The Georgian Competition and Consumer Agency (GCCA), on the basis of examining 78 consumer complaints, has established that “Isurve” LLC engaged in unfair commercial practices.
The assessment of the evidence submitted by the consumers demonstrated that the trader systematically failed to comply with delivery deadlines for purchased goods. Moreover, in cases of order cancellation, the trader delayed the reimbursement of payments beyond a reasonable period. The investigation further revealed non-compliance with contractual obligations concerning the delivery of goods agreed between the parties.
In light of the above, the Agency found that the trader’s conduct constitutes a misleading commercial practice by action, in breach of the principles of fair trading and to the material detriment of a group of consumers.
Furthermore, in its decision, the GCCA determined that the maximum period for reimbursing consumers following the cancellation of an order shall not exceed 14 calendar days, any delay beyond this period shall be considered unjustified.
By the same decision, the Agency required the trader, within a period of one month, to bring the infringement to an end, restore the rights of affected consumers, and ensure full compliance of its commercial practices with the applicable legal framework.
Under Georgian legislation, in cases of non-compliance or inadequate implementation of the GCCA’s decision within the prescribed timeframe, a fine may be imposed, not exceeding 2% of the trader’s annual turnover for the preceding financial year. The imposition of a fine does not release the trader from the obligation to comply with the Agency’s decision, and any repeated violation within 12 months will result in the fine being doubled.