Terms and Conditions
Please read carefully.
The Terms and Conditions constitute a binding agreement between you and shopmart.ge (hereinafter referred to as the “Company” or shopmart.ge) and govern your use of the shopmart.ge website. The shopmart.ge website and/or its related services, including any communications made by the Company to merchants and customers regarding the services offered, are hereinafter collectively referred to as the shopmart.ge Platform.
Information that the Company obtains from you or third parties is processed in accordance with the privacy policy set forth in these Terms.
By agreeing to the shopmart.ge Terms and Conditions of Use, you also agree to the shopmart.ge Privacy Policy.
By agreeing to shopmart.ge's Terms and Conditions of Use, you also agree to shopmart.ge's Return/Exchange Policy.
Since the Client and the Merchant wish to open a personal account on the platform operated by shopmart.ge so that, respectively, the Client can purchase through the platform, and the Merchant can sell its own products, the Company, the Client and the Merchant agree to enter into an agreement on the basis of which the Client and the Merchant will open and use the account, the sale of products posted on its platform by shopmart.ge and delivery to the Client, the payment of fees by the Client, the reimbursement of the Merchant, the calculation of commission from sales made through the platform and the procedure for payment, as well as the closure of the account.
Please read these Terms of Use carefully before using the website.
All clients and merchants who wish to use the shopmart.ge platform are required to agree to and comply with the terms and conditions set forth below. The shopmart.ge administration reserves the right to unilaterally amend these terms and conditions at any time by posting them on the same website without further consent from the client and merchant.
1 . Definition of terms:
1.1. The terms and definitions used in these Terms and Conditions have the meanings defined below, unless the context clearly indicates otherwise:
1.1.1. Account – means an account registered on the Website by a Client or Merchant;
1.1.2. Authorization – means access to a personal account by a user and includes any action specified in Article 6 of these Terms and Conditions;
1.1.3. Terms of Use – means these Terms, together with any other terms and/or conditions that these Terms of Use, by appropriate reference, consider to be part of these Terms and which govern the Client's and Merchant's access to and use of the Platform, including in relation to any content, features and services offered on the Website;
1.1.4. Website – means shopmart.ge, through which the service is offered;
1.1.5. Client – a legal entity or individual who meets the requirements set forth in these Terms and Conditions and wishes to purchase Merchant products through the shopmart.ge platform;
1.1.6. Merchant – a legal or natural person who meets the requirements set forth in these Terms and Conditions and wishes to sell products through the Platform;
1.1.7. Company, we or our – means shopmart.ge, which is registered and exists in accordance with the legislation of Georgia, identification code: 405291090, registered address: Tbilisi, Vake district, Petre Kavtaradze st., №44, block B, commercial space №8 or any of its affiliates or subsidiaries;
1.1.8. User, Users – means a client and/or merchant registered on the shopmart.ge platform, respectively, separately and together;
1.1.9. Parties – means the Company and its Users;
1.1.10. shopmart.ge Platform – a platform operated by shopmart.ge, which includes, without limitation, the Shopmart website and/or all other alternative channels available to shopmart.ge;
1.1.11. Operation – any operation performed by the User in connection with his/her personal account and/or services.
1.1.12. Universal identifiers – a set of data provided to the user by shopmart.ge, using which he is registered in the identification system and is given the opportunity to use a number of shopmart.ge remote services and/or remote service channels;
1.1.13. Access Code(s) – codes, passwords, usernames, identification codes, universal identifiers and/or other types of confidential information that shopmart.ge may provide to the Client and/or Merchant for access to various services;
1.1.14. Agreement – an agreement concluded between the Users and shopmart.ge, which includes these Terms and Conditions and its annexes, if any.
1.2. Where the context so permits, words denoting the singular shall mean the plural and vice versa.
2. Representations and Warranties:
2. By agreeing to these terms and conditions, the User confirms that:
2.1. The Merchant is an independent contractor and is not an employee, partner and/or agent of the Company. The Company is not responsible for the quality of the products placed for sale on the Platform by the Merchant and the actual compliance of their characteristics with the description indicated on the Shopmart website (shopmart.ge).
2.2. The Company is exempt from any liability that may arise from the sale of products placed by the Merchant, including violation of the terms of the contract and warranty, non-compliance with applicable laws and regulations, etc.
2.3. Is a legal entity established in accordance with the legislation of Georgia or an individual aged 18 or over and at the same time is not a citizen of the European Union or a resident of a member state of the European Union.
2.4. Has full (unrestricted) legal capacity, is not under the influence of narcotic, alcoholic, psychotropic or toxic drugs, is not under the influence of error, fraud, pressure, threat or any unlawful influence and is not the object of violence, threat, deception, misrepresentation or other prohibited action by shopmart.ge or any third party, is fully aware of the content of the expression of his will, the essence of the provisions of the Terms and Conditions and the legal consequences arising therefrom;
2.5. The User has full authority (or will obtain appropriate authority) to enter into and perform the obligations set forth in these Terms and Conditions or any other agreements and applications;
2.6. Has read the terms and conditions and finds them acceptable;
2.7. All data submitted by him/her is accurate;
2.8. The User is not involved in or participates in any illegal activity (including money laundering, arms trafficking, terrorism or other illegal activities) as defined by the laws of any jurisdiction (including the laws of Georgia and the laws of the country of which the User is a citizen);
2.9. When opening a personal account and for the entire period of validity of the agreement, its activities and/or actions are/will be in compliance with local and/or international legislation.
2.10. His/her actions are not/will not be aimed at deceiving shopmart.ge or/and any third party/party. Taking into account the above principle, the document and/or information submitted by him/her to shopmart.ge for the purpose of concluding or based on and performing the Agreement is/will also be true, accurate and complete at the time of its submission;
2.11. He/She will fulfill the obligations assumed under the Terms and Conditions in good faith, fully and properly;
2.12. Agrees that after opening a personal account, shopmart.ge may search/verify and process any information specified by or related to the user, including personal information and/or universal identifiers, until the termination of the agreement.
2.13. The User shall immediately notify shopmart.ge in writing of all circumstances(s) that may conflict with its stated statements and/or result in a breach of the stated warranties;
2.14. shopmart.ge enters into the Agreement based on the representations, warranties and obligations contained in these Terms and Conditions and considers them to be the terms of the Agreement. Accordingly, any breach of the representations, warranties and obligations set forth in this Article after the Agreement is concluded shall be sufficient grounds for shopmart.ge to unilaterally refuse to provide all or any of the services provided for in the Agreement and the Terms and Conditions.
2.15. When reaching an agreement between the Client and the Merchant through the Platform, an agreement is concluded (hereinafter referred to as the “Purchase Agreement”), the terms of which additionally include these Terms and Conditions. The Company is not a party to the Purchase Agreement. It is only a supporter in the process of reaching an agreement between the Client and the Merchant through the Platform and its execution, which excludes its liability in case of violation of obligations arising from the Service Agreement. Accordingly, the Company is not responsible for:
2.15.1. The quality of the Merchant's products and the compliance of their characteristics with the data posted on the platform;
2.15.2. The accuracy of personal data provided to the Company by the Client and the Merchant;
2.15.3. Proper performance of the purchase agreement concluded between the Client and the Merchant;
2.15.4. The existence of a permit/license/certificate, if its existence is required by Georgian legislation for the sale of specific products stipulated in the contract;
2.15.5. Damage caused to third parties by the Merchant and/or the Client.
2.16. In the event of any misunderstanding/claim between the Client and the Merchant, the Company shall be fully exempt from any claims that the parties may have against each other.
2.17 The Client and the Merchant acknowledge and confirm that:
2.17.1 The design of the website, software package, main program code, software and other materials are subject to copyright and other intellectual property rights and are therefore subject to protection;
2.17.2 will not use any software that is equipped with artificial intelligence in connection with the use of the Service;
2.17.3 The Company’s website services may in certain cases involve connecting the User to third parties who may offer their own products or services. The Company assumes no liability or responsibility for the authenticity or merchantability or other legal or proprietary status of, or any features of, the products or services offered to you. Where we provide access to third party products and services, or hyperlinks to websites, we do so for informational purposes, in the belief that such information or matters may be useful to users of our website. Such links do not constitute an endorsement or responsibility for the opinions, ideas, products, information or services of third parties on this website or on any other websites to which we link, and we do not expressly/explicitly make any such endorsement or representation. You use third party information and/or links at your own risk and we do not accept (confirm) any responsibility or liability for the content, use or availability of such third party information and/or sites. We do not endorse the content or accuracy of such third party data or information, nor do we warrant that such content is free from infringement of copyright, trademark or other rights of third parties or that such content is free from viruses or other harmful components. Accordingly, we make no warranty or representation and assume no liability for any electronic information (its content) provided by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
3. Opening and Using a user account:
3.1. Rules for using shopmart.ge services by the buyer and the merchant:
3.1.1. Shopmart.ge-services for the buyer use:
- The buyer registers on the website Shopmart.ge;
- To register, the buyer provides a first name, last name, email address, and password that only he or she knows, and the system does not store it in plain text, but rather stores its hashed version, which is not accessible to anyone except the owner.
- To register, the buyer provides a first name, last name, email address, and password that only he or she knows, and the system does not store it in plain text, but rather stores its hashed version, which is not accessible to anyone except the owner.
- After completing the registration, the buyer selects the desired product or products on the website and adds them to the cart for the purpose of purchasing them.
- To complete the purchase, the user fills in additional information on the purchase page: personal number, mobile number, physical address, selects the desired delivery and payment methods, and completes the purchase procedure.
- If the buyer has any additional questions regarding the terms of service of shopmart.ge or a product of interest to him, he can contact the support team by e-mail: support@shopmart.ge
- The merchant registers on the website Shopmart.ge;
- For registration, the Merchant indicates: the name of the Merchant's store, identification code, legal address, physical address, telephone number, e-mail address, password (in accordance with paragraph 5.2), contact person, position of the contact person, mobile number of the contact person, e-mail of the contact person, and must also indicate information about the company (whether it is a VAT payer and whether it has VAT-exempt goods) and product categories that it sells;
- To complete registration, the Merchant must check the box indicating that they agree to Shopmart.ge's Privacy Policy and these Terms and Conditions;
- If the buyer has any additional questions regarding the terms of service of shopmart.ge or a product of interest to him, he can contact the support team by e-mail: support@shopmart.ge
3.1.2. For the use of Shopmart.geServices by Merchant :
3.2. The User is obliged to always keep his/her personal account access codes safe and never disclose them to third parties.
3.3. The User assumes full responsibility for any actions taken with his/her account. In the event that a person accesses the User's account on behalf of and at the direction of another person, it is assumed that he/she has sufficient authority to impose certain obligations on the User. The Company fully disclaims liability for any damage caused by a third party accessing the User's account.
3.4. The User is obliged to change his/her password and immediately contact the shopmart.ge Customer Service Center if the Client has reasonable suspicion that his/her personal account login information, password or other security access code(s) or means have been stolen, lost, misappropriated, used without authorization or otherwise misappropriated. Failure to comply with this obligation will jeopardize the security of the User's personal account and will also result in his/her liability for any loss/damage.
3.5. By opening a personal account, the user declares and guarantees that by opening a personal account, he does not violate any law or regulation. He is obliged to protect the interests of shopmart.ge and compensate shopmart.ge for all damages incurred as a result of the user's violation of the requirements set forth in this paragraph;
3.6. The User is obliged to ensure the accuracy of the information in his/her personal account and its updating. shopmart.ge shall not be liable for any damage caused by the User’s failure to comply with the above obligation. shopmart.ge shall be entitled to request from the User at any time to confirm the accuracy of the information or to provide documents or other evidence;
4. Universal identifiers registered in the identification system:
4.1. Username – one of the parameters automatically determined by the centralized identification system, which is necessary for authorization to receive remote services, and which is unique;
4.2. Password – one of the parameters necessary for authorization to receive centralized remote services, which the User determines upon registration in the centralized identification system, via the remote service channel(s) or other communication channel selected by shopmart.ge. The password is subject to subsequent update/change at the User’s discretion.
4.3. Mobile phone number – the phone number to which the User receives one-time access codes and one-time passwords (if any) required for performing operations specified by the centralized remote service.
4.4. User personal number/identification number;
4.5. User e-mail address – the e-mail address to which the Client/Merchant receives access codes and passwords (if any) required for performing operations specified by the centralized remote service. To receive centralized remote services, the Client/Merchant may be required to perform authorization using a simple (using a username and password) or complex (using a username, password and one-time code) authorization method. The authorization method for each relevant remote service channel(s)/services is also registered in the centralized identification system
4.6. For service improvement and/or security purposes, the Company may define additional or different user identifiers.
5. 5. Authorization::
5.1. After account registration and verification, the user undergoes authorization in order to use the website.
5.2. Authorization is carried out using universal user identifiers.
6. Selection of the desired product by the client, placing and receiving an order:
6.1. Authorization The client is redirected to the main page of the website, from where he can access various information using the navigation buttons.
6.2. Using the navigation buttons, the client selects the desired product category, after which he is given the opportunity to filter the data according to the desired price category, merchant, product characteristics and/or other offered data.
6.3. The client selects and places the desired product in his/her cart by clicking the “Confirm” button.
6.4. After placing the product in the cart, the client will be redirected to the payment page, where the cost of the product may be added to the cost of various services.
6.5. The client will be able to receive the products purchased through the shopmart.ge platform according to the rules of the predetermined delivery service.
6.6. The client has the right to exercise the right to return the purchased item, according to the attached return policy.
7. Relationship between the Company and the Merchant:
7.1. The relationship between the Merchant and the Company, including the payment method, is regulated in accordance with the terms of this article and the agreement concluded between the Merchant and the Company.
7.2. By registering on the shopmart.ge website, the Merchant confirms that he/she agrees to these Terms and Conditions and the Privacy and Security Terms.
8. Payments between Shopmart.ge and the Customer:
8.1. The Customer may make a payment by credit card, which constitutes acceptance of these Terms and Conditions.
8.2. When paying by credit card, the transfer recipient is the Company, which then sends the received amount/transfer to the Merchant.
8.3. When paying by credit card, the service fee provided by shopmart.ge is added to the cost of the product. :
8.4. The Company will provide support to the Customer in resolving any problems that arise when paying by credit card through the Customer Service Center.
8.5. When paying by credit card, the Company acts as the Merchant’s financial agent. The Client's obligation to the Merchant shall be deemed fulfilled from the moment when the value of the specific product and the commission charged on it are fully reflected in the Company's relevant bank account.
8.6. The Company shall transfer the value of the product paid by the Client to the Merchant's bank account only after the Client has fully and properly reflected the product and the commission charged on it in the Company's account.
8.7. The Buyer shall make payments to Shopmart.ge using the following payment methods
- VISA or MASTERCARD card on the website
- Online installments.
- Cash on delivery to the courier.
9. Warranty Conditions:
9.1. The parties agree that the distribution of warranty conditions and its validity period for a specific product is entirely the prerogative of the Merchant and the Company cannot be held liable for the absence of warranty conditions / refusal to correct any defect / non-conformity related to the product during the warranty period.
9.2. In the presence of warranty conditions, the client shall submit a claim directly to the Merchant during the warranty period. Independently of the Company.
9.3. You can learn more about the warranty conditions here:
10. Closing a personal account and restricting use:
10.1. shopmart.ge is entitled to unilaterally terminate or restrict the User’s right to use the Platform by means of a notification sent by e-mail if it considers that the requirements of these Terms and Conditions have been violated. In this case, the account shall be closed or the use of the Platform restricted from the moment of delivery of the notification specified in this Article;
10.2. In the event that the Company closes the Account or restricts its use for the reason specified in Article 11.1, the User shall not be entitled to create a new Account in his or her own name or in the name of another.
10.3. The User shall be entitled to terminate the use of the shopmart.ge Platform at any time, which shall not result in the termination of the confidentiality obligation provided for in this Agreement.
11. Prohibited Transactions and Additional Merchant Guarantees:
11.1. The purchase and/or sale of the following products through the shopmart.ge platform is strictly prohibited:
- Drugs or related paraphernalia;
- Firearms or ammunition;
- Cable and satellite television signal jamming devices;
- Pornographic materials;
- Government identification documents and licenses, as well as reproductions and innovation samples;
- Unlicensed lottery and gambling related services;
- Multi-level marketing, pyramid-style trading or Ponzi schemes, matrix programs or other get-rich-quick schemes or high-yield investment programs;
- Goods or services that infringe the intellectual property rights of third parties, including without limitation the illegal use of electronic downloadable programs;
- shopmart.ge reserves the right, within its sole discretion, to increase or decrease the categories of prohibited transactions;
11.2. In the event that the User carries out or attempts to carry out a transaction in violation of the prohibited provisions specified in this Article, shopmart.ge reserves the right to:
- terminate or suspend the operation of the Client's personal account; and/or
- notify law enforcement agencies about the operation; and/or
- request compensation for damages from the Client;
11.3. The Merchant represents and warrants that:
- It has all licenses, permits, certificates, liability insurance (if any) and other documentation required by applicable law for the sale of a specific product;
- It will comply with applicable law and professional ethics when selling the product;
12. Shopmart.ge’s Liability Limitation:
12.1 You agree that you are free to choose whether or not to use the Company’s website and services and that you do so at your own discretion, discretion and risk.
12.2 The Company provides your access to the website and the provision of services in accordance with these Terms and Conditions. The Company makes no other representations or warranties in relation to the Services or any products or services that form part of the Services and, accordingly, the Company’s liability in relation to the Services is excluded (to the extent permitted by law) (including implied warranties of merchantability and/or fitness for your purposes). In particular, we do not warrant that the Website and/or Services will be available at all times or will be free from bugs, viruses or other errors.
12.3 The Company shall not be liable to you or any person, whether in contract, negligence, tort or otherwise, for any loss or damage arising out of or in any way connected with your or any third party’s use of the Services, whether direct or indirect, including, without limitation, damages for loss of business, loss of profits (including loss or non-receipt of anticipated profits), business interruption, or other monetary or material/material loss.
12.4 The Company shall not be liable to you or any other person, whether in contract, negligence, tort or otherwise, for any loss or damage arising out of or in any way connected with your use of any link contained on the Site. The Company shall not be liable for the content of any internet website linked to from the Site or its services.
12.5 You acknowledge that the Company shall not be liable to you or any third party for any changes, restrictions or discontinuance of access to the Site.
12.6 You agree that in the event that the Company’s website does not function properly, there is a disruption or interruption of an operation, transaction or transmission, loss or damage to data or communications or lines, unlawful use of the Site or its components by third parties, or any circumstances beyond our control:
12.7 The Company shall not be liable for any loss, including loss of profits, resulting from the foregoing, and such loss shall not be recoverable;
12.8 If any such error results in an increase in your winnings or winnings payable to you, you shall not be entitled to receive such winnings. You shall immediately notify the Company of such error and shall return to the Company any winnings credited to your account as a result of such error (as directed by the Company) or the Company may, at its discretion, deduct the amount of such winnings from your account.
12.9 shopmart.ge is responsible for:
12.9.1 the correctness and timeliness of transactions made to the User's personal account in accordance with the rules set forth in these Terms and Conditions and applicable legislation;
12.9.2. the confidentiality of information about transactions made on the personal account, except for cases provided for by law;
12.10 shopmart.ge is not responsible for:
12.10.1. the quality of the product;
12.10.2. in the event of warranty conditions, the failure to fulfill and/or improper fulfillment of the obligation assumed by the Merchant under such conditions during the warranty period;
12.10.3. for direct or indirect damage resulting from the sale of a defective product, which includes, without limitation, loss of income, loss of business and damage to reputation.
12.10.4. Shopmart.ge does not assume responsibility for the determination and payment of any transaction, obligation, or payment arising from the transaction between the Client and the Merchant;
12.11. Violation of the obligations specified in these Terms and Conditions shall entail liability as provided for in these Terms and Conditions and the applicable legislation of Georgia; The Parties undertake to compensate each other for any damage (loss) caused by their full or partial non-fulfillment or improper fulfillment of the Terms and Conditions in accordance with the procedure established by the legislation and/or the Terms and Conditions;
13. Term and Termination of the Agreement:
13.1. These Terms and Conditions shall remain in effect until the User’s registration is cancelled after they come into force.
13.2. The Client’s full and proper payment of the Product price to shopmart.ge upon purchase of the Product under these Terms and Conditions shall constitute the fulfillment of his/her monetary obligation. The fulfillment of the monetary obligation shall not result in the termination of these Terms and Conditions;
14. Governing Law and Dispute Resolution Procedure:
14.1. These Terms and Conditions shall be governed and construed in accordance with the laws of Georgia;
14.2. The Parties shall consider Georgia to be the place of performance of the Terms and Conditions;
14.3. Any dispute or disagreement related to these Terms and Conditions or their interpretation shall be resolved through negotiations between the Parties;
14.4. If the parties fail to reach an agreement through negotiation within 30 (thirty) calendar days, they unconditionally agree to resort to other means of dispute resolution provided to them by the legislation of Georgia, if they wish.
15. Amendments to these Terms:
15.1. These Terms may be subject to changes. Changes will be made by shopmart.ge without prior notice to the User, however, in the event of a material change to the Terms, the User must re-apply for them in order to continue receiving the Service without interruption. In the event of any material change to the Terms, the User will have the opportunity to consent to them when using any channel of shopmart.ge.
16. Unified Agreement
16.1. These Terms and Conditions, together with any other agreements related to them, constitute the entire agreement with respect to the Website and/or the Services and supersede all prior and contemporaneous communications, understandings, and written or oral representations and warranties with respect to the Website and/or the Services.
17. Privacy Policy:
17.1. Please read the Privacy Policy carefully. By accessing and using our website – shopmart.ge, you acknowledge that you have read and agree to all the terms of the Privacy Policy and our website.
17.2. The Privacy Policy refers to shopmart.ge’s existing protection mechanisms against unauthorized access to personal data, through which shopmart.ge ensures the protection of your personal data.
18. Rules for Buying and Receiving Items:
18.1. The client will be able to receive the products purchased through the shopmart.ge platform according to the rules of the predetermined delivery service.
18.2. The recipient/deliverer of the purchased product may be:
- The buyer (client) in person;
- Any other person specified by the client.
18.3. If the client does not collect the purchased product in person and wants another person to collect it instead of him, in such a case, he must provide Shopmart with the personal data of the recipient, namely, first name, last name, personal ID number and address, so that Shopmart can correctly identify the recipient and deliver the product.
18.4. The rule described in this paragraph applies only to products purchased by non-cash payment (by card).
18.5. In case of cash purchase by the Client, the purchased product is delivered by Shopmart only to the Client or to an adult person specified by the Client, taking into account these rules.
18.6. In case of installment purchase by the Client, the purchased product is delivered by Shopmart only to the Client
18.7 Shopmart.ge reserves the right to cancel the order placed by the User at any time.
19. Return/Exchange Policy
19.1. Please carefully read Shopmart's return/exchange policy. By accessing our website – shopmart.ge and using the website, you confirm that you have read and agree to the return/exchange policy and all the terms of use of our website.
19.2. The Return/Exchange Policy applies to the terms and conditions of return/exchange of an item in case you wish to return or exchange an item you have purchased.
20. Transitional Provisions:
20.1. The headings mentioned in these Terms are used for convenience only and do not affect the definition and interpretation of the Terms;
20.2. Upon request, the User is obliged to provide shopmart.ge with any additional information and also to submit relevant supporting documents that shopmart.ge requires or are specified by the legislation of Georgia;
20.3. If any clause or part of these Terms is canceled, declared invalid or terminated for any reason, the said clause or part of it will no longer apply, which will not affect the validity of the remaining clauses of the Terms;
20.4. shopmart.ge has the right to unilaterally make changes to the text of these terms and conditions and to notify the customer about this through shopmart.ge's information media,
20.5. The User, without the written consent of shopmart.ge, is not authorized to transfer the rights and claims arising from these Terms or to impose obligations on another person;
20.6. By agreement of the Parties, the legal address of shopmart.ge is considered the place of performance of these Terms;
20.7. In cases not provided for by the Terms, the Parties shall be guided by the relevant regulatory norms of the relationship established by law and/or additionally agreed terms;
