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Established Violation
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The case of I/M Davit Bakashvili

2023-06-13

The National Competition Agency has completed the investigation of the alleged violation of the Georgian Law "On Protection of Consumer Rights" by Davit Bakashvili (P/N 01008064120).

As a result of evaluating and studying the circumstances of the case and the presented evidence, the agency established the fact of violation. In particular, according to the agency's decision, the fact of violation of the basic obligation of the merchant to provide information to the consumer, the right to refuse a distance contract and/or an off-market contract, as well as the obligation to replace/repair/return a defective item was confirmed. Accordingly, within one month, the merchant was ordered to restore the violated rights of consumers and to adjust his trade policy to the requirements of the relevant articles of the law.

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The case of "Uno" LLC

2023-06-08

The National Competition Agency has completed the investigation of the alleged violation of the Law of Georgia on "Protection of Consumer Rights" by "Uno" LLC.

On the basis of the order No. 04/66 of the Chairman of the National Competition Agency of Georgia dated February 10, 2023, the study of the case against Uno LLC was completed without assessing the fact of the alleged violation of the law, taking into account the agreement signed between Uno LLC and the agency on February 10, 2023 .

In accordance with the agreement, within 2 (two) months after the signing of the agreement, the trader had to fulfill the conditions stipulated by this agreement and within 3 (three) working days after the expiry of this period, he had to provide the agency with information about the measures taken, with relevant evidence.

On the basis of Article 33, Paragraph 10, Sub-paragraph "a" of the Law, the Agency has started a re-examination of the case regarding the improper fulfillment of the obligations stipulated by the Order No. 04/66 of February 10, 2023.

As a result of evaluating and studying the circumstances of the case and the presented evidence, the agency established the fact of violation. In particular, according to the agency's decision, the fact of violation of the basic obligation of the merchant to provide information to the consumer, the right to refuse a distance contract and/or an off-the-shelf contract, as well as the obligation to replace/repair/return a defective item was confirmed. Accordingly, within one month, the trader was instructed to restore the violated rights of consumers and to adjust his trading policy to the requirements of the relevant articles of the law.

 

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The case of "Aiplius" LLC

2023-06-05

The National Competition Agency has completed the investigation of the alleged violation of the Law of Georgia on "Protection of Consumer Rights" by "Aiplius" LLC.

As a result of evaluating and studying the circumstances of the case and the presented evidence, the agency established the fact of violation. In particular, according to the agency's decision, the fact of violation of the basic obligation of the merchant to provide information to the customer, to unconditionally return the remotely purchased goods to the customer without delay in compensation, and also to replace/repair/return the defective item was confirmed. Accordingly, within one month, the trader was ordered to restore the violated rights of consumers and to adjust his trading policy to the requirements of the relevant articles of the law.

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The case of the website touchbeauty.b2c.ge

2023-05-16

Based on the statement of citizen Nino Natenadze, the National Competition Agency has completed the investigation of the alleged violation of the Georgian Law "On Protection of Consumer Rights" by Tatia Gogadze (website - touchbeauty.b2c.ge).

As a result of evaluating and studying the circumstances of the case and the presented evidence, the agency established the fact of violation. In particular, according to the agency's decision, the fact of violation of the main obligation of the seller to provide information to the consumer and the obligation to replace/repair/return the defective item was confirmed.

Accordingly, within one month, the trader was ordered to restore the violated rights of consumers and to adjust his trading policy to the requirements of the relevant articles of the law.

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Business platform and Facebook page woot.ge case

2023-05-02

The National Competition Agency, based on the statement of the citizen Ana Gedenidze, completed the investigation of the alleged violation of the Law of Georgia "On Protection of Consumer Rights" by I/M Bayzada Nabievi (trading platform and Facebook page woot.ge).

As a result of evaluating and studying the circumstances of the case and the presented evidence, the agency established the fact of violation. In particular, according to the agency's decision, the fact of violation of the main obligation of information and replacement/repair/return of the defective item on the part of the merchant - to the consumer was confirmed.

Accordingly, within one month, the trader was ordered to restore the violated rights of consumers and to bring his trading policy into line with the requirements of the law.

In accordance with the legislation, in case of failure to comply with the agency's decision within the established period or improper compliance, the trader shall be fined. The amount of the fine should not exceed 2% of the trader's annual turnover of the previous financial year. A repetition of the violation by the merchant within 12 months will result in the doubling of the imposed fine. The agency's decision can be appealed in court.

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The case of the trading platform Facebook page "Your Glasses"

2023-05-02

Based on the statement of the citizen Nuka Elbakidze, the National Competition Agency completed the investigation of the alleged violation of the Law of Georgia "On Protection of Consumer Rights" by Londa Gogaladze (trade platform Facebook page "Your Glasses").

As a result of evaluating and investigating the circumstances of the case and the presented evidence, the agency established the fact of violation. In particular, according to the agency's decision, the fact of violation of the main obligation of the seller to provide information to the consumer and the obligation to replace/repair/return the defective item was confirmed.

Accordingly, within one month, the trader was ordered to restore the violated rights of consumers and to bring his trading policy into line with the requirements of the law.

In accordance with the legislation, in case of non-fulfilment of the agency's decision within the established period or untimely fulfillment, the trader shall be fined. The amount of the fine should not exceed 2% of the trader's annual turnover of the previous financial year. A repetition of the violation by the merchant within 12 months will result in the doubling of the imposed fine. The agency's decision can be appealed in court.

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The case of "Dilsi 2020"

2023-04-18

The National Competition Agency, in the online trade sector, has completed the case study on the alleged violation of the Law of Georgia on the Protection of Consumer Rights by "Dilsi 2020". As a result of evaluating and studying the circumstances of the case and the presented evidence, the Agency established the fact of violation.

 

In particular, according to the Agency's decision, the fact of violation of the basic obligation of the trader, to provide information to the consumer, to ensure selling price is indicated clearly, terms of delivery of goods and legal guarantee conditions was confirmed. Accordingly, within one month, the trader was instructed to change its internal policy and to restore the violated rights of consumers and conform its trade policy to the requirements of the relevant articles of the law.

 

For the failure to execute or for the improper execution of a decision of the Agency, the Agency shall impose a penalty on a trader. The amount of which shall not exceed 2% of the trader's annual turnover of the previous financial year. If, during a period of 12 months, a trader commits a violation repeatedly, he/she shall be subject to a penalty which is double the amount of the previously imposed penalty. A person has the right to appeal the decision of the Agency in the Court.

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The case of the Instagram/Facebook pages-lafreeo

2023-04-13

Based on the statement of citizen Nino Ninua, the National Competition Agency has completed the study of the alleged violation of the Georgian Law on the Protection of Consumer Rights by Tamar Bendeliani (trading platform Instagram/Facebook pages-lafreeo).

As a result of evaluating and studying the circumstances of the presented evidence, the Agency has revealed the fact of violation. In particular, according to the Agency’s decision, the fact of violation of the main obligation of the seller to provide information to the consumer and the obligation to replace/repair/return the defective item was confirmed.

Accordingly, within one month, the trader was instructed to restore the violated rights of consumers and to conform its trade policy to the requirements of the relevant articles of the law.

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The case of the concept

2023-02-10

The National Competition Agency, in the online trade sector, completed the investigation on the alleged violation of the law of Georgia on the protection of consumer rights by Marina Kelikhashvili (trading platform concept.koncepti).

As a result of the assessment and study of the circumstances of the case and the presented evidence, the agency established the fact of violation. In particular, according to the agency's decision, the fact of violation of obligations related to the main obligation of providing information to the consumer and the right to refuse the contract during online trade within 14 days was confirmed.

Accordingly, the trader was ordered to restore the violated rights of the user within one month and to make his trade policy conform to the requirements of the relevant articles of the law.

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The case of "Dills"

2023-02-08

The Georgian National Competition Agency has completed the study in the online trade sector on the alleged violation of the Law of Georgia on the „Protection of Consumer Rights“ by the company “Dilsi”. As a result of evaluating and studying the circumstances of the case and the presented evidence, the Agency has revealed the fact of violation.

In particular, according to the Agency’s decision, the fact of violation of the basic obligation from the seller to deliver information to consumers, requirements for the price of goods, terms of delivery of goods and the fact of violation of legal guarantee conditions was confirmed. Accordingly, within one month, the trader was instructed to restore the violated rights of consumers and to conform its trade policy to the requirements of the relevant articles of the law.

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