I.1 This document represents the Terms and the Conditions of the website www.automan.ge owned by Automan Ltd., which regulates the relationship between the company and any entity using the website;
I.2 Please read the Terms and Conditions in detail before using the Website and / or receiving any other services provided by the Company, as by being on the Website, you automatically agree to the terms and conditions by using the Company;
I.3 The Seller, the Dealer, and the Customer acknowledge that prior to the registration process, they got familiarized, agree, fully accept and undertake to fulfill the obligations set forth in the following agreements / documents: "Terms and Conditions"; "Privacy Policy" ;
I.4 The Dealer and the Seller declare and guarantee that the goods for sale mentioned in this contract will be legally and property-free;
II.1 Website - a company-owned website www.automan.ge used by the Company to provide services;
II.2 Company - a legal entity established in accordance with the legislation of Georgia “Automan” Ltd, identification number: 404546274; legal address: Georgia, Tbilisi, Mtatsminda District, P. Iashvili Str., N 4; place of business: Georgia, Tbilisi, Beri Gabriel Salosi N 132; person with representative authority: Ioseb Tsatava, P/N 62006062983; Email address: info@automan.ge, contact telephone: 0322 80 13 13;
II.3 Seller - an adult natural person and / or legal entity and / or economic entity registered on the “Website”, which sells the goods through it;
II.4 Buyer - an adult natural person and / or legal entity and / or economic entity registered on the "Website", which purchases the goods through it;
II.5 User - all entities that use the Website, including its assistants, receive services, regardless of whether they are registered on the Website;
II.6 Dealer - the seller with whom the company has an additional contract and who uses the service of delivery of goods sold;
II.7 Delivery service - the activity carried out by the Company, by which it delivers the goods sold by the Dealer through the “Website” to the Buyer;
II.8 Goods - the parts of the vehicles of different names;
II.9 Services - the means / tools / mechanisms provided by the Company to the Seller, the Buyer, the Customer, the Dealer in accordance with the terms of the contract, by which the company facilitates the sale of goods and other ancillary services by placing the Seller's goods on the website;
II.10 Marketing Services - the priority given by a company to the goods of a specific subject for a certain period of time, which is reflected in the placement of specific goods on the website at a predetermined time and place;
II.11 Terms and Conditions of the Website - the agreement posted on the Website, which together with this agreement regulates the relationship of the Seller, the Buyer and the User with the Company. In case of non-compliance with the terms and the conditions of this Agreement, the terms of this Agreement shall prevail;
II.12 Website Instruction - the set of the rules posted on the website by a company that allows the Seller, the Buyer, the Dealer and the users to obtain detailed information on the registration, authorization, use and management functions of the Website;
II.13 Party - the Seller or the Buyer or the User, or the Dealer separately;
II.14 Parties - the Seller, the Buyer, the Dealer, the User, and the Company together;
II.15 Third party - any entity other than the Company, the Seller, the Buyer, the Dealer, the User;
II.16 Working day - a calendar day except for holidays (Saturday, Sunday) and holidays provided by the legislation of Georgia;
II.17 Legal flaw - goods for which a third party can claim the Buyer for its rights, and / or the goods are encumbered with liabilities, and / or a dispute is pending in court, and / or administrative proceedings are underway, and / or an investigation / investigation is underway;
II.18 Material defect - goods that do not comply with the data specified in the goods description by the Seller on the website, and / or the parameters (quality) specified in the relevant document defining the quality of the goods;
II.19 Personal account - a personal space on the website for the Seller, the Buyer, the User, which can be accessed only through the website and in which it is possible to place goods for sale, purchase goods, place an order, receive advertising and / or marketing services to purchase goods, depositing / withdrawing a certain amount;
II.20 Personal account management - an action taken by the Seller in accordance with the contract, the Terms and the Conditions and the instructions on the website, according to which the Seller authorizes, posts on a personal page pictures, information and other conditions for sale of the goods for sale, sells goods; transfers / withdraws money to the personal account; change / correction / clarification of personal and other information on the personal account; receives services from the company;
II.21 Deposit / Advance - the amount deposited by the Seller, the Buyer, the User through a personal account, which is reflected in the national currency in a personal account and allows to purchase goods and / or marketing services;
II.22 Registration - a set of the actions performed by an interested person, which the latter performs in accordance with the instructions of the website to create a personal account;
II.23 Authorization - according to the instructions of the website, entering the personal account through the username and password entered in the appropriate column on the website by the Seller, the Buyer, the User.
III.1 Website is a company-owned platform that facilitates the sale of goods and other ancillary services by placing goods and services on the Website;
III.2 Website design, all items on it, photos, images, videos, text, logo, source code of the website and the database created by the company belong to the company and are protected by copyright in accordance with Georgian and international law;
III.3 Website is a platform that allows a customer to place their own goods on the Website (hereinafter referred to as the “Seller”) and also to choose to purchase the goods placed on the Website by the Seller (hereinafter referred to as the “Buyer”) (hereinafter referred to as the “User”).
IV.1 This article sets out the general terms and conditions for using the Website. Detailed information on registration, authorization, use and management of the website is described in the website instructions;
IV.2 The Seller, the Buyer, the Dealer are obliged to create a personal account in order to receive services from the Company through the Website. Detailed information for creating a personal account and a precise list of the actions to be taken are given in the website instruction posted on the website;
IV.3 In order to create a personal account on the Website, the interested person is required to register;
IV.4 Before registering, the User is obliged to get acquainted with and agree to the Terms and the Conditions, to enter in the appropriate field the one-time validation code received from the Company in the form of an SMS message to the phone number indicated by the latter; by registering the phone number on the website, the person wishing to register entitles the Company to send any text message (SMS) and / or contact it to the specified number, to confirm its identification and / or other services / proposals offered by the company. The consent specified in this paragraph / section applies to the Seller, the Buyer, and the Dealer;
IV.5 Personal account is a personal space on the Website for the Seller, the Buyer, the Dealer, the User, which can be accessed only through the website and in which it is possible to place goods for sale, purchase, sale, order, advertising services and / or marketing services. Receipt, deposit / withdrawal for the purchase of goods;
IV.6 After creating a personal account, the relevant entity has the right to manage its personal account. For the purposes of the document, personal account management is defined as the action performed by the user in accordance with the instructions on the website, according to which the user: authorizes, posts pictures, information and other conditions of sale of goods for sale, sells goods, selects goods, buys goods; transfers to / withdraws money from a personal account; change / correction / clarification of personal and other information on the personal account; receives services from the company;
IV.7 It is not necessary for the user to register in order to be able to access the goods, navigation buttons and search engine of the website;
IV.8 Both the Buyer and the User can place an order to purchase the goods;
IV.9 The Seller as well as the Dealer sells the goods;
IV.10 If the User or the Buyer buys the goods from the Seller, the latter selects the desired one from the goods posted on the Website, after which the User or the Buyer have the opportunity to contact the Seller at the contact number indicated by the Seller and determine all the conditions related to the purchase, except for the value of the goods. In this case, the Seller and the User / the Buyer independently determine the issues related to the delivery of the goods, the payment of the value of the goods, the quality of the goods, the return;
IV.11 Only when purchasing goods from the dealer does the Buyer use the delivery service provided by the Company;
IV.12 The presence of a special indication “Delivery Service” next to the picture / description of the goods indicates that the goods are being sold by the Dealer and the goods will be delivered by the Company;
IV.13 In order for the Buyer to purchase the goods from the Dealer, in accordance with the rules of use of the Website, the Buyer must:
IV.13.1 Add the desired item to the cart;
IV.13.2 Provide the following additional information required for the delivery service:
IV.13.3 Ensure the availability of funds on its own account, for the purchase of goods and, if necessary, for the transportation of the goods;
IV.13.4 Only if the Buyer strictly follows the rules of use of the website, all the fields are filled in, the payment / debit from the personal account will be successful, the company will be obliged to transport the purchased goods from the Dealer to the address specified by the Buyer.
1.1 Delivery of the goods to the Buyer is provided by the Company in accordance with the terms and the specified by the Buyer in the appropriate field of the personal account, and the Company is held responsible for the delay in delivery of the goods caused due to its own fault;
1.2 The Company shall be liable for the total or the partial loss and damage of the Goods when the goods are shipped, if the Goods have been damaged or lost between the time of receipt and the time of delivery. The company is obligated to deliver the goods to the Buyer in the condition in which it was received from the Seller. The Company does not inspect the quality, the properties, the quantity, condition, packaging of the goods, therefore the company is exempt from such liability;
1.3 The Company is obliged to provide the Buyer with the documents required by law on the goods sold from the Dealer (including the warranty documents);
1.4 The Company delivers the goods by means of transportation, which is technically in good condition, clean, in compliance with hygienic norms and is suitable for the transportation of specified goods;
1.5 When transferring the goods, the relevant tax document and / or acceptance certificate shall be concluded by and between the Company and the Buyer in accordance with the legislation of Georgia, as well as the photos of the goods shall be taken;
1.6 The Buyer is obliged to confirm the fact of transfer of the goods from the representative of the Company by signing the appropriate document;
1.7 The company representative is obliged to immediately receive the goods delivered from the dealer. The Company has the right not to accept the goods for shipment if the requirements of the Terms and the Conditions are violated by the Dealer. In this case, it will be considered that the Seller did not deliver the goods to the Company in order to be provided afterwards to the Buyer, therefore the Company is released from liability and the Buyer according to the law will have the claim towards the Dealer as well as will impose the penalty on the latter;
1.8 The Parties agree that the consignee and the issuer of the goods are entitled to receive or dispose of the goods on behalf of the party concerned;
1.9 The Company is obliged to store and transport the goods in accordance with the Dealer's instructions and established standards;
1.10 The Parties agree that the consignee and the issuer of the goods are entitled to receive or dispose of the goods on behalf of the party concerned.
2.1 The Company may be sued only if the goods were lost in shipment, damaged in whole or in part within the period from the time of receipt until delivery due to the fault of the Company, otherwise the Company is liable and the Seller, the Buyer, and the User exempts the company from the liability and refuses to claim any damages caused to each of the parties due to the action of the Company;
2.2 A complaint regarding the goods will be submitted to the Dealer and the Buyer has the right to submit claims to the Dealer:
a) In relation to the quantity of the goods, or to the noticeable defect, or if the goods do not comply with the parameters specified in the description of the goods on the personal page. Such a claim must be declared by the Buyer at the place of receipt of the goods upon receipt of the goods. The Buyer fixes this fact on the bill of lading or in the deed of delivery. A relevant act is also drawn up with the participation of the Buyer, the carrier of the goods, who takes photos of the goods. All the above-mentioned documents and the defective goods must be submitted to the Dealer as soon as possible after the discovery of the defect, but not more than in 24 hours;
b) The quality of the goods, if the buyer followed the rules of storage, installation, operation, established for the goods, which must be confirmed by a combination of credible evidence. Claims on the quality of the goods must be submitted no later than 2 working days after the defect is discovered, if an export investigation is needed and it requires more time, then within 1 working day after receiving the export investigation response. Upon finding a quality mismatch, the Buyer is required to draw up the report stating, among other factual circumstances, the exact name, quantity, characteristics of the goods, the quality mismatch, the circumstances in which the quality mismatch was found and pictures of the actual circumstances. Inappropriate goods must be sealed in the presence of witnesses. (If the defect was discovered during the non-working period or today, then the delivery time of the goods to the exporting institution is calculated after the end of the non-working period). In case of complaints about the quality of the goods, the Buyer is obliged to immediately notify the Dealer, and the Dealer is obliged to suspend the sale of the goods;
2.3 The Dealer is obliged to review the claim within 5 days from the date of its receipt, in case additional export research is required - within 10 days. The Dealer shall present the own decision to the Buyer within 1 day after the consideration of the claim and shall present the method of its elimination, namely either replacing the goods or returning the value of the defective goods to the Buyer in exchange for the return of the defective goods;
2.4 All advertisements are sent by the Buyer to the Dealer at the address from which the goods were delivered to the Buyer.
3.1 From the moment the Buyer completes the purchase of goods from his personal account, the ownership of the goods passes from the Seller to the Buyer;
3.2 The right of ownership is transferred to the Buyer even if the company representative delivers the goods to the address indicated in the personal account of the Buyer and fails to transfer them to the Buyer because the address turns out to be incorrect, or cannot be linked to the phone number specified by the Buyer, or the Buyer refuses to accept goods, which do not comply with the quality and the parameters of the goods. In this case, the Company has the right to charge the Buyer 15% of the value of the goods paid by the Buyer and keep the goods for 30 days, and after 30 days to sell it for at least 50% of the market value. With the received amount, the Company will reimburse the costs of the storage of the goods and other expenses related to the storage, sale and delivery of the goods. The amount remaining after deducting the costs incurred by the Company, upon written request of the Buyer will be returned to the Buyer within 15 working days after the request. Refunds will be made to the bank details in the personal account. If the Buyer does not request a refund in writing within 30 calendar days after the sale of the goods, the Buyer loses the right to request the amount and the money is transferred to the Company;
3.3 The Buyer may terminate the Purchase Agreement concluded with the Seller through the Website until such time as the Company has taken action necessary for the transportation of the Goods. The cancellation of the purchase agreement can be requested only by calling the telephone number listed on the Company website and only the Company will be authorized to cancel the order if there are preconditions under this article. In case of cancellation of the contract in accordance with this paragraph, the buyer shall pay to the company in the form of a fine 20% of the value of the goods provided for in the canceled contract;
3.4 The risk of accidental loss and / or damage to the goods is transferred from the Seller to the Buyer from the moment of delivery of the goods by the Company to the Buyer, which is confirmed by the Buyer with the technical means provided by the Company, signing the electronic version of receipt.
4.1 In case of purchase of the goods by the User or the Buyer from the Seller, the Seller and the User / buyer independently determine the issue of payment of the value of the goods;
4.2 In order to purchase the goods from the Dealer, it is necessary for the Buyer to complete the personal account with the required amount in full compliance with the rules of use of the website. To carry out this transaction, the Company applies for the services of JSC “TBC Bank”, regarding which you can find additional information in the terms and the conditions of JSC “TBC Bank”.
4.3 Upon purchase of the goods by the Buyer (click on the “Buy now” button), the relevant amount will be deducted from the personal account of the latter;
4.4 The Seller, the Dealer, and the Buyer can at any time request the transfer of the money in the personal account of the latter to the relevant bank account (refund);
In such case:
5.1 The Seller, the Buyer, and the Dealer are aware of and acknowledge the fact that the Company does not control who manages the Seller's personal account and the action performed during its management will be carried out in accordance with the contract, the Terms and the Conditions. Accordingly, the company is responsible for all the actions performed while managing a personal account;
5.2 The Seller / the Dealer is responsible for the photo, the video, the information, the advertisement text, the announcement posted on the personal account / website and is obliged to compensate to the Company, the Buyer, the User, any third party for the action specified by the Seller / the Dealer (information and posting other material on a personal account);
5.3 Posting a photo, video, information, advertisement by the Seller / the Dealer on the personal account / website does not mean that the Company agrees with the Seller / the dealer's action or the material published by the latter, or placed on the order by the Company;
5.4 Any photo, video, description, characteristics of the goods posted on the Company's website are for informational purposes only. The User enjoys complete freedom to use or not to use the website and / or any service of the Company;
5.5 The Seller / the Dealer is responsible for the actions of the persons and the damage caused by it, which the seller involves in the fulfillment of the obligations under the contract;
5.6 If the website does not function, the Company is released from the liability, therefore, the Seller, the Dealer, the Buyer, the User refuses to claim damages that may be caused to the latter by not working of the website and / or the personal account, of by working with interruptions;
5.7 From the date of non-delivery of the goods to the Buyer within the period specified in the relevant field of the Buyer's personal account and from the date of the written request of the Seller, the company will be fined by 0.05% of the value of the goods not delivered on time;
5.8 The Company is not liable for any legal or material defects in the goods. As well as direct, indirect, special, accidental, causal, non-contractual damage caused by such a defect;
5.9 Access to the content presented on the Website may depend on the features and limitations of the search engine. The company does not take responsibility for certain components or services of the website that are not available to the Seller, the Dealer, the Buyer or the user.
VI.1 The User, the Buyer, the Dealer, the Seller have the right to apply for a specific auto part with the company through the website;
VI.2 The order of the automobile part means the request made to the company by the interested person defined in the paragraph VI.1, on the basis of which the Company is entitled to submit an offer to the interested person, regarding which, in case of consent by the interested person, a relevant additional agreement will be concluded;
VI.3 In order to place an auto parts order for a company, it is necessary to implement the following:
VII.1 The Seller, the Dealer, the Buyer, and the User shall authorize the Company to process personal data in accordance with the Terms and the Conditions and the Privacy Policy;
VII.2 For the purposes of this Agreement, confidential information is: the information obtained from any form and any source known to the Seller in the course of the contract implementation, and may in any way relate to the Company or its employees or its founders or customers, including information used and processed by the Company. With any existing idea, method, system, concept, principle, document, process, method, and software;
VII.3 The Seller, the Dealer, the Buyer, and the User undertake not to disclose, disclose or otherwise distribute the confidential information or documents in any form, unless it is required by the law to disclose such information / documentation. In such case, the relevant entity is obliged, as soon as possible after the disclosure of the information / document, but not more than 2 (two) calendar days, to notify the company in writing of the content of the disclosed information / document, to whom it provided the information and on what basis;
VII.4 The matters related to the confidential information are regulated by the “Privacy Policy” , in addition to this Article. ;
VIII.1 The Parties shall be exempted from fulfilling of their obligations in the event of an insurmountable force majeure circumstance which impedes or delays the performance of any of its obligations and which is beyond the reasonable control of that party, and may not be avoided or prevented despite its appropriate action;
VIII.2 The Parties are obliged to inform each other about existence of the force-majeure circumstances within 48 hours after their occurrence. The existence of force-majeure circumstances must be certified by the relevant competent authority;
VIII.3 In case of the force-majeure circumstances, the term of fulfillment of the obligations assumed by the party shall be postponed in accordance with the term of validity of the mentioned force majeure circumstances.
IX.1 The Company has the right to make changes in the Terms and the Conditions, the Privacy Policy, about which the Seller, the Dealer, and the Buyer will be notified as soon as they enter the personal account. In particular, when logging in to a personal account, the relevant entity will be restricted from managing the personal account, until it agrees with the text of the changes in the Terms and the Conditions placed in a special window. After giving the consent, it will be considered that the relevant entity has received the changes and will be allowed to manage the personal account. In case the relevant subject does not agree with the text of the changes placed in the special window, he / she will select the appropriate column, after which he / she can no longer use the personal page and the company will be allowed to terminate all contractual relations with the seller, dealer, buyer;
IX.2 The Company reserves the right unilaterally, without prior notice, to modify the design of the Website and any component of the Website, including authorization, sale, placement of goods, offer, purchase and sale, deposit / withdrawal and other procedures.
