A consumer is defined as a natural person who is offered or uses purchased goods or services exclusively for personal consumption and not for any commercial, industrial, or occupational purposes such as crafting or other similar activities.
A trader is any natural person, legal person or an association of persons acting within the scope of a commercial activity, and its purpose is to sell, deliver or facilitate the sale of goods or services to the consumer. Any other person who acts on behalf of the trader may also be considered a merchant.
An applicant is any person or group of individuals who applies to the National Competition Agency of Georgia or another authorised agency regarding the violation of consumer rights, whether or not their immediate interests were damaged.
If a consumer believes that their rights have been violated, they can take the following steps: Contact the trader: The consumer should first contact the trader and explain the issue, requesting that they fix the situation; Seek help from a consumer protection agency: If the trader refuses to restore the consumer's violated rights, the consumer has the right to file a complaint to the National Competition Agency of Georgia; The time limit for filing a complaint: The consumer can apply to the National Competition Agency within 2 years after the violation; An investigation by the agency: The Agency starts the investigation of an alleged violation of consumer rights if there is information that the trader's action violates or is likely to violate the right of a group of consumers.
Unfair commercial practice refers to any commercial activity that goes against the principles of good faith and may negatively impact an average consumer's behaviour concerning goods or services that have been delivered or intended for them. It can also significantly affect the economic behaviour of an average consumer group if the commercial practice is targeted towards them. Misleading or aggressive commercial practices are considered to be unfair. However, commercial practices that involve exaggerated claims or information that should not be taken literally in advertisements are not considered unfair. Aggressive commercial practices refer to activities that limit a consumer's right to choose freely or may change their behaviour through coercion, harassment, or the use of physical force or undue influence.
It's important to note that unfair commercial activities are prohibited!
A commercial warranty is a trader's additional commitment to a customer when selling a product or service. This type of warranty is offered in addition to the statutory warranty that lasts 2 years. It is important to note that a commercial guarantee does not replace the statutory warranty. Any commercial warranty that limits the consumer's statutory rights is not valid.
If the goods turn out to be defective, a consumer shall have the right to request from a trader that it eradicates the defect (repair or replace the goods free of charge, or reduce the price) or withdraw from the contract.
"Statutory warranty" refers to a legal guarantee provided by law for two years from the date of purchase. This warranty applies if the purchased goods are defective and do not function or look as described in the product information provided to the customer or in any advertisement or sample.
If a consumer discovers any defects in the goods they have purchased within six months of acquiring them, then it is assumed that the goods were defective at the time of delivery unless it can be proven otherwise by the trader. After six months, the burden of proof for product defects shifts to the consumer.
• The delivered goods or services are made to the customer's specifications or are clearly personalised;
• The delivered goods are liable to deteriorate or expire rapidly;
• The goods were delivered to the consumer tightly sealed and were unsealed after delivery, and therefore the goods are not suitable for return for reasons of health protection or hygiene;
• Goods which are, after delivery, according to their nature, inseparably mixed with other items of goods;
• Sealed audio or video recordings or sealed computer software were unsealed after delivery;
• Newspapers and magazines or other kinds of periodic publications, except for subscription contracts for the supply of such publications;
• The contract was concluded at a public auction and others.
• If you purchase goods or services remotely, you have the right to return them within 14 days without giving a reason. The 14-day period starts when you receive the item or conclude the service contract;
• If the consumer rejects the goods or services within this period, the merchant must refund the full amount the consumer paid, including the delivery cost;
• If the trader does not inform the customer about the right to return goods or services, the customer has the right to return them within 12 months after the 14-day period ends;
• A consumer should pay for the cost of returning the goods or services to the trader;
• This regulation does not apply to goods or services that cost less than 30 GEL.
When purchasing goods or services remotely, consumers are entitled to additional rights to protect them when they do not have the opportunity to inspect the product directly. These rights include:
• Clear information about the terms, conditions, rules, and exceptions for refusing the contract;
• Information about the cost of returning goods or services;
• About the existence of the code of conduct;
• Other information defined by the Law of Georgia "On Protection of Consumer Rights.
• Any contract made between a trader and a consumer in a place, which is not the business premises of the trader, and that requires the physical presence of the trader and the consumer
• A contract concluded on the business premises of a trader or through any means of distance communication immediately after the consumer was individually offered to conclude an agreement in a place which is not the business premises of the trader, in the physical presence of the trader and the consumer;
• A contract concluded during an excursion organised by a trader with the aim or effect of promoting and selling goods or services.
A distance contract is an agreement between a trader and a consumer created using one or more remote communication methods. The key feature of a distance contract is that it does not require the physical presence of either party. It's important to note that a contract cannot be considered a distance contract if the terms of the agreement were negotiated in person at a business location, even if the contract was ultimately signed using remote communication methods.
The trader must deliver the goods to the customer within 30 calendar days after the contract is concluded unless otherwise specified in the contract. If the trader fails to meet this deadline, the customer should give the trader a reasonable additional period of time to deliver the goods. If the trader still doesn't deliver the goods after this additional period, the customer has the right to cancel the contract and ask for compensation for any damages incurred.
Before concluding a contract, a trader is obliged to provide the following reliable and complete information to a consumer in Georgian clearly and understandably:
• The name and essential characteristics of the goods or services;
• The name, address, and contact information of the trader;
• The price of the goods or services, including any direct and additional costs;
• The warranty conditions;
• Any applicable terms and deadlines for the fulfilment of obligations;
• If applicable, the term of validity and the requirements of withdrawal from the contract;
• Any other information required by the Law of Georgia "On Protection of Consumer Rights".
