User Agreement
User
Agreement
Terms and Definitions
Seller - "Market net" Limited Liability Company,
which sells Goods remotely on the Website: www.boschtools.ge; actual address:
2, Brothers Zubalashvili Street, Tbilisi, 0108, Tbilisi.
Buyer - any natural or legal person who is able to accept
and pay for the Goods ordered by him in accordance with the procedure and on
the terms set forth in this Agreement and the applicable laws of Georgia.
Goods - material object of purchase and sale. Information
about Goods is placed by the Seller on the Website for sale through online
store by remote method. The list of Goods placed on the Website may be changed
at the Seller's discretion without notifying the Buyer.
The online store is the Seller's sales platform, located on
the Internet, which contains a catalog of Goods offered for sale (a virtual
showcase) and an interactive mechanism for placing an order for these Goods
with specifications of prices, as well as other information.
Website - the web resource of the Online Store www.boschtools.ge
.
Agreement - this User Agreement, which regulates relations
between the Buyer and the Seller.
Order - a document containing the list of Goods and services
selected by the Buyer in the online store. It is formed automatically by means
of stationary terminals in the Seller's retail stores or electronically on the
Site.
Delivery - delivery of Goods by a third party (carrier)
providing services to the Seller for delivery of the Order to the Buyer.
Retail Store - the Seller's sales area, located at the
actual address.
General Terms and
Conditions 2.
2.1 By ordering and purchasing the Goods on the Site, the
Buyer agrees and accepts all the terms and conditions set forth in this
Agreement. In case of disagreement with this Agreement, the Buyer shall
immediately stop using the online store's services and leave the Site.
2.2 The goods are presented on the Site through photo
samples, graphics, text and advertising materials, which are the property of
the Seller. At the Buyer's request, the Seller shall provide other information,
which is necessary for the Buyer to make a decision on the purchase of Goods,
including information on the certification of goods, by phone, by e-mail or
when examining the goods in the retail store.
2.3 By placing an order on the Website, the Buyer confirms
the conclusion of the transaction in accordance with the terms of this
Agreement. By registering on the Website, the Buyer agrees to the terms of
storage and processing of his/her personal data, as defined by the Seller's Privacy
Policy.
2.4 The Seller sells Goods through the online store on the
territory of the respublic of Georgia, resoublic of Azerbaijan and Armenia.
2.5 The Seller unilaterally accepts and changes the terms of
the Agreement. In relations between the Seller and the Buyer, the provisions of
the Agreement apply from the moment when the Buyer registered or started using
the Site.
3. Subject matter of
the Agreement
3.1 Seller, on the basis of the Buyer's Order and payment in
accordance with the terms specified on the page www.boschtools.ge, sells Goods
in accordance with prices published on the Site, and the Buyer pays and accepts
Goods under the terms of the Agreement.
3.2 The Seller shall deliver the Goods to the Buyer in the
manner and within the time limits agreed by the parties in the course of the
sale.
3.3 The procedure and payment for the Delivery of the Order
are stipulated in clause 7 of this Agreement.
3.4 The Seller reserves the right to refuse to sell the
Goods to the Buyer who violates the provisions of this Agreement.
3.5 The Seller reserves full and unconditional right to
unilaterally modify, i.e. change, supplement, delete and otherwise correct any
clauses and parts of the Agreement in any way without prior notification of the
Buyer. But this is not the basis for Seller's refusal of obligations under the
Orders already made by the Buyer.
4 Information about
Goods
4.1 The Photo images simulate the Commodities presented on
the Site. The actual appearance of the Goods may not coincide with the image
presented on the Website. Each photo sample is accompanied by text information:
article number, price and description of the Goods.
4.2 The online store reserves the right (but is not obliged)
to pre-check, review, mark, select, change or remove any content of the Site.
4.3 When the Buyer acquires technically complex goods that
require specialized installation, the Seller shall not be responsible for the
correctness of their connection and use, except for the cases when the Buyer
uses the services of the online store.
5. Product Order
5.1. The order of the Goods can be carried out:
in the online store - through the Website or by phone
numbers indicated on the Website;
by mail — for legal entities.
5.2. When ordering Goods through the Website, the Buyer must
go through the registration procedure, during which he indicates personal
(personal) data. When registering a Buyer, the system requests a password to
the login being registered. This password should be known only to the Buyer and
should not be disclosed to third parties. In turn, the Seller guarantees
non-disclosure to third parties of all user data entered during the
registration process. Detailed conditions for the storage and use of personal
data are set out in the Privacy Policy.
5.3. If, following the results of the Order formation, it is
found that the Seller does not have the required quantity of the ordered Goods
or does not have the necessary model, the Seller informs the Buyer about it
within 1 (one) business day. The Buyer has the right to agree to purchase the
Product that is in stock, instead of the one ordered before, or cancel his
Order.
5.4. The Order number is indicated in the product receipt,
invoice, electronic Order form on the Website and other documents generated by
the Seller confirming the fact of the Order and being an integral part of this
Agreement.
5.5. The Buyer has the right to change the composition of
the Order before the completion of the formation by notifying the Seller about
it by phone numbers indicated on the Website or by e-mail info@bosch.com.ge;
info@myall.ge; myallgeo@gmail.com. The valid confirmation of the Order in this
case will be the last confirmation by date.
6. Payment for The
Goods
6.1. Goods and Services are subject to payment at prices set
by the Seller.
6.2. Prices in the Online store include all taxes and are
indicated in the national currency. Payment is also accepted in the national
currency. The cost of delivery below GEL 50 is not included in the prices
indicated on the Website, but is discussed additionally when placing an Order
and is included in the documents generated when ordering.
6.3. The price of the Goods in the Online store can be
changed by the Seller unilaterally. At the same time, the price of the Goods
already ordered by the Buyer is not subject to change.
6.4. The Goods are subject to payment for cash or non-cash
payment.
6.4.1. Payment of the Goods for cash is carried out:
at the time of transfer of the Goods to the Buyer;
by transferring funds to the Seller's courier or the
Seller's payment agent.
6.4.2. Payment for the Goods by bank transfer is carried
out:
by payment by payment card at the time of placing the Order
or at the time of receipt of the Goods by the Buyer;
by transferring non-cash funds to the Seller's current
account (subject to specifying the Order number);
in installments by drawing up an appropriate application
when the Buyer makes the Goods;
by means of a transfer using the Seller's details specified
on the Website.
7. Delivery Of The
Goods
7.1. Delivery of the Goods ordered in the Online store is
carried out in several ways:
courier in the city (in accordance with the rates set by the
Seller on the page www.boschtools.ge);
transport company or post office to the regions (in
accordance with the tariffs set by this company).
7.2. The possibility of another delivery option not
described in this section is discussed separately with the interested Buyer.
7.3. The costs of delivery of the goods, if they are
provided, are paid by the Buyer. The exception is the promotions of the online
store, which involve free delivery.
7.4. If the Buyer did not receive the Goods through his own
fault (for example, he was absent at the agreed time at the place of receipt of
the Goods), the Seller has the right to demand payment for delivery services in
full, if the delivery method provides for payment. The repeated call of the
Seller's representatives for Delivery purposes is also paid by the Buyer.
7.5. When accepting the Goods from the Seller's
representatives, the Buyer must check the configuration and appearance of the
Goods, unpack, inspect and make sure that the Goods do not have external
mechanical damage, comply with the declared consumer properties, appearance and
configuration, operating instructions.
7.6. Any product purchased on the company's website
automatically has a one-year warranty, provided that the buyer has not violated
the terms of use of the product.
7.7. The Buyer has the right to accept or refuse the Goods
at the time of its Delivery by the delivery service in accordance with Section
8 of this Agreement.
8. Return of goods
and funds
8.1. The Buyer can return the Goods of proper quality within
365 (three hundred and sixty-five) days, not counting the day of its purchase,
using the services of transport companies, courier services. Payment of
transportation costs is carried out at the expense of the Buyer. The exchange
of Goods of proper quality is carried out if the specified Goods were not in
use, its presentation, consumer properties, seals, factory labels are
preserved, and there is also a commodity or cash receipt or other document
confirming payment for the specified Goods. The Buyer does not have a product
or cash receipt or other proof of payment. The return of the Goods within the
time limits provided for in this paragraph is possible if the Buyer is an
individual.
8.2. Goods of inadequate quality may be replaced with
similar Goods of adequate quality or returned to the Seller. In this case, the
cost of Delivery of the Goods is paid by the Seller. The exchange of Goods is
carried out by returning Goods of inadequate quality and selling a new Product.
The Seller reserves the right to accept the Goods of inadequate quality from
the Buyer and, if necessary, to check the quality of the Goods. If, as a result
of the examination of the Goods, it is established that its shortcomings arose
as a result of circumstances for which the Seller is not responsible, the Buyer
is obliged to reimburse the Seller for the costs of conducting the examination,
as well as the costs associated with its storage and transportation of the
Goods.
8.3. If any defect is found in the Product, the Seller has
the right to request the Buyer to provide a photo of: The
Product;
the claimed defect;
packaging;
manufacturer's nameplate.
8.4. If the Buyer has difficulties with the Goods purchased
from the Seller, he can contact the customer service department of the Online
store at the specified email addresses and phone numbers. Photographic
materials with detected defects are also provided there.
8.5. When receiving Goods from the Buyer, the courier of the
delivery service is obliged to issue a certificate of acceptance of the Goods
in the form of the Seller.
8.6. The refund of funds to the Buyer is made after the
inspection and acceptance of the Goods by the Seller's service center or the
store, provided that the Buyer fills out the relevant application.
8.7. The refund of funds to the Buyer is made in accordance
with the current legislation of Georgia, but in any case no later than 30
calendar days from the date of receipt of the relevant application of the Buyer
in writing or by e-mail.
8.8. The Buyer is responsible for the accuracy of the
details specified by him in the application for a refund.
8.9. The Seller does not accept claims for the Goods if,
upon acceptance, the Buyer opened the package and inspected the Goods with the
signing of the corresponding product receipt in the following cases:
the absence of the goods in the package, when it is returned
by the Buyer;
the presence of external mechanical damage;
lack of equipment;
no warranty card;
if the product is damaged due to the Buyer's fault or the
Product is not the one that was purchased in the Online store as a refund.
8.11. The Seller has the right to establish other conditions
for the return and exchange of Goods that do not violate the Buyer's rights in
accordance with this Agreement and the Legislation of Georgia.
9. Product Warranty
9.1. The Seller is responsible for the defects found in the
Product during the warranty period.
9.2. The warranty period is set out in the contract of sale
or warranty card. The terms of the warranty and warranty service are determined
by the manufacturer or Seller. Additional warranty conditions are described in
the "Product Warranty" section
9.3. The Seller is responsible for the defects of the Goods
for which the warranty period is not established, if the Buyer proves that they
occurred before the transfer of the Goods to the Buyer or for reasons that
arose before that moment.
9.4. The claims declared by the Buyer after the expiration
of the warranty period are considered by the Seller in accordance with the
procedure established by law.
9.5. Warranty service may be refused if:
Any protective signs (marks, seals) of the
factory/manufacturer are damaged.
The serial numbers assigned by the manufacturer or the
marking of the product do not correspond to the information specified in the
warranty card.
The products were repaired by persons or organizations that
do not have the rights and appropriate licenses, as well as the relevant safety
standards.
Defects are caused due to the use of the product for a
purpose that does not correspond to the established scope of application of
this product specified in the technical instructions or in the operating
manual.
Damage to the product occurred in violation of the rules and
conditions of installation and connection, operation, transportation and
storage.
Damage to the products occurred due to natural elements.
Which include: floods, fires, earthquakes and other situations, including
household factors that cannot depend on the Seller.
The products have electrical and/or mechanical damage during
visual inspection.
Damage to the product occurred due to the ingress of foreign
objects, liquids, insects or animals, various third-party substances into the
product.
Defects or damages are caused by the use of consumables that
cannot meet the requirements of operation. Also, if the damage is caused by the
use of spare parts and/or consumables that are not original or an official
replacement for the original.
10. Copyright
10.1. All information contained on the pages of the Website,
including images, product characteristics, text descriptions, design, logo,
trademark - are the property of the Seller. It is strictly prohibited to copy,
download and any other use of the content of the Online store for commercial
purposes without the prior written consent of the Seller.
10.2. The User undertakes not to send unauthorized
advertising messages (junk mail, spam) to the email addresses indicated on the
Site.
11. Confidentiality
11.1. The Seller guarantees the confidentiality of the
Buyer's data.
11.2. The Online Store reserves the right to terminate access
to the Personal Account and block and / or cancel registration without prior
notice to the Buyer and does not bear any responsibility for termination of
access to its services. In this case, the Buyer's information is destroyed, and
his registration is canceled.
11.3. In case of violation by the Buyer of the terms of this
Agreement, the Seller has the right to suspend cooperation and/or use of the
Site to this Buyer until the Buyer eliminates the violations committed and
compensates (compensates) the losses caused to the Seller by such violation in
full.
11.4. The Seller does not inform the Buyer about the removal
or refusal to publish reviews. The Seller has the right not to publish the
Buyer's feedback due to inconsistency with the actual experience of using the
Goods or if the information is not useful for other Buyers of the Site.
11.5. The Seller has the right to temporarily suspend the
operation of the Website for technical, technological or other reasons - for
the time of elimination of such reasons with or without prior notice to Buyers.
11.6. In order to quickly inform Buyers about new arrivals
of Goods, special promotions and sales, the Seller automatically includes in
his mailing list all the email addresses specified by the Buyer when registering
on the Site. This applies to those addresses that have an agreement in the
settings to receive mailings from the Seller by email. The Buyer has the right
to refuse the Seller's mailings by clicking on the corresponding link in the
newsletter.
12. Liability of the parties
12.1. The Seller is not responsible:
12.1.1. For the accuracy of the data specified by the Buyer
when registering and ordering the Goods, as well as for the sale and Delivery
of the Goods due to the Buyer's indication of false information about himself.
12.1.2. For the actions of related services and services
used to provide services to the Buyer, but not owned by the Seller: banks,
postal services, Internet service providers, email services, payment systems,
etc.
12.1.3. For any expenses of the Buyer, direct or indirect
damage that may be caused to the Buyer as a result of the use or inability to
use the services of the Online Store and incurred as a result of errors,
omissions, interruptions in work, deletion of files, changes in functions,
delays in data transmission, etc., which occurred through no fault of the
Online Store.
12.2. The Order may be cancelled by the Seller if the Order
is not delivered to the Customer through no fault of the Seller within 3
(three) days from the date of Order formation. In this case, after the
expiration of the period provided for in this paragraph, the Seller has the
right to refuse to fulfill obligations under this Agreement without notifying
the Buyer.
12.3. The use of the Site is allowed only by adults. The
Buyer is responsible for any (even without his permission) use of an account in
the Online store by a minor under the age of 18, as well as for all actions
committed by a minor on the Site.
12.4. For violation of the terms of this Agreement, the
Buyer and the Seller are responsible in accordance with the legislation of
Georgia.
13. Dispute Settlement
13.1. In case of any disputes or disagreements related to
the execution of the Agreement, the Buyer and the Seller will make every effort
to resolve them through negotiations, consideration of complaints, claims or
other appeals of the Buyer. If disputes are not resolved through negotiations,
they are subject to resolution in accordance with the procedure established by
the legislation of the Russian Federation.
13.2. In all other matters not provided for in this
Agreement, the Buyer and Seller are guided by the current legislation of
Georgia.
14. Special conditions, force majeure
14.1. The Buyer and the Seller are released from liability
for partial or complete non-fulfillment of obligations under this Agreement, if
this was the result of extraordinary events (force majeure) that occurred after
the conclusion of the Agreement. Such incidents include force majeure
circumstances that neither side could have foreseen or prevented by reasonable
measures: floods, fires, earthquakes, meteorite falls, explosions, storms,
epidemics and other natural phenomena, as well as military actions, terrorist
acts, acts of civil disobedience, etc.
15. Validity period
15.1. This Agreement comes into force from the moment the
Buyer registers on the Website or contacts the Seller to purchase the Goods.
15.2. The moment of appeal is the moment when the Buyer
actually began to carry out actions aimed at purchasing Goods from the Seller.
15.3. The court's recognition of the invalidity of any
provision of this Agreement does not entail the invalidity of the remaining
provisions.
