Return of goods

Law "On Protection of Consumer Rights"
From June 1, 2022, the Law "On Protection of Consumer Rights" came into force. The law is prepared in accordance with the legislation of the European Union, and from now on, consumers in Georgia have almost the same rights as in the European Union.

The law protects the consumer, only as a private individual, when he acquires certain goods or services to satisfy his personal needs. The law does not apply to a natural person if he acts for a certain professional or business purpose. For example, on the purchase of tools by a craftsman, or on the purchase of paints by an artist, etc.

What rights does the law give to consumers and what does it oblige entrepreneurs?

information

The trader is obliged to provide the user in the state language of Georgia, clearly and comprehensibly, accurate and complete information about the goods or services, which is necessary for the user to make the right choice. This is:

Name of goods or services.
Manufacturer's name.
Essential characteristics of the goods or services, e.g. Size, weight, capabilities.
Merchant's name, address and contact details.
In the appropriate case, the name and address of the technical service facility for the goods, transportation or installation costs, etc.
These requirements do not apply to a petty cash transaction intended for daily use if it is executed immediately.

Detailed requirements for providing food information are written in a separate technical regulation.

Delivery of goods

The trader is obliged to deliver the goods to the customer without delay, but no later than 30 calendar days after the conclusion of the transaction, unless otherwise stipulated by the contract.

If the trader has not fulfilled this obligation, the consumer can define an additional term for him. If the condition is not fulfilled within this period, the customer has the right to refuse the transaction and demand compensation for damages.

Determining an additional term is not mandatory if the delivery of the goods is related to a certain date. For example, if we ordered a cake for a birthday, but the pastry shop could not bake it that day, then we are not obliged to give it extra time.

Defective goods or services

If the goods or services are found to be defective, the trader is obliged to correct the defect; If this is not possible - in the case of the item, replace it with another similar item, or if this is also not possible, reduce the price of the item or service, or return the amount paid to the customer.

Goods or services are considered defective even if they do not correspond to the description provided by the merchant to the customer in advance.

The defect must be rectified or the goods replaced within a reasonable time, so that the customer does not face significant delay.

All costs (including shipping, labor and material costs) necessary to repair or replace the goods shall be borne by the seller.

In case of cancellation of the transaction, the customer has the right to demand compensation for the damage caused.

In case of receiving defective goods, the customer has the right to use the above conditions, if the defect of the goods was found within 2 years after its delivery. Of course, if the product has not expired.

The customer does not have the right to cancel the transaction if the defect in the goods is minor.

If the customer discovers a defect in the goods within 6 months of receiving it, until the contrary is proven, it is assumed that the defect existed when the goods were delivered. In this case, the seller must prove that the goods were faultless upon delivery.

Guarantee

A warranty condition that limits the user's statutory rights is void. For example, if a warranty condition provides for the replacement of defective goods only within a few days, weeks or months after the purchase of the goods, it is void.

Refusal of remotely purchased goods or services

In case of remote purchase of goods or services, the customer has the right to refuse it within 14 days without giving any reason.

This term is counted as:

a) in the case of services - from the conclusion of the transaction;

b) in the case of goods - from the receipt of the goods.

In order to refuse, the user is obliged to send to the trader a specially completed form or other unequivocal evidence that reflects the user's decision.

The trader is obliged to return the amount paid to the customer (including the amount of delivery of the goods) in full, without delay, no later than 14 calendar days after receiving the notice of withdrawal from the contract.

In turn, the user is obliged to:

to return the goods to the trader immediately after sending the notification, but no later than 7 calendar days,
to pay the cost of returning the goods, unless the trader has informed the customer that this cost would be incurred in the case of returning the goods.
If the trader does not inform the customer about the right to return goods or services under this law, the return is possible within 12 months.

The customer does not have the right to refuse the contract if:

The merchant has fully provided the services stipulated in the contract.
The delivered goods are perishable or have a short shelf life.
The item was hermetically packed and its tightness was broken after delivery, etc.
The above conditions related to remote purchase do not apply to those goods or services whose price does not exceed 30 GEL.


Terms of the transaction

A standard condition of a transaction (or contract) is a condition set by the merchant for the consumer, established in advance, intended for multiple use, which the consumer had the opportunity to familiarize himself with.

The standard terms of the transaction offered to the user in written form should be formulated in a simple and understandable language. Ambiguous terms of the transaction will be interpreted in favor of the customer.

Standard terms of the transaction are void if they conflict with the principles of trust and good faith and put the trader in an advantageous position compared to the consumer. Among them, the following conditions are void:

A provision that excludes the merchant's liability in case of damage to the consumer.
A provision that deprives the consumer of the right to demand that the trader correct the defect in the goods or fulfill other obligations assumed by the transaction.
A provision that obligates the consumer to pay more than the amount of damage in case of non-fulfillment of the obligation or gives the merchant the right to demand an inappropriately large amount of money for the reimbursement of expenses incurred by the consumer.
A provision that gives the trader the right to unilaterally withdraw from the contract when the consumer is not given the opportunity to exercise the same right.
A provision that gives the trader the right to withdraw from a contract concluded for an indefinite period without giving the consumer a reasonable period of prior notice.
A provision by which a contract concluded for a specified period of time is automatically extended without the consent of the user, or by which an unreasonably short period of time is set for the user to show his will to terminate or extend the contract.
The provision by which the trader sets different, inappropriately long deadlines for the fulfillment of his obligations than those stipulated by the norms established by the law, or by which the deadlines are vaguely defined.
A provision that imposes such conditions on the customer, which he did not have a real opportunity to familiarize himself with before concluding the contract.
A provision that gives the trader the right, without any significant reason, to unilaterally change the features/characteristics of the goods or services.
A provision that gives the seller the right to determine whether the goods or services conform to the terms of the contract, or to unilaterally interpret any of the terms of the contract.
A provision that obligates the consumer to fulfill the obligation under the contract, regardless of whether the trader fulfills the obligation imposed on him or not.
The provision limiting the right of the user to appeal to the court and others.
However, there are some exceptions.

Misleading or aggressive commercial activity

Prohibited:

Providing false information to users about products or services, or on the contrary, not providing proper information.
Establishing, managing or promoting pyramid schemes in which financial benefits are obtained by recruiting other users rather than by selling goods or services.
Hidden advertising.
Advertising goods or services as if these goods or services are produced/supplied by another entrepreneur.
Systematically sending unsolicited offers to users.
Directly soliciting the child to purchase advertised goods and more.
Discrimination

Discrimination of users, i.e. distinguishing them by any sign and treating them unequally, is not allowed.

In case of returning the item, please fill in the mentioned field: return form