General terms and conditions of E. Miroglio Georgia LLC
for using Internet Shop www.dikastore.ge
I. GENERAL
1. This document constitutes the general terms and conditions or the conditions for using virtual platform for sale of goods www.dikastore.ge and its subdomains, which establish the rules of use, including the conclusion of a sale and purchase contract with this e-shop. By placing an order to the website www.dikastore.ge the customer declares that he/she is familiar with these General Terms and Conditions and accepts them for binding in his/her dealings with the Seller, and undertakes to observe them.
2. Identifying the user/ customer in order to reproduce his/ her statement, both for acceptance of the General Terms and Conditions and for the order made, is done through the log files stored on the server of www.dikastore.ge, storing the user/ customer IP address, as well as any other information.
2. DEFINITIONS
2.1. Seller – E. Miroglio Georgia LLCor any partner of E. Miroglio Georgia LLC.
2.2. Customer – any natural or legal person or other legal entity using the online DIKA shop in any way, including but not limited to viewing it, placing orders to it, buying, returning goods, etc.
2.3. Website – a virtual platform for selling goods located on the domain www.dikastore.ge and its subdomains.
2.4. Account – section of the Website formed by an e-mail address and a password that allows the Customer to send the Order and which contains information about the Customer.
2.5. Favorites – section in the account that allows the Buyer/User to create his/her own lists of favorite products.
2.6. Order – electronic document representing a communication form between the Seller and the Buyer through which the Buyer declares to the Seller via the Website his/ her intention to purchase Goods and Services from the Website.
2.7. Goods and Services – any subject matter of the sale and purchase contract from the Website.
2.8. Promotions – any commercial communication aimed at promoting certain Goods and/or Services that are offered in limited quantities, unless expressly stated otherwise in the commercial communication, for a specified period of time stated by the Seller.
2.9. Contract – represents the distance contract concluded between the Seller and the Buyer for the purchase and sale of Goods and/or Services from the Website, integral part of which are the present General Terms and Conditions for using the Website..
2.10. Content:
a/ all the information on the Website that is accessible through an Internet connection and the use of a device with an Internet connection
b/ the information regarding the Customers and related to the Goods and/ or Services and/ or the applicable tariffs from third parties with which the Seller has concluded partnership contracts in some form
c/ details of the Seller or other data relating to it
2.11. Refund – the action by the part of E. Miroglio Georgia LLC for refund to the Buyer as a result of cancellation or non-execution of a contract for sale and purchase from the Website, carried out only by bank transfer.
2.12. Specifications – all characteristics and/ or descriptions of the Goods and Services as outlined in their description, which is provided by the manufacturer.
2.13. “User” is any person who has loaded in the Internet the website (the site name) on his/ her computer.
2.14. “Order” is any selected goods and all other attributes related to the delivery and payment of the product by the customer/ user.
2.15. The Internet Shop www.dikastore.ge is owned by the E. Miroglio Georgia LLC LLC.
2.16 Dika - The trademark N28825 registered by the National Intellectual Property Center of Georgia - Sakpatenti.
2.17 Georgian Territory – Territory controlled by Georgian jurisdiction.
3. ORDER
3.1. The customer can place an order to the e-shop by specifying valid e-mail address; accurately filled in address for delivery of the goods; accurately filled in contact details – First name, Last name, phone number.
3.2. The Customer undertakes and is responsible for ensuring that all purchase details, which he/ she has stated by the order, completed and sent to the Seller, are true, complete and correct at the date of sending the order.
3.3. Any Goods and/ or Service added to the shopping cart are available for purchase within the available quantities. Adding Goods and/ or Service to the shopping cart does not result in the order being registered and automatically reserving the Goods/Service. The order is activated by clicking on the “Buy” button and after the Website loads the complete information for the respective order (ordered products, delivery date and address). This action has a legally binding force. The customer receives a confirmation of the order by electronic message /e-mail/ from address online.georgia@dika.com and, upon receipt of this confirmation, the contract is deemed to have been concluded. The place of concluding the contract is the address of the seller’s head office, and the date of concluding the contract – the date of sending of the confirmation by the seller. The place of delivery of the goods is a locality on the Georgian territory. Contracts with place of delivery outside the Georgian territory are not concluded and are not executed.
3.4. Upon successful completion of the order, the Customer receives an order confirmation by e-mail at the e-mail address indicated by him/ her (E. Miroglio Georgia LLC LLC is not responsible if the Customer does not receive a confirmation e-mail because of incorrectly stated by him/ her e-mail address, as well as for a reason that is due to the electronic system where the customer's mail is registered). The confirmation by e-mail indicates the ordered goods, the order number, the date and time of the order. Prior to order confirmation, the Seller has the right to specify the order by phone, only if additional information is required. By receiving a confirmatory e-mail, the contract is deemed to have been concluded.
3.5. By sending the order, the Customer authorizes the Seller to contact him/ her in any possible way when this is necessary in connection with the order made or the Contract concluded. In order to contact the customer, the seller may use third parties, including his/ her commercial agents or assistants /call centers, etc./
3.6. The Seller has the right to refuse to execute and/ or to cancel an Order already made by the Customer, about which should notify the Customer, if the amount for the ordered products is not received in the Seller’s account for online payment, and in case that the data provided by the Customer on the Website are incomplete and/ or incorrect or the needs stated in article 3.1 were not fulfilled. In these cases the refusal, respectively the cancellation of the order shall not give rise to any responsibility or consequent liability of either party to the other one, and accordingly none of them shall have the right to claim compensation from the other party for the cancellation of the order.
3.7. The Seller reserves his right to terminate unilaterally the contract with the customer by electronic message /e-mail/ from address online.georgia@dika.com sent to the indicated by the user e-mail address in case that a part of or all the goods ordered are not available, or cannot be delivered for reasons beyond the control of the seller. In the absence of stock availability of the ordered product, within the working week the Seller shall inform the user/ customer of their depletion by sending a message to the specified by the customer e-mail address. In the event that a transfer has been made to Seller's account, by e-mail message sent to address dika@emiroglio.com, the customer may choose to be refunded the amount paid or choose another available item, and the price paid by the customer will be deducted to the price of the selected new item.
3.8. Goods purchased from the online shop may be returned or replaced in a Dika branded store of the seller or sent on customer’s account to seller’s central storehouse within 14 working days after the receipt of the goods. The goods must be accompanied by receipt or invoice; they shall be in excellent commercial appearance, with original labels and packaging, free from dirt and / or traces of cosmetic products.
In case that the customer wishes change of the size of the ordered product, he has to fill in “a replacement form for change with another size”. The replacement is made if the new size is available. In the absence of an express check mark for change of size of the ordered product in the replacement form, it shall be considered that there is a return of undesirable product.
In case that the customer wishes replacement of an item with different item model, he/ she shall fill in “a replacement form for change with different item model”. The replacement is made if the new item/ size is available. Upon replacement with a higher value item the customer pays the difference at the same time when sending the replacement form, or not later than the delivery date. Upon replacement with a lower value item, E. Miroglio Georgia LLC will refund the difference by bank transfer.
All transport costs for return and replacement of an item with different item model shall be at the expense of the Customer. The goods shall be returned with a return receipt, otherwise E. Miroglio Georgia LLC shall not be responsible for lost goods. The goods should be returned to the following address:
Rustaveli Avenue 40-40a
Tbilisi, Georgia
3.9. The refund of the amount for goods returned to a central storehouse to the address specified in p. 3.8. shall be made by bank transfer within 14 working days from the date of receipt of the goods in the central storehouse. The details of the bank account, which the buyer wishes to receive the amount in, shall be provided in the return form. E. Miroglio Georgia LLC is not responsible for an incorrectly specified bank account. All bank expenses for the refund are paid by the customer.
3.10. In the event that ordered and prepaid by the Customer Goods and/ or Service cannot be delivered / provided by the Seller, the latter shall inform the Customer thereof and shall refund to the Customer’s account the already paid Goods and/or Service within 7 (seven) days after the date on which the Seller has ascertained this fact or after the date on which the Buyer has explicitly expressed his/ her willingness to terminate the Contract.
3.11. The Customer may refuse an order without being necessary to specify reasons for his/ her refusal. Cancellation of order can be made by phone or by e-mail at the site www.dikastore.ge within 14 working days after receipt of the goods. In order a refusal to be considered valid, the User must provide: the number of the order made, the details stated in article 3.1 and shall fill in a return form for the goods, that shall be sent together with the delivery. All bank expenses for the refund are paid by the customer.
3.12. Claim can be made when the purchased product does not conform to the agreement in the sale and purchase contract between the parties. The discrepancy in the agreement between the parties may consist in:
a/ production defects of the goods;
b/ not delivering the entire quantity ordered
c/ delivery of goods different from those ordered;
d/ inconsistency with the declared size and/ or color – goods sent in different size and/ or different color than ordered;
e/ goods damaged during transportation.
3.13. The claim may be brought before E. Miroglio Georgia LLC at the indicated electronic address www.dikastore.ge, and meanwhile the Customer must return the goods within 14 (fourteen) days after the receipt of the product according to rules stated in article 3.8.
3.14. In the case of a claim, the Customer may choose to receive a product without defects or in any other size or color, or to return the goods against refund of the amount paid. An e-shop consultant may propose replacement of the product with one or more different items at price equalization or with a new item. The Customer shall pay the difference, if the other product is more expensive, or two products shall be offered for the same price, or the difference between the substituted and the new product shall be refunded to the User if the price of the new product is lower than the price paid by the User.
3.15. In case of reasoned claim, the customer returns the amount paid by him or exchanges the goods in the same kind of goods in accordance with Article 3.14 of this Agreement. If a customer demands his/her money back or the wishes to exchange goods during the given period of complaint and in the same period of time, E.Miroglio Georgia LLC has already started discount on the given product, customer will receive the refund in accordance with the discounted prices.
3.16. In all cases of replacement of goods, the transport costs are at the expense of the Customer in both directions, unless the substitution has been imposed by the fault of the Seller. In case if the customer wishes to replace or return a product, it can be done via a courier company at his/ her own discretion.
4. PAYMENT
4.1. The customer pays the full price of the product, announced on the seller's site. No partial payment is accepted. In case the customer pays only part of the announced price of the product, it is considered that the customer has waived off the contract and the amount paid is returned to the customer at his expense within the agreed term.
4.2. Payment is deemed to be effected with the validation of the seller’s bank account /for payment by bank transfer/ by submitting the amount to a courier /for payment by cash on delivery/Payment by debit or credit card.
4.3. The payment method is specified by the customer when submitting the order.
4.4. Payment costs are borne by the customer.
4.5. Payment of the ordered product can be done as explained below:
-transferring money to a seller’s bank account : “GSG BasisBank”, Account number -GE82BS0000000005936930. When the fully money is deposited on the seller’s account, seller immediately confirms the completion of payment and starts the process of delivering a product.
4.6. For each product ordered, the User shall pay the price announced in the e-shop at the time of the order confirmation.
4.7. The bank payment costs and the transport expenses are not included in the price and shall be paid by the customer.
5. DELIVERY OF GOODS
5.1. Deliveries are made by courier’s company “New Post International Georgia” /called courier or the courier/ only on the Georgian Territory.
5.2. Delivery is only made upon successfully accepted orders. When packing the ordered goods, the User shall be notified via e-mail. The goods are handed over to a courier for transportation to the respective address, and the filled in courier bill is a proof of the handing over the goods
5.3. The delivery period after acceptance of the customer’s order shall be within 2 to 5 working days. All orders sent shall be delivered with the option “review”
5.4. The price of the product delivery shall be paid by the Customer and it is as follows:
a/ upon delivery to any office of courier company or to the customer’s address:
Orders inside Tbilisi – 5₾
Orders outside Tbilisi – 10₾
5.5. Orders that are sent to a post office at customer's request will be stored in the courier's office within 10 working days from the date of dispatch. If the parcel is not asked for within the specified period, E. Miroglio Georgia LLC considers the contract terminated by the customer.
5.6. Upon delivery of the courier to the place of the order, the client is obliged to check the condition of the packed goods. If there is a noticeable external damage to the packaging of goods, he/she is obliged to notify the supplier using e-mail within 24 hours from the delivery, and in case of visually invisible damage, customer is obligated to write a complaint within 4 days from the delivery.
6. PROVISION, PROCESSING AND PROTECTION OF PERSONAL DATA
Personal Data Privacy Policy
6.1. E. Miroglio Georgia LLC, as an Administrator within the meaning of the law, collects personal data from individuals visiting the website of DIKA online shop, and in this regard undertakes to ensure the confidentiality and protection of the personal data provided by the customers/users through the DIKA online shop.
6.2. Any customer who uses the website and the services provided through it is deemed to be aware of this Policy and is committed to complying with it.
6. 3. What kind of personal data are collected
E. Miroglio Georgia LLC collects only those personal data of the customers that are appropriate, necessary, related to the purposes being processed (“data minimizing”), which does not include a special category of personal data (“sensitive data”). The personal information that is collected includes the information stated in article 3.1.
6. 4. The personal data, which E. Miroglio Georgia LLC collects in connection with the services offered by it through the website of DIKA online shop are always processed only for the specific purpose due to which the data are provided by the customers/users and are not processed in a way incompatible with these purposes.
6.5. E. Miroglio Georgia LLC, processing the personal data provided, shall ensure an appropriate level of security and protection against unauthorized or unlawful processing and against loss, destruction or damage by applying appropriate technical and organizational measures to that effect.
6.6. Basis for processing personal data
6. 7. Purposes for which personal data are processed
E. Miroglio Georgia LLC shall process personal data of its customers:
- for administering the registration of users at the online shop;
- for subsequent development, implementation and realization of the contract for purchase and sale, which is being concluded between the Administrator and the customers through the website of the online shop;
- to provide information directly related to the goods that customers request;
- to receive advertising messages about our proposals/offers/articles addressed to customers;
- when using re-marketing through trusted sites, including Facebook;
- when E. Miroglio Georgia LLC requires the opinion of its customers regarding the offered goods;
- when performing statistical analyzes and other analyzes of the services offered through the online shop;
- to notify changes to our General Terms, Privacy Policy, or our services.
6.8. How personal data are collected
Customers provide their personal data voluntarily when using our website www.dikastore.ge. For example, when sending a request for a particular article or service, or during the process of ordering the goods offered by E. Miroglio Georgia LLC through the DIKA online shop, and in particular when the customer/user fills in his or her personal data, which is a condition for access to certain features or services on the platform. The specified fields, which are indicated as mandatory for filling in, are the information the Administrator needs in order to conclude a contract for purchase and sale, to execute the delivery of the goods and for implementing the rights of the parties to the contract.
By providing the personal data under the previous point, the user agrees to receive by e-mail a confirmation of order and information for sending the order by courier. The user’s personal data shall only be used for the purpose of administering the particular order.
Upon consent to receive advertising messages, the user agrees to receive by e-mail current promotions, commercial offers.
6.9. Term of personal data storage
E. Miroglio Georgia LLC, as an administrator, shall perform all necessary actions to protect and store personal data according to Georgian law of “Protection of personal data”.
The data provided for marketing purposes shall be retained until users notify that they no longer wish to receive the relevant information from us. Once the data processing goals have been met, the administrator destroys the data.
6.10. Access to personal data provided by users
E. Miroglio Georgia LLC, as an administrator of personal data, undertakes not to sell, provide or share for marketing purposes to third parties the personal data provided. Only authorized persons shall have access to these data.
E. Miroglio Georgia LLC shall provide personal information for the personal data of its customers to third-party service providers, subcontractors and other related organizations solely for the purposes of performing service activities for the customers/users, which they have given their explicit consent for.
The user’s personal data shall not be disclosed to third parties without the prior consent of the customer until the date of destruction, unless required by a statutory instrument or lawful order of a body of public authority.
The employees of www.dikastore.ge guarantee and undertake to respect the confidentiality of the personal data of the users.
6.11. Right of access, correction or deletion of personal data
Customers/Users are entitled at any time to request:
6.11.1. Access to their personal data,
6.11.2. Correction of the personal data, which the customers/users have provided, when the data are inaccurate.
6.11.3. Deletion of the personal data
6.11.4. To perform the abovementioned actions of access provision, correction and deletion of personal data is only possible when the user requests this by a written application addressed to the Administrator, which should contain
1. Name, address and other identification data of the individual concerned;
2. Description of the request;
3. Preferred form for providing information;
4. Signature, date of filing, correspondence address and contact telephone;
5. Notarized Letter of Attorney when filed by an authorized person.
The application shall be sent to the address where the Administrator’s registered office is located, by registered mail or courier.
The Administrator shall notify the decision to execute the requested action or the refusal to do so within one month of application receipt. The notification hereof shall be sent by mail with a return receipt or can be received personally against signature.
6. 12. Right of objection
In the cases provided by the law, each user has the right:
If he/she considers that his/her personal information was unlawfully violated the customer may appeal it to the administrator. According to the law of protection of personal data, the customer may complain about Administrator’s decision to the data protection inspector.
7. FORCE MAJEURE CIRCUMSTANCES
7.1. The parties shall be exempted from fulfilling their contractual obligations in the event of force majeure circumstances.
7.2. Provided that within 14 (fourteen) days after the date of the force majeure event it does not cease, either party shall have the right to notify the other party that it terminates the Contract without owing compensation to the other party for any possibly incurred damages.
8. Rules for settlement of disputes
8.1. Any dispute between the parties is settled through negotiation. In case of failure - by court.
If you have questions regarding this Agreement, you can contact us at e-mail online.georgia@dika.com
