The Georgian Competition and Consumer Agency has established that LLC "Foodly", which ensures the operation of the Bolt Food platform in Georgia, has committed an infringement, and has identified it as the undertaking responsible for that infringement.
In the course of the inquiry, LLC "Foodly" submitted that it was merely a partner of Bolt Food, the platform itself being operated by a foreign company. Having examined the evidence, however, the Agency established that it is LLC "Foodly" which carries out the activity relating to the operation of the Bolt Food platform in Georgia, and the company was accordingly identified as the party responsible for the infringement.
As the GCCA has clarified, consumers must be clearly informed as to precisely which trader-for example, which food establishment they are purchasing a product or service from. Where the platform fails to identify the trader, thereby rendering such identification impossible, the platform operator is, by law, deemed to be the party to the contract with the consumer. In light of the foregoing, responsibility for discharging the statutory obligations owed to the consumer rests with LLC "Foodly."
LLC "Foodly" is likewise responsible for the courier service offered through the Bolt Food platform. Accordingly, where an order is not delivered, or is delivered improperly, LLC "Foodly" must secure the restoration of the consumer's infringed rights in respect of that courier service.
The inquiry further established that consumers were not provided, on the Bolt Food platform, with the full range of information required by law. In particular, the platform did not adequately present information relating to the trader's identity and contact details, information on the rights arising under the statutory guarantee, and the material terms governing the right of withdrawal from a distance contract.
Under the GCCA's decision, LLC "Foodly" is required, within one month, to remedy the infringements identified, bring its activity into compliance with the requirements of the law, and restore the infringed rights of consumers.
Pursuant to the law, failure to comply, or improper compliance, with the Agency's decision within the prescribed time limit may result in a fine of up to two percent of the trader's annual turnover for the preceding financial year. Should the same infringement be repeated within twelve months, the fine shall be doubled.
