This User Agreement (hereinafter referred to as the Agreement) defines the principles of interaction between the parties when offering to order goods (services) and purchasing them on the https://candyland.ge/ online platform, which is accessed through the website and / or through mobile applications.
1.1. Any use of the https://candyland.ge/, including visiting the https://candyland.ge/ website, viewing information, using services, is carried out in accordance with the terms of the User Agreement, which includes the conditions specified below, as well as the conditions specified in the relevant sections (pages) of the https://candyland.ge/ website.
1.2. Using the https://candyland.ge/, including, but not limited to, by registering on it and / or by purchasing Products, the Buyer unconditionally accepts all the terms of the User Agreement, agrees to comply with them and is responsible for the consequences of not knowing them.
1.3. The terms used in the User Agreement have the following meaning:
1.3.1. Seller (supplier) – Limited Liability Company ” CANDY LAND “, identification number 406298965, address: №2 Barbare Eristavi-Jorjadze, Tbilisi, post code 0178, Georgia, which is the owner of the Site and determines the procedure for its use, placing on the site https://candyland.ge/ its offers of Products for ordering by Buyers subject to the terms of the User Agreement.
1.3.2. Buyer – any individual who has the right to make purchases on the site https://candyland.ge/.
1.3.3. Product card – the page of the Site, which contains information about the Products and the conditions for their purchase.
1.3.4. Cart – a page of the Site, which contains a list of the Products selected by the Buyer before placing an order.
1.3.5 https://candyland.ge/ – a website on the Internet, identified by the web address https://candyland.ge/ (hereinafter referred to as the Site, on which the Seller offers Products, registration and tracking fulfillment of orders, exchange of reviews, as well as conducting advertising and marketing activities.
1.3.6. Products – goods, works and services that are offered by Seller and are available for ordering by Buyers on the Site.
1.3.7. Profile – the Buyer’s personal page on the Site, which contains the Buyer’s registration and contact data, as well as information related to his use of the Site.
- REGISTRATION. BUYER PROFILE
2.1. A buyer on Site can be an individual who has reached the age of 18 and has full civil legal capacity.
2.2. By registering and / or purchasing Products on the Site, the person confirms that he:
– hreached the age of 18, has full civil legal capacity;
– has read, unconditionally accepts and agrees with all the terms of the User Agreement and the conditions set forth in the sections (on the pages) of the Site;
– has read, unconditionally accepts and agrees to comply with all the terms of the User Agreement;
– indicates data (full name, mobile phone, e-mail, etc.), which are true and belong to him;
– agrees to the transfer of his personal data to third parties (including foreign subjects of relations related to personal data), their processing, storage, transfer and use on the terms determined by the agreement, and indicates the receipt of information about the owner of personal data, composition and content collected personal data, their rights under the law, the purpose of collecting personal data and persons to whom his personal data is transferred.
2.3. Using the Site, the Buyer has the right to use only those personal data, bank cards, bank accounts, documents that belong to him legally (issued in his name in the manner prescribed by law).
2.4. The Buyer’s data specified when registering and / or purchasing the Products on the Site are stored by the Seller and reflected in his Profile and are further used by Seller in the implementation and / or execution of his Buyer’s orders.
2.5. The Buyer has the right to change and supplement the data provided by him in the Profile during the entire period of making purchases on the Site.
2.6. By posting on the Site its proposals for the offer of Products, the Seller agrees and undertakes to comply with this User Agreement, including all the conditions specified below and in the relevant sections (on the pages) of the Site.
- TERMS OF PURCHASE
3.1. Registration and execution of orders on the Site is carried out in accordance with:
– The conditions specified in this User Agreement and in the sections (on the pages) of the Site;
– The conditions specified in the Product Card, on the ordering page, in the accompanying / service documentation and in the settlement documents;
– The terms of sale established by the Seller for a particular Product.
3.2. The Seller’s offer to conclude a sale and purchase agreement is contained in the Product Card on the Site, which indicates information about the product, its price and characteristics. By placing an order for goods on the Site, the Buyer accepts the Buyer’s offer and concludes an appropriate contract with him. The Seller may establish for the Buyers special terms of the contract for the purchase and sale of the Products that are offered to them on Site. The special terms of the contract for the sale of products established by the Seller are posted on the Site in the Product Card for the relevant Products by setting out their content (textual or other description) or posting a link to a source that sets out their content. By placing an order for Products for which the Site contains the special terms of the sales contract established by the Seller on the Site, the Buyer confirms that he is fully familiar with these terms and accepts them unquestioningly. The terms of the User Agreement and the sections (pages) of the Site that do not contradict the special terms of the sales contract established by the Seller when offering goods (services) to order and purchasing them on the Site are valid and are applied as usual order for all sides of the interaction.
3.3. In order to obtain any necessary, accessible, reliable and timely information about the Products or the Seller, which for some reason was not received on the Site or in the Application directly, the Buyer must contact the Seller.
3.4. The Sellers makes every effort to provide information about the Products as accurately as possible. For the completeness of reflecting information about the Products, the Seller have the right to correct errors, change or update information about the Products at any time.
3.5. The order, the terms of which were indicated on the Site with an error, in particular if an error was made in the indication of the price of the Products, is not concluded and does not create obligations for the Seller and the Buyer to buy and sell Products, unless both parties agree otherwise. In this case, the Seller may cancel the Buyer’s order and return the money paid for the Products (if it was already paid by the Buyer) or offer the Buyer to pay the correct amount of the cost of the Products.
3.6. Taking into account the peculiarities of the reproduction of images by various technical devices, some colors of the images of the Products on the pages of the Site may slightly differ from its colors in reality.
3.7. The details of the Seller of the Products are indicated in the accompanying documents (sales receipts, etc.) for the Products or documents confirming the fact of transferring the Products to the Buyer.
- ORDER PROCEDURE
4.1. To place an order on the Site, the Buyer needs:
– select a specific Product (click on the options available for selection – size, color, quantity and others);
– add the selected Products to the Cart (click the “Buy” button);
– send an order to the Seller (click the “Checkout” button in the Shopping Cart.
4.2. By placing an order, the Buyer confirms that:
– he agrees and unconditionally accepts all the conditions for the purchase of the Products ordered by him, set forth in this Agreement and on the pages of the Site, including in the Product Card and on the ordering page;
– he got acquainted with the information about the Products, the presence (absence) of preferences, discounts, special terms of payment and / or delivery, terms of warranty service, etc., received it in an amount sufficient to make a purchase;
4.3. The ordered Products can be sent to the Buyer in several separate shipments, depending on the number of goods, their dimensions, compatibility groups, different Sellers, storage location, available payment or delivery methods, the total cost of the basket, and other factors to optimize order fulfillment.
4.4. The number and cost of the generated items, as well as the cost of delivery of each of them, is reflected in the Basket before the Buyer places an order or to a mobile phone number and / or indicated in the Profile and / or carried out in another way, determined by Seller.
4.5. After placing an order, the Buyer sends him a confirmation indicating the order number by e-mail and / or to the mobile phone number and / or indicated in the Profile and / or carried out in another way, determined by the Seller.
4.6. The order is accepted for execution (the contract of sale between the Buyer and the Seller is considered concluded) after the Buyer receives confirmation of the acceptance of the order.
4.7. If it is found that it is impossible to fulfill the Buyer’s order, the Seller may reject the order, including after its confirmation, by sending the Buyer an appropriate message by e-mail and / or to the mobile phone number and / or leaving a mark in the Profile and / or notifying in another way determined by the Seller. In this case, the rights and obligations of the parties related to the purchase and sale, delivery and transfer of the ordered Products to the Buyer and their payment cease, and the cost of the Products paid by the Buyer is returned to the card from which the payment was made.
4.8. The Buyer independently bears all the risks associated with indicating false contact information, contact information of third parties in the Profile, transferring the number and other data of his order to third parties, saving the login and password to the account (Profile) or transferring his Profile data to third parties. All actions performed in the Profile and / or using the Buyer’s data are considered by the Seller to be the Buyer’s actions, and the Seller is not responsible for such actions.
- PRICE AND TERMS OF PAYMENT
5.1. The price of the Products is indicated in USD, is determined taking into account the tax status of the Seller and does not include the cost of delivery, which is paid by the Buyer separately in accordance with the selected delivery method.
5.2. The Seller has the right to unilaterally change the prices of the Products offered for purchase without notice. Unless otherwise specified in this Agreement, price changes are not allowed after the order has been accepted by the Seller for execution and the Buyer has received a confirmation message.
5.3. The method of making payment for the Products is chosen by the Buyer from the options available for this type of Products and indicated in the Product Card and / or on the ordering page.
5.4. The buyer can pay for the order in the following ways:
– by bank transfer of money to the Seller’s current account indicated in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment);
– cash on delivery upon receipt of the Order at the representative office of the delivery service on the territory of Ukraine or on the territory of another country in accordance with the place of ordering the goods;
– by credit card of the following type:
– in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When clicking on the page of the Site in the corresponding section of the button “ORDER” means that the Seller has notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of the Visa card, Mastercard, Visa Electron, Mastercard Electronic , Maestro.
5.5. The goods at the time of their transfer, and the service at the time of the Buyer’s request for its provision, must be fully paid.
- ORDER FULFILLMENT
6.1. The order is considered completed, and the ownership of the Products and the associated risks, including destruction and / or damage to the Products, pass from the Seller to the Buyer at the time of the actual transfer of the Products to the Buyer, which is confirmed by the Buyer’s signature in the corresponding document accompanying the Products, invoice (receipts , delivery register, etc.) and / or a document provided by the relevant delivery service confirming the transfer of the goods to the Buyer.
6.2. The term for the formation of the Order is up to 2 working days from the date of its registration. If the order is sent on a weekend or a public holiday, the formation period starts from the first working day after the weekend.
- TERMS OF DELIVERY
7.1. The Buyer receives the Goods by delivery, or receives it personally. Delivery is carried out all over the world.
7.2. The Buyer chooses delivery method notifying by e-mail and / or to the mobile phone number and / or indicated in the Profile and / or carried out in another way, determined by the Seller.The terms and conditions of delivery are determined by the respective delivery service depending on the delivery method chosen by the Buyer.
7.4. Delivery of the ordered Products to the Buyer is a separate service that is considered to be provided at the time the Products are received by the Buyer.
7.5. When delivering the Goods to other cities of Georgia or on the territory of another country, performed by Delivery Services (hereinafter referred to as the Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
7.6. The fact of receipt of the Goods and the absence of claims to the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature in the consignment note, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the amount specified and paid by the Buyer, complete according to the specification of this Goods and in proper (working) condition and quality.
All questions arising in the process of payment and receipt of the Goods, the Buyer can find out using the contact information in the Contacts section.
7.7. If the Product is returned by the Buyer, shipping charges are non-refundable, regardless of whether the Product is charged for return.
- GUARANTEE AND RETURN OF GOODS
8.1. The Products purchased on the Site are guaranteed in accordance with the current legislation and the service policy of the Seller (manufacturer / contractor).
8.2. If another warranty period is not specified in the Product Card (or in the accompanying documentation for the Products, in the settlement document, etc), the warranty period for such Products, determined by the Seller, is 14 (fourteen) calendar days from the date of its receipt.
8.3. If the Buyer intends to return the Goods, such a return is carried out in accordance with this User Agreement, taking into account the rules and conditions of the carrier or courier in force in Georgia or in the territory of another country in accordance with the place where the Goods were received.
- CLIENT SUPPORT. DISPUTE RESOLUTION
9.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Georgian legislation.
9.2. In the event of any disputes related to the implementation by the Parties of this Agreement, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. For disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
9.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Georgian substantive and procedural law.
9.4. The Seller and the Buyer can exchange information about the Products via e-mail, telephone communication (SMS), Viber, mobile applications, announcements and / or messages.
9.5. The seller is obliged:
– comply with the terms of this Agreement;
– fulfill orders of the Buyer in case of receipt of payment from the Buyer;
– transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Site, the completed order and the terms of this Agreement;
– check the qualitative and quantitative characteristics of the Goods during their packing in the warehouse;
– notify the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
9.6. The seller has the right:
– unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
9.7. The buyer is obliged:
– timely pay and receive the order under the terms of this Agreement;
– familiarize yourself with the information about the Goods posted on the;
– upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete complete set of the Goods – fix them in an act, which, together with the Buyer, must be signed by the person who delivered it to the Buyer.
9.8. The buyer has the right:
– place an order on the corresponding page of the Site;
– require the seller to comply with the terms of this Agreement;
– to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
- FORCE MAJEURE CIRCUMSTANCES
10.1. The parties are not responsible for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party that occurred after the conclusion of this Agreement, unpredictable and inevitable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or unfavorable weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.
10.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing of the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
10.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the execution was postponed due to the listed circumstances.
10.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the onset of force majeure, before the termination of this Agreement due to force majeure, the Parties make final settlements.
- 11. OTHER CONDITIONS OF THE CONTRACT
11.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order (sending a message to the seller about ordering the Goods, sending advertising messages, etc.).
11.2. By his own acceptance of the Agreement or by registering on the Site (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the subsequent purpose: the data that become known will be used for commercial purposes, in including for processing orders for the purchase of goods, receiving information about the order, sending by telecommunication means of communication (e-mail, mobile communication) advertising and special offers, information about promotions, sweepstakes or any other information about the activities of the Site.
For the purposes provided for in this clause, the Buyer has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as send sms messages, make calls to the phone number indicated in the questionnaire.
11.3. The buyer gives the right to process his personal data, including: to place personal data in databases (without additional notification of this), to store data for life, accumulate, update, change (as necessary). The Seller undertakes to ensure the protection of data from unauthorized access by third parties, not to distribute or transfer data to any third party (except for the transfer of data to related parties, commercial partners, persons authorized by the Seller to carry out direct data processing for these purposes, as well as to the mandatory request of a competent state organ).
11.4. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials by sending it to the postal or e-mail address.
11.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.