Trading Policy

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LLC “Modus” – Trade Policy
Rules and Conditions
Name: LLC “Modus”
Identification Code: 245565669
Address: Batumi, Pushkin St. 18/20
Phone: 032 2 06 01 01
Email: [email protected]
Website: www.modus.ge
Legal Warranty
• The seller is obliged to provide the buyer with goods in accordance with the terms of the contract.
• Goods are considered in accordance with the contract if they match the description provided by the seller to the buyer and have the same characteristics as the sample of the goods presented to the buyer by the seller.
• If the description provided by the seller is absent, the goods are considered in accordance with the contract if they are suitable for the purpose for which the buyer informed the seller at the time of contract conclusion, and which the seller agreed to.
• Goods purchased by an individual have a 2-year legal warranty in accordance with the Law of Georgia “On Consumer Rights Protection.”
• If the goods are defective, the buyer has the right to require the seller to eliminate the defect (repair or replacement free of charge, price reduction) or to withdraw from the contract.
• Repair and replacement of goods are the primary rights of the buyer. The buyer has the right to request free repair or replacement, except when this is impossible due to the nature of the goods or requires disproportionately large expenses.
• Goods must be repaired or replaced within a reasonable period so that the buyer does not experience significant inconvenience, considering the nature of the goods and the purpose for which they were purchased.
• Free repair or replacement implies that the seller bears all costs (including postage, labor, and materials) necessary to ensure that the goods comply with the contract conditions.
• The buyer has the right to request a price reduction or withdraw from the contract if one of the following conditions is met:
o repair or replacement is impossible;
o the seller has not repaired or replaced the goods within a reasonable period, and the buyer has lost interest in the performance of the contract;
o repair or replacement would cause significant inconvenience to the buyer.
• The buyer has the right to demand compensation for damages in case of contract termination according to the legislation of Georgia.
• The buyer does not have the right to withdraw from the contract if the defect is minor.
• If a defect is discovered within 6 months from the receipt of the goods, it is presumed that the defect existed at the time of delivery, unless proven otherwise, if possible according to the nature of the goods or the type of defect. In this case, the burden of proof lies with the seller. If the defect is discovered after 6 months, the burden of proof that the defect existed at the time of delivery lies with the buyer.
• A defect arising from improper installation of the goods by LLC “Modus” or under its responsibility is equated to non-compliance with the contract terms if the installation was part of the contract. This rule also applies to goods that the buyer must assemble or install and which were improperly assembled or installed due to defects in the instructions.
• The legal warranty does not apply to entrepreneurs/legal entities.
• The legal warranty is valid on the territory of Georgia.
Warranty Service is not provided or terminated if:
• the warranty period has expired;
• it is impossible to identify the item;
• information about the sold item is deleted, changed, altered; serial number is damaged or unreadable;
• damage is caused by removal of a seal or label;
• damage is caused by physical impact or improper use;
• damage is caused by lightning, foreign objects, liquids, violation of operating and storage rules;
• damage is caused by variable, high, or low voltage supply;
• damage is caused by malfunction of the electrical network or buyer’s fault;
• installation or repair works were performed by third parties causing damage;
• purchased goods were used for commercial or entrepreneurial purposes;
• when replacing defective goods, if the buyer did not provide the full set to the authorized service center, only the part delivered is replaced.
Delivery Terms and Conditions for Goods Purchased in a Store
• LLC “Modus” is obliged to provide the goods without delay, but no later than 20 calendar days from the conclusion of the contract, unless otherwise provided by the contract and the buyer is informed and agrees.
• Return of goods purchased in the store is possible within 3 calendar days. Goods are exchanged or money returned/credited within 3 calendar days if the product retains its original condition and the receipt is presented.
• Promotional and liquidation goods are not subject to exchange or return.
• Goods for personal use are not subject to exchange or return.
• Goods are stored in the warehouse for no more than 30 calendar days.
• If LLC “Modus” fails to fulfill its obligations within the term specified, the buyer has the right to set a reasonable additional period for performance.
• After the expiration of the additional period, the buyer has the right to withdraw from the contract and claim damages according to the Civil Law of Georgia.
• Setting an additional period is not mandatory if it is obvious that it will have no effect, or the buyer links performance with timely receipt of goods.
• If goods are unavailable, LLC “Modus” is obliged to immediately inform the buyer.
• Free delivery at LLC “Modus” hypermarket:
o Tbilisi – for purchases of 1000 GEL or more;
o Batumi – for purchases of 700 GEL or more.
• Delivery means delivery to the specified address and does not include unloading from the vehicle or carrying upstairs.
Online Order Delivery Terms
• LLC “Modus” is obliged to provide the goods without delay, but no later than 30 calendar days from the conclusion of the contract, unless otherwise provided by the contract and the buyer agrees.
• Free delivery for online orders:
o Tbilisi – for orders of 500 GEL or more;
o Batumi – for orders of 500 GEL or more.
• Otherwise, delivery cost is automatically calculated when adding items to the cart and specifying the address.
• Pickup is possible from a selected branch, with prior notification.
Unconditional Return of Online Orders
• The buyer has the right to withdraw from a distance contract or off-premises contract within 14 calendar days without giving any reason.
• The period is calculated as follows:
o For service contracts – from the date of contract conclusion;
o For sales contracts – from receipt of the goods by the buyer or designated third party;
o For partial deliveries – from receipt of the last item;
o For regular supply contracts – from receipt of the first item.
• The buyer bears no expenses except when choosing a more expensive delivery than the standard or when the product value decreased due to use not related to the nature or function of the product.
• The buyer is not obliged to cover the difference in price if LLC “Modus” did not provide full information on the right to withdraw.
• Withdrawal from a distance contract automatically terminates the related contract and restores the original state.
• The buyer must send the completed form (Appendix 1) or other unambiguous proof to [email protected] within the specified period.
• If LLC “Modus” does not inform the buyer of the right to return, the return is possible within 12 months after the 14-day period.
• The buyer cannot unconditionally withdraw if:
o the service has been fully provided with prior consent;
o the price depends on financial market changes beyond LLC “Modus” control;
o the item is custom-made or tailored to individual needs;
o the item is perishable or has a short shelf life;
o the item was hermetically sealed, and seal was broken after delivery;
o the item is inseparably combined with another item.
• Upon withdrawal, parties return received goods/services.
• For damaged deliveries, the buyer must notify LLC “Modus” and the carrier before signing delivery documents.
• In case of withdrawal, LLC “Modus” must:
o refund all payments including delivery within 14 days;
o use the same payment method unless otherwise agreed.
• For sales contract withdrawal, LLC “Modus” may withhold refund until receipt of goods or proof of shipment.
• The buyer must return the goods within 7 calendar days and cover only direct costs of return.
Appendix 1:
Information to send to [email protected] when withdrawing from the contract:
• Order date
• Date of receipt
• Buyer’s full name
• Buyer’s address
• Buyer’s signature
• Form completion date