled to purchase any type of products offered by the "Merchant", which will be placed on the company's website/application at the time of ordering. Also, to use charging stations for electric cars (including through advance booking/reservation), to add a car owned by him/her to the account, to book a visit with a "Merchant", to use the services of a personal manager.

4.2.  The "User" understands that the products posted on the website/application may include goods that are not yet in Georgia, and in case of an order by the "User", the order will be made.

4.3.  The description of each product placed on the website/application indicates the characteristics of specific goods and information about the "Merchant", as well as the price of goods / services, information about basic costs and additional costs (including transportation, forwarding, installation and other) information (if any), therefore, the "Customer" makes an order based on an informed choice.

4.4.  In order to place an order for goods, the "User"  ensures that they are stored in the appropriate basket (without reservation) and, after payment, ensures that its purchase. When ordering, the "User" additionally indicates his/her personal number and date of birth (if the mentioned data was not entered during registration).

4.5.  The place of delivery of the goods is chosen by the "User". In the event that the "Merchant" ensures the delivery of goods throughout Georgia to the address specified by the "Customer", the amount of the delivery cost will be indicated in the order column (if the "Customer" is obligated to pay for the aforementioned) and the "Customer" will have information about this in advance.

4.6.  The "Customer" must pay the purchase price/service fee in advance, by cashless payment method or by installments. Upon completion of the order, the company will display/confirm the fact of completion of the order on the website/application.

4.7.  The obligation of the "Merchant" to deliver and transfer ownership of the goods to the "Customer" shall arise only after the "Customer" has fully paid the full price of the subject of purchase of the "goods".

4.8.  The "Merchant" determines the delivery period of specific goods directly when ordering the goods, which the "Customer" agrees to by placing the order. Due to unforeseen circumstances, the delivery period may be extended, or the order may be canceled, about which the "Merchant" will notify the "Customer" at the first opportunity. In the event that the "Customer" does not agree to the additional term of delivery of the item, the order will be canceled and the amount paid will be returned to the "Customer" no later than within 10 (ten) working days. A similar rule applies if the order is canceled at the initiative of the "Merchant".

4.9.  When the sold goods are transferred to the "Customer", the risk of accidental loss or damage of the goods is transferred to him/her. If the sold goods are sent by the carrier at the request of the "Customer", the risk of accidental loss or damage of the goods is transferred to the "Customer" from the moment of delivery of the goods to the carrier.

4.10.           In the event that the "Merchant" ensures the delivery of the goods to the "Customer" and the "Customer" does not meet the Merchant’s representative at the address specified by him/her, the "Merchant" will store the goods at his/her facility for no more than 1 (one) month and the "Customer" will be obliged to take the ordered goods out of the facility during the said period; If the "Customer" does not provide the taking of the goods from the Merchant's address within this period, the paid amount will be returned to the "Customer" (excluding the costs of delivery of the goods) and the goods will be put back on sale.

 

5. The procedure for receiving and checking the goods

5.1.  The "Merchant" is obliged to deliver to the "Customer" the goods selected through the website/application in materially and legally flawless condition;                                                                                                                                                            

5.2.  The goods are materially flawless if they are of the agreed quality, and legally flawless if they are not subject to seizure, are not legally encumbered (including tax lien-mortgage rights) and a third party cannot make a claim to the buyer due to his/her rights.

5.3.  The "Customer" will check the selected goods through the "website"/"application" during the delivery of the goods, and in the case of taking the item from the Merchant's address - upon arrival at the Merchant's trading facility.

5.4.     The “Customer” is obliged:

Ø  not to accept the shipment delivered with damaged packaging and to inform the Merchant's about this fact immediately;

Ø  to make sure about the presence or absence of damage;

Ø  to check the quantity of items before accepting the shipment.

Ø  Upon receiving the shipment, check the characteristics of the item, whether the received item corresponds to the one ordered by him/her or not.

5.5.  In the event that the item or its packaging is damaged, the item is less than ordered or the shipment does not correspond to the order made by the customer, the customer should not accept the item and immediately inform the "Merchant” about this.  In case of violation of the obligations established by this article, the "Merchant” shall be exempt from any responsibility for the damage to the items or the quantity of the items.                                                                   

5.6.  If the delivered goods turn out to be defective, the "Merchant” is obliged to eliminate the defect by means of repair, and in case of inability to repair, replace it with another item or return the purchase price to the customer and return the delivered goods.

 

6. Procedure for cancellation of distance agreementand return of goods

6.1.  The customer has the right to reject the distance agreement within 14 (fourteen) calendar days without giving any reasons. The abovementioned term is calculated from the moment the customer or a third party designated by him/her (except the carrier) takes possession of the goods;                                                                                                                               

6.2.  The conditions of return of the item do not apply to the item or service, the price of which does not exceed 30 GEL.

6.3.  In case of rejecting the agreement by the customer, he/she will not be charged any costs (including delivery costs), unless the customer has chosen a more expensive delivery service than the standard delivery service offered by the "Merchant” or the price of the goods has been reduced as a result of a benefit that is not related to the determination of the nature, characteristics and functionality of the goods.                                                                                                             

6.4.  Rejection of the remote agreement by the customer automatically results in his/her withdrawal from the related agreement and restoration of the original state.                                              

6.5.  The customer is obliged to notify the "Merchant” in writing (at the legal address or e-mail address) of the withdrawal from the agreement within 14 calendar days, where the following information will be included:

• Merchant’s name, physical address, e-mail address;
• Date of order;
• Date of receipt of the order;
• Name of the Customer;
• Address of the Customer;
• Signature of the Customer (if the form is filled out on paper);
• Date of filling the form.

6.6.  In case of rejecting the agreement, the "Merchant” is obliged to return the amount paid to the customer fully, as well as, if any, the amount paid to compensate the cost of delivery, no later than 14 calendar days after receiving the notification about the agreement cancellation. The "Merchant” is not obliged to refund the customer the amount paid to compensate for the additional cost associated with the customer choosing a non-standard or more expensive delivery service than the one offered by the company;

6.7.  In case of cancellation of the purchase agreement, the "Merchant” has the right to refuse the refund until the goods have been returned or the customer has received a document confirming the shipment of the goods, whichever is earlier, unless the company itself has undertaken to take back the goods.

6.8.  Refunds will be made in the same form of payment used by the customer, to the account number of the same person/citizen who made the payment, unless an additional agreement has been made between the customer and the "Merchant”.

6.9.   In case of rejection of the agreement, the customer is obliged:                                                                                               

• to return the goods to the "Merchant” or to a third party designated by him/her immediately after sending the notice of withdrawal from the agreement, but no later than 7 calendar days,unless the delaer himself/herself undertook to take back the goods;
• Topay only the direct (immediate) costs associated with returning the goods, unless the "Merchant”  himself/herself has borne this cost.
• The item can be returned only with a complete set and undamaged factory packaging. Also, the customer must return the accessories, e-vouchers and/or other items received during the current promotion at the time of purchase, which must be returned or exchanged together with the original/to be returned device. If the mentioned items/vouchers cannot be returned, their value will be deducted from the amount reimbursable to the customer.

6.10.           The flawless, pre-sale condition of the item will be confirmed at the moment of delivery of the item to the company by the Merchant's representative..

6.11.  The items, which are not subject to return:

• An item made to the customer's order;
• Delivered goods that were inseparably combined with other goods at the time of delivery;
• An item found to have any physical/external damage, with the factory box or packaging damaged, or with the Product ID/IMEI code removed.
• In other cases, which is stipulated by the Law of Georgia "On Protection of Consumer Rights".

6.12.           Items that the customer wishes to return are the customer's responsibility until they reach the Merchant's warehouse, and the risk of damage or loss to them is borne by the customer.                                                                                                       

6.13.           When returning an item, the customer must provide the "Merchant” with the relevant invoice number, receipts confirming the purchase of the item (if any) and the postal document as proof of sending the item to the seller.

7. Warranty

7.1.  The warranty conditions applicable to the goods purchased from the "Merchant” are indicated individually in the characteristics of the goods;                                                                       

7.2.  The warranty is valid if the goods are consumed in the territory of Georgia.

7.3  If the goods are found to be defective during the warranty period, the customer has the right to request the "Merchant” to eliminate the defect (Free repair of goods or, if not subject to repair, replacement of goods, price reduction/refund) or withdraw from the agreement.

7.4 The goods must be repaired or replaced within a reasonable period of time, in such a way that the customer does not face a significant delay, taking into account the nature of the goods and the purpose for which he/she purchased the goods.

7.5 Repair or replacement of the goods free of charge means that the "Merchant” will bear all costs (including labor force and material costs) necessary to ensure that the goods conform to the conditions stipulated in the agreement.                                                

7.6 The customer does not have the right to withdraw from the agreement if the defect in the goods is minor.

8. Conditions for using the electric car charging station

8.1 The registered User is given the opportunity to use the services offered by the dealer through the application, in particular, to charge the electric car legally owned by him/her through the electric charger/station legally owned by the "Merchant”. In addition, neither during registration nor before receiving the service, the User does not submit a document confirming the existence of the electric car in his/her legal possession, but for the purpose of receiving the service, he/she represents and warrants that the electric vehicle is in his/her possession or legally transferred from the owner and the owner is informed and consents to the charging of his/her vehicle through the electric charger/station.                                                                                           

8.2 The User acknowledges and confirms that:

8.2.1 The electric charger must be used in accordance with the instructions that will be posted on the site;

8.2.2 He/she uses the electric charger at his/her own risk, independently;                                             

8.2.3 In the event that, as a result of his/her direct or indirect use of the electric charger, any kind of damage occurs to the charger/station or the property owned by the "Merchant” located on it, he/she is fully responsible to the merchant, for which purpose the merchant is authorized to deduct the amount of the damage from the card saved in the website/application without additional consent of the User;                                                                                                                                          

8.2 Through the application, the User can make a reservation for an electric charger, which will be valid for 30 minutes after the reservation;

8.3 Before using the charger, the User must choose one of the following payment methods:

1. a) Indication of the amount - the User indicates the desired amount, which is blocked. After utilization of the mentioned amount, the service will be completed. If the service is terminated without the specified amount being fully utilized, only thatamount will be deducted from the blocked amount, whatever amount of energy was consumed by the " User" and the difference is returned to his/heraccount.
2. b) Full charging - a specified amount is blocked for the User, after using ofwhich this amount will be deducted and the same amount will be blocked again until the car finishes charging and finally only the spent part will be deducted from the blocked amount.

8.4 After the end of the service, the User has the right to park the electric vehicle in the territory of the station only for the period specified in the application as the free parking time (but not more than 30 minutes after the end of charging). After the expiration of the abovementioned period, the User is obliged to leave the station area immediately, otherwise the User will be fined for each overdue minute with the service fee of the corresponding charger, which will eventually be charged as a fine to the User from the account saved in the website/application. If there is insufficient amount in the account, the amount will be deducted from the account as soon as the corresponding amount is available in the account. In addition, in order to force the removal of the vehicle from the territory, the merchant is entitled to apply any legal means.                                

8.5 The User is restricted from using the electric charger and deleting the bank card memorized in the website/application, until the loss/damage caused to the merchant or the imposed fine is fully compensated.

 

9. Representations and Warranties of the User

9.1 By agreeing to the terms and conditions, the User confirms that:

1. a)He/she is a person who has reached the age of 18, has full (unlimited) legal capacity, is not under the influence of narcotic, alcoholic, psychotropic or toxic drugs, is not under the influence of error, fraud, pressure, threats or any illegal influence and is not the object of violence, threats, deception, misleading or other prohibited actions or by any third party, fully aware of the content of the manifestation of his/herwill, the essence of the provisions of the terms and conditions and the legal consequences arising from it;
2. b)  He/she has full authority to perform its obligations under these Terms or any other agreements and applications;
3. c) He/shehas become familiar with the terms and conditions and these terms are acceptable to him/her;
4. d) All data presented by him/heris accurate;
5. e) He/she is not engaged in or participating in any illegal activity (including money laundering, arms trafficking, terrorism or other illegal activities) under the legislation (which includes the legislation of Georgia and the legislation of the country of which the User is a citizen) of any jurisdiction;
6. f) His/heraction is not/will not be aimed at deceiving the company/merchant. Taking into account the mentioned principle, the document or/and information submitted by him/herto the company for the conclusion of the agreement or based on it and its execution is/will be unmistakable, accurate and complete at the moment of its presentation. The User shall immediately notify the Company in writing of all circumstances(s) that may conflict with his/her stated statements and/or cause a breach of the abovementioned warranties;              
7. g) He/she will conscientiously, completely and thoroughly fulfill the obligations assumed by the conditions;
8. h) He/she agrees that the company may process any information, including personal information, specified by or related to theUser in order to provide effective services.
9. i) Violation of the present statements, warranties and obligations is sufficient grounds for the company to unilaterally refuse to provide all or any of the services provided for in the agreement and terms.

  

10. Rights and obligations of the parties

10.1 The company is authorized:

10.1.1. To unilaterally change these "Terms and Conditions" at any time and post updated Terms and Conditions on the “website”/"Application". Further use of the “website”/"Application" by the "User" shall be deemed to be acceptance of the changes and additions.

10.1.2. To terminate the access of the User to the “Website”/"Application" at any time due to a technical problem, error, inaccuracy, illegal actions by an authorized "User" or any other reason that may harm the “Website”/"Application" or the "Company" itself;

10.1.3 To control all the actions of the "User" carried out on the “Website”/"Application" and in case of any violation, at its own discretion, to take appropriate measures, including blocking the "User" and restricting the right of re-registration to the person with the same data.                                                                                                                                                                                                                                                                  10.1.4. In the event that the "Company" becomes aware that during registration the "User" used the data of another person, incorrect data or if the "User" violates the obligations stipulated by the present "Terms and Conditions", the "Company" has the right to block the "User” and restrict the right of re-registration of the "User" (a person with the same data).

 

10.2. „User" is obliged:

10.2.1. To indicate real, complete, accurate and only available data about him/her at the time of registration. In case of violation of the obligation stipulated by the mentioned sub-paragraph, he/she is responsible to the "Company" or to third parties.

10.2.2 Not to disclose the password required to authenticate to the Website/Application. The "User" is responsible for the damage caused by the violation of the mentioned subparagraph.

10.2.3 To change his/her password and contact the Company immediately if the "User" reasonably suspects that his/her personal account information, password or other security access code(s) or means have been stolen, lost, misappropriated, unauthorized use or otherwise appropriated. Failure to comply with this obligation will endanger the security of the User's personal account, as well as result in his/her responsibility for any losses.

10.2.4  To ensure the accuracy of the information in his/her personal account and its updating. The company will not be responsible for any damage caused by the User's non-fulfillment of the mentioned obligation. The company has the right to request from the User at any time confirmation of the correctness of the information or presentation of documents or other evidence;

10.2.5. To follow these "Terms and Conditions"

10.3. The „User" is authorized:

10.3.1.  To update the data registered on the "Website"/"Application" at any time.

11. Processing/protection of the User’spersonal data

11.1 The "Company" ensures the processing and protection of the personal data of the "User" within the scope of its competence and on the basis of the applicable legislation.

11.2 The company/merchant processes the User's personal data for the following purposes:                                                                   

• User’sregistration on the Company's website/application;
• Delivery of ordered goods/serviceprovision to the customer;
• In case of the User's consent, sending different offers to the User for marketing purposes;

11.3 The basis for personal data processing is:

• The consent of the data subject;
• The fulfillment by the company of the obligations established by the legislation of Georgia.

 

11.4  The "User" as a data subject by registering on the Website/Application declares his/her consent and authorizes the "company" to store and process the data recorded by the "User" during the registration.

11.5 The data subject has the right to request the person responsible for the processing to confirm whether the data about him/her is being processed, whether the data processing is justified, and to receive the following information free of charge in accordance with the request:

1. a)  The data about him/her that is being processed, as well as the basis and purpose of this data processing;
2. b) About the source of data collection/retrieval;
3. c) About the period (time) of data storage, and if it is impossible to determine a specific period, about the criteria for determining the period;
4. d) About the rights of data subject provided for in this article.
5. e) About the legal basis and purposes of data transfer, as well as appropriate data protection guarantees, if the data is transferred to another state or international organization;
6. f) About the identity of the data recipient or the categories of data recipients, including information about the basis and purpose of data transfer, if the data is transferred to a third party;
7. g) About automated processing, including the decision made as a result of profiling and the logic used to make such a decision, as well as its impact on data processing and the expected result of processing.

11.6 The data subject has the right to receive the mentioned information no later than 10 working days after its request. In special cases and with proper justification, this term can be extended by no more than 10 working days, about which the data subject will be notified immediately.

11.7 The data subject has the right to get acquainted with the person responsible for the processing of the personal data about him/her and to receive copies of this data free of charge, except in cases where a reasonable fee has been established by the person responsible for data access and/or data copy issuance and/or processing in a form different from the form of data storage, due to the resource spent and/or the frequency of requests for their issue.

11.8. The data subject has the right to get acquainted with the mentioned data or/and receive their copies no later than 10 working days after the request. In special cases and with proper justification, the abovementioned term can be extended by no more than 10 working days, about which the data subject will be notified immediately.

11.9 The data subject has the right to request the person responsible for the processing to correct, update and/or fill erroneous, inaccurate and/or incomplete data about him/her. No later than 10 working days after the submission of this request by the data subject, the data must be corrected, updated and/or filled in, or the data subject must be informed of the reason for the refusal of the request and explained the procedure for appealing the refusal.

11.10 If the person responsible for the processing reveals independently of the data subject that the data in his/her possession is false, inaccurate and/or incomplete, the data will be corrected, updated and/or filled in and the data subject is notified within 10 working days of data correction.

11.11 The data subject has the right to request the person responsible for processing to stop processing (including of profiling) and delete/destroy data about him/her. No later than 10 working days after the abovementioned request, the data processing will be stopped and/or the data will be deleted or destroyed or the data subject will be notified of the reason for refusing the request and the procedure for appealing the refusal will be explained.

11.12 The person responsible for processing has the right to refuse to comply with the request provided for in paragraph 11.11, if:

1. a) there is any basis provided by the data processing legislation;
2. b) data is processed for the purpose of justifying a legal request or objection;
3. c) data processing is necessary to exercise the right to freedom of expression or information;
4. d) data is processed for the purpose of archiving for the public interest provided for by law, for scientific or historical research or statistical purposes, and the exercise of the right to stop, delete or destroy the data processing would make it impossible or significantly impair the achievement of the purposes of the processing.

11.13 The data subject has the right to receive information about the termination, deletion or destruction of data processing immediately after taking the relevant action, but no later than 10 working days.

11.14 The data subject has the right to request the person responsible for the processing to block the data if one of the following circumstances exists:

1. a) the data subject disputes the validity or accuracy of the data;
2. b) data processing is illegal, although the data subject opposes their deletion and requests data blocking;
3. c) the data are no longer needed to achieve the purpose of their processing, although the data subject needs them to submit a complaint/lawsuit;
4. d) the data subject requests the termination, deletion or destruction of data processing and this request is being considered;
5. e) there is a need to store the data in order to use it as evidence.

11.15 The person responsible for processing/the person authorized for processing is obliged to stop processing data for direct marketing purposes within a reasonable period of time after receiving the relevant request of the data subject, but no later than 7 working days. In order to ensure this obligation, the person responsible for the processing/the person authorized for the processing has the obligation to exchange information about the withdrawal of consent by the data subject.

 

12. "Cookie" policy

12.1 Cookie files and their use

12.1.1 Cookies - also known as cookie files, are small text files that help the website function smoothly and efficiently. They are stored on the User's device and can be deleted at will.                                                                                                                                

12.2 Types of cookie files:

12.2.1 Necessary Cookie files are required for the operation of basic website functions, page navigation and safe use.

12.2.2 The main purpose of functional cookie files is to remember the choices made by the User on the website, so that he/she does not have to make these choices again on each visit.

12.2.3 Analytical cookie files collect information about the website and its User behavior. Depending on which part and segment of the website the User interacts with.

12.3 Deleting cookie files - Cookie files are deleted from the web browser settings on the User's device. After deleting the cookie files, the website will again ask for confirmation to the Cookie Policy and Terms of Use.

 

13. Final Provisions

13.1 These Terms and Conditions are published on the Website and Application and are binding upon all Users who are already registered on the Website or Application from the moment of publication. The Company is entitled at any time unilaterally, by publication on the same Website/Application, to make changes to this document without further additional consent of the User. After the aforementioned change, the continuation of using the Website/Application and the services offered by the mentioned platform will be considered as consent to the changes on the part of the User.

13.2 Georgian legislation applies to the relations provided for in these terms and conditions. If any paragraph or part of these terms and conditions is revoked, invalidated or terminated for any reason, the mentioned paragraph or part thereof will no longer apply, which will not affect the validity of the remaining paragraphs of the terms and conditions;

13.3 Any disagreement that may arise between the parties must be resolved through negotiation, otherwise, the parties will apply to the Tbilisi City Court.

13.4 The User has the right to submit a claim to the company/merchant in oral or written form. A claim can be made verbally on the company's/merchant’s hotline, and in case of a written claim, the User has the right to contact the company/merchant at its legal address or by sending a message to its e-mail address.

13.5 The company will review the claim registered by the User within 30 (thirty) days after receiving the notification and will notify the User of the results of the review of the registered claim using the same form of communication.

13.6 In case of a claim regarding the violation of the User's rights, the User has the right to apply to the Legal Entity under Public law (LEPL), the Georgian National Competition Agency. The existence of the mentioned right does not deprive the User of the right to apply to the court.