Mobile application: âMY GPCâ | Website: www.gpc.ge
Platform Owner/Trader: JSC âGephaâ (ID No. 201991229)
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Table of Contents
Article 3. Rules for Use of the Platform
Article 4. Rights and Obligations of the User
Article 5. Rights and Obligations of Gepha
Article 6. Intellectual Property
Article 8. Right to Withdraw from a Distance Contract
Article 10. Purchase of Products on the Platform
Article 12. Special Terms for the Purchase of Products through Partner Companiesâ Platforms
V. Communication and Complaint Handling
Article 14. Communication and Complaint Handling
VI. Amendments to the Terms and Conditions
Article 15. Amendments to the Terms and Conditions
VII. Personal Data Protection and Confidentiality
Article 16. Processing, Storage and Transfer of Personal Data
Article 17. Terms of Use of Cookies
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I. Preamble
Article 1. General Provisions
1.1. These Terms and Conditions establish and govern the terms of access to and use of our services and Platform by you (hereinafter âyouâ, the âUserâ, the âRegistered Userâ or the âBuyerâ, as the context requires).
1.2. The owner of the Platform and the trader is us â JSC âGephaâ, registered in accordance with the legislation of Georgia, identification number: 201991229, legal address: No. 24a Sulkhan Tsintsadze Street, Tbilisi, Georgia (hereinafter âweâ, the âCompanyâ or âGPCâ).
1.3. The Terms and Conditions apply to the services that are available to you, permanently or from time to time, through our online platform, which include, inter alia:
1.3.1. searching for and browsing Products;
1.3.2. the remote purchase and receipt of Products;
1.3.3. enrolment in and use of the Loyalty Programme;
1.3.4. the GPC Global service;
1.3.5. the purchase of Products through the platforms of partner companies;
1.3.6. marketing activities and other functions and services added from time to time.
1.4. Access to our Platform in any form, use thereof, registration of an Account, enrolment in the Loyalty Programme (including at a Retail Outlet), placement of an order and/or purchase of Products/services shall be deemed to constitute, and shall be equivalent to, your consent to these Terms and Conditions.
1.5. By expressing your consent to the Terms and Conditions, you confirm that you have read, familiarised yourself with and fully agree with their content, and you undertake to comply with them. These Terms and Conditions supersede all previous versions thereof.
1.6. If you do not agree with any part of the Terms and Conditions, please do not use the Platform and its services.
1.7. The Platform may be used only for personal, non-commercial and lawful purposes.
1.8. If the Terms and Conditions are available in a language other than Georgian, in the event of any discrepancy between the texts, the Georgian-language text shall prevail.
1.9. The Terms and Conditions shall be governed by and construed in accordance with the applicable legislation of Georgia.
1.10. Should you require any clarification regarding the Terms and Conditions, please contact us through the contact channel indicated on the Platform.
II. General Terms
Article 2. Definitions
2.1. Unless the context otherwise requires, the terms used in the Terms and Conditions shall have the meanings set out below:
2.1.1. âWeâ, âTraderâ, âCompanyâ or âGPCâ â JSC âGephaâ (ID No. 201991229), which owns and manages the Platform and provides access to it.
2.1.2. âPlatformâ â the mobile application âMY GPCâ, the website www.gpc.ge, its mobile version and any related software.
2.1.3. âUserâ or âyouâ â a natural person who has reached the age of majority as determined by the legislation of Georgia and who uses the Platform and/or is enrolled in the Loyalty Programme, regardless of the means of enrolment. The term includes both Registered and Unregistered Users, as well as the Buyer.
2.1.4. âRegistered Userâ â a User who has an Account on the Platform.
2.1.5. âUnregistered Userâ â a User who has not completed registration/authorisation.
2.1.6. âAccountâ â a personal account opened by a Registered User as a result of registration on the Platform, which belongs exclusively to such User and contains information about the User.
2.1.7. âRegistrationâ â the process of creating a personal Account on the Platform.
2.1.8. âAuthorisationâ â logging in to a personal Account on the Platform using identification data.
2.1.9. âProductsâ or âProductâ â any service and/or product placed by us on the Platform for sale, including medicinal products, cosmetics, baby food, medical devices, personal care products, accessories, special offers, etc.
2.1.10. âBuyerâ â a Registered User who purchases a Product remotely through the Platform.
2.1.11. âSellerâ â us, as the seller of Products remotely through the Platform.
2.1.12. âDistance Contractâ â a distance sale or service contract concluded between us and you by means of distance communication.
2.1.13. âLoyalty Programmeâ â our loyalty programme âZgharbiâ, the terms and conditions of which are set out in these Terms and Conditions.
2.1.14. âLoyalty Cardâ â the âZgharbi Cardâ, having the terms and functions determined by the Loyalty Programme, which is initially opened (issued) upon enrolment in the Loyalty Programme at a Retail Outlet and is reflected on the Platform after the Registered User has entered their personal number, in accordance with Article 9 of these Terms and Conditions.
2.1.15. âPersonal Data Protection Policyâ â the Personal Data Protection Policy available at the following link: https://gpc.ge/ka/privacy-policy
2.1.16. âPartiesâ â you and us collectively.
2.1.17. âRetail Outletâ â any physical facility (including a pharmacy or other retail premises) used by us for the purpose of selling Products and/or providing services, which is in our ownership or use (including on the basis of lease, rent, usufruct, loan for use or any other legal basis), irrespective of its location, and which operates in accordance with the requirements of the legislation of Georgia. Orders placed through the Platform are fulfilled (Products are sold) from a Retail Outlet.
Article 3. Rules for Use of the Platform
3.1. To use the Platform, you must agree to these Terms and Conditions. Any use of the Platform shall be construed as consent to the Terms and Conditions, and the Terms and Conditions shall apply to you in full.
3.2. The Platform may be used by an adult natural person who is a Registered or Unregistered User. The Platform provides for certain restrictions for Unregistered Users, which may change from time to time and information about which will be made available to you on our Platform.
3.3. We reserve the right, from time to time, in the course of the use of the Platform and for the purpose of selling Products, to establish on the Platform additional rules and processes that will apply to Products in whole or in part and that we will make available to you by means of electronic communication (e.g. push notifications, in-app notifications) or through another communication channel.
3.4. Registration is carried out by completing the mandatory fields provided on the Platform and passing the established identification procedure. Your authorisation shall remain in effect in the event of continuous 45-day use of the Platform.
3.5. Upon registration, you confirm the correctness, accuracy and completeness of the data provided.
3.6. You are responsible for maintaining the confidentiality of your Account data and password and for any action performed through your Account.
3.7. The risk of unauthorised use of the Account or of a suspected breach and/or a breach of its security lies with you, and you must notify us thereof immediately.
3.8. In the event of loss of the data required for authorisation, recovery will be carried out using the registration data held by us. The recovery process shall be determined by means of electronic communication carried out on the Platform.
3.9. We reserve the right to change the form and process of registration and authorisation, including to request additional information from Registered Users.
3.10. We reserve the right, from time to time, including for the purposes of ensuring Account security, preventing fraud, verifying the accuracy of the data provided or complying with requirements established by law, to require your identification (verification), as a Registered User, by a method chosen by us. Within the framework of identification, data are processed only to the extent necessary to achieve the relevant purpose, in accordance with the âPersonal Data Protection Policyâ. If you refuse to undergo identification (verification) or it is not completed successfully, we are entitled to restrict or suspend your access to the Platform and/or use of your Account until verification has been successfully completed.
3.11. Cancellation of Account. You are entitled to cancel your Account at any time from the Platform or through remote communication with us. In the course of cancellation of the Account, we reserve the right to request additional information and/or identification.
3.12. We reserve the right, unilaterally and without prior notice, to suspend, restrict or terminate your access to the Platform or your Account if we consider that the Terms and Conditions and/or the applicable legislation of Georgia have been breached or that other objective circumstances exist.
3.13. Any electronic communication made by us through the Platform (notification, instruction, additional rule or description of a process) that establishes or clarifies the terms of use of the Platform shall form an integral part of these Terms and Conditions.
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Article 4. Rights and Obligations of the User
4.1. You have the right to:
4.1.1. use all the functions and services of the Platform that are available in accordance with your status;
4.1.2. receive accurate information about Products, their prices, delivery terms and the Loyalty Programme within the scope of the data published on the Platform;
4.1.3. update or delete your data, cancel your Account and exercise the rights provided for by the âPersonal Data Protection Policyâ at any time;
4.1.4. contact us with a complaint, question or request through the communication channels.
4.2. For the purposes of using the Platform, you represent and irrevocably warrant that:
4.2.1. you are of full age in accordance with the legislation of Georgia;
4.2.2. you use the Platform solely for personal, non-commercial purposes, of your own free will and without coercion by any third party;
4.2.3. any information provided by you is truthful, accurate and complete;
4.2.4. at the time of concluding the Distance Contract, you are not under the influence of narcotic, alcoholic, psychotropic and/or toxic substances, nor are you under the influence of mistake, fraud, pressure, threat or any unlawful act, and you are not the object of violence, threats, deception, being misled and/or any other prohibited act on the part of any third party;
4.2.5. you do not participate in any activity prohibited by the legislation of any jurisdiction (including money laundering, arms trafficking, terrorism or any other unlawful activity);
4.2.6. you are not a person with whom financial transactions are prohibited under economic or trade sanctions;
4.2.7. when opening a personal Account on the Platform, when using the Platform, when purchasing a Product through the Platform and throughout the term of the Distance Contract or of the Terms and Conditions, your activities and/or actions are/will be in compliance with local and/or international legislation;
4.2.8. you will not perform any action prohibited by the legislation of Georgia or by these Terms and Conditions.
4.3. You are obliged:
4.3.1. not to restrict or impede the use of the Platform by any other person;
4.3.2. not to upload/transmit to the Platform any data containing viruses, spyware or other malicious software/code;
4.3.3. not to copy, reproduce, frame, publish, download, distribute, connect by means of a link or hyperlink (deep link) or otherwise use the content of the Platform or any part thereof for commercial or non-personal purposes without our prior written consent;
4.3.4. not to infringe our intellectual or other property rights or those of third parties;
4.3.5. not to post and/or upload (including in the GPC Global module) any incomplete, false, inaccurate, offensive, defamatory, obscene, discriminatory or otherwise unlawful information, or links to/advertisements for competing or similar businesses;
4.3.6. not to engage in âphishingâ or attempt to decrypt, disassemble or reverse engineer any part of the Platform, or to circumvent digital rights management or security mechanisms;
4.3.7. not to use any automated engine, robot, âspiderâ or other mechanism for the purpose of navigating, searching or extracting data from the Platform;
4.3.8. not to cause damage to, or endanger, the integrity, security and proper functioning of the Platform, its network, systems and data;
4.3.9. to read the instructions, package leaflet and rules of use/safety accompanying the purchased Product, as well as the information published on the Platform.
Article 5. Rights and Obligations of Gepha
5.1. We use our best efforts to provide you with an accurate, complete and up-to-date range of Products and to ensure the proper operation of the Platform. Your access to and/or use of the Platform may be temporarily restricted, in whole or in part, which shall not constitute a breach of this statement.
5.2. Any information shared on the Platform and/or any electronic communication made and/or actions performed through the Platform are accessible to us in accordance with the âPersonal Data Protection Policyâ and/or the legislation of Georgia. Such accessibility shall not be construed as continuous monitoring of information and/or communications.
5.3. We shall not be liable for:
5.3.1. unauthorised access to data by third parties, carried out unlawfully and beyond our control (including hacker attacks, breaches of encryption, poor quality of internet/telephone services, etc.).
5.3.2. damage (e.g. viruses or loss of data) that may be caused to your device as a result of using the Platform or downloading material from it, or damage caused by the unavailability of the Platform or by the restriction/termination of access to it.
5.3.3. services obtained via links to third-party websites, their content, accuracy and availability, or damage caused by their use.
5.3.4. any official misconduct or other unlawful act committed by the courier after the order has been handed over to the courier (courier service provider) which goes beyond the scope of delivery of the order (including improper conduct of the courier, property damage caused to you or a third party, or unlawful use of your personal data), unless we are at fault for such act.
5.3.5. circumstances beyond our control arising during transportation of the Product after the order has been handed over to the courier (courier service provider). We ensure the storage and transportation of Products in compliance with the rules established by applicable legislation until the moment of handover from the Retail Outlet or delivery to the courier.
Article 6. Intellectual Property
6.1. Any content of the Platform â including design, visual solutions, logos, trademarks, text, photographs, graphics, software code, databases and the interface â constitutes the intellectual property of us or of the relevant lawful owner (manufacturer, supplier or licensee) and is protected in accordance with applicable legislation.
6.2. You are not entitled, without our prior written consent, to copy, reproduce, modify, adapt, distribute, publicly publish or commercially use the content or any part thereof, to disassemble it by means of reverse engineering, or to use automated means (crawler, bot, spider) for the purpose of mass searching for or extraction of data.
6.3. Objects of our intellectual property, including trademarks (logo, trade name), may not be used without our prior written consent.
Article 7. Products
7.1. Type of Products. The Platform is a source of information about, and a sales channel for, Products, including medicinal products, cosmetics, baby food, personal care products, services, etc. We are not the manufacturer of the Products, and we sell locally produced and imported Products. The description, composition and instructions for use of a Product published on the Platform may be based on information provided by the manufacturer, the importer or a competent authority.
7.2. When purchasing Products on the Platform, a prescription may be required as mandatory. Prescription medicines are sold in accordance with the procedure established by law.
7.3. In the case of prescription pharmaceutical products, we reserve the right at any time to request a prescription, which must be submitted in the requested form.
7.4. The information published on the Platform is for information purposes only, is not intended as clinical advice and must not be used for the purpose of self-medication. It is advisable to consult a doctor before making any decision relating to treatment. We are not liable for the effectiveness or side effects of Products.
7.5. We endeavour to describe Products properly and to depict them in photographs as accurately as possible; however, we do not guarantee the completeness of descriptions or the accuracy of colours, which may differ due to the configuration of your device. Minor visual differences in a Product shall not be considered a non-conformity.
7.6. Changes in Stock and Product Recalls. In the event of a temporary shortage of a particular Product, a restriction on its sale or its recall from the market, we are entitled to cancel the relevant order or part thereof in accordance with clause 10.2 of these Terms and Conditions and, where necessary, to publish information about the recall on the Platform and/or to notify you personally.
7.7. Prices, discounts, promotional offers, promo codes or vouchers published on the Platform apply only to Products offered through the Platform and may differ from the terms applicable in our Retail Outlets, unless expressly stated otherwise on the Platform.
7.8. If an error in the pricing of a Product is discovered, we will notify you immediately, and you will be entitled to reconfirm the corrected order or to cancel it.
7.9. Warranty Service. Where applicable, the warranty terms for a Product and their period of validity will be indicated on the Platform, on the description page of the relevant Product. Service under the warranty terms is provided in accordance with those terms and applicable legislation. In addition, in accordance with the Law of Georgia âOn the Protection of Consumer Rightsâ, the Product is covered by a statutory guarantee, within the period of which, if a defect is revealed, you are entitled, in accordance with the procedure established by these Terms and Conditions and applicable legislation, to request free repair or replacement of the Product or a proportionate reduction of the price, or to rescind the consumer contract. The statutory guarantee applies only within the territory of Georgia.
7.10. Defective Product. If a Product proves to be defective, you have the right to request that the defect be remedied (free repair or replacement of the Product, or a price reduction) or to rescind the contract.
7.10.1. Damage which the Product had prior to its purchase, and which did not arise as a result of use, shall be considered a defect of the Product.
7.10.2. Repair and replacement of the Product are your primary rights, and you have the right to request free repair or replacement of the Product, unless this is impossible, or would entail disproportionate or unreasonably high costs, owing to the nature of the Product, the manufacturerâs specifications or the permitted use of the Product, or on other objective grounds.
7.10.3. The Product will be repaired or replaced within a reasonable period (replacement â no later than 15 working days from the discovery of the defect; standard repair â no later than 30 working days from the discovery of the defect) and without significant inconvenience to you, taking into account the nature of the Product and the purpose for which you purchased the goods.
7.10.4. Free repair or replacement of the Product means that we bear all costs (including postage, labour and material costs) necessary to bring the Product into conformity with the terms provided for in the contract.
7.10.5. You have the right to rescind the contract if any of the following conditions is met:
a) repair or replacement of the Product is impossible;
b) the Product has not been repaired or replaced within a reasonable period, and you have lost interest in the performance of the contract;
c) repair or replacement of the goods would cause you significant inconvenience.
7.10.6. You do not have the right to rescind the contract if the defect in the goods is minor.
7.11. Return Based on Non-Conformity of Products. If the delivered Product has any of the deficiencies referred to in clause 7.12 that is clearly noticeable at the moment of receipt of the Product, you may contact us and request the return of the Product. The return request must be submitted through the communication channels and must include: the order number, the list of Products, the reason for the return and, at our request, photo/video material of the Product.
7.12. Except for the cases provided for in Article 8 and clause 7.9 (statutory guarantee) of these Terms and Conditions, a Product may be returned only if it is confirmed that:
a) you were supplied with a Product different from the one ordered;
b) the Product supplied clearly does not correspond to the description indicated on the Platform;
7.13. In order to decide on the return, we are entitled to require a physical inspection of the Product. In such case, at your option, you may either deliver the Product yourself, at your own expense and within the period specified by us, to the Retail Outlet from which the order was fulfilled (the Product was sold) or hand it over to a courier called by us.
7.14. If the request is satisfied, the value of the returned Product will be refunded to you within 5 (five) banking days following the decision, to the same bank account from which the original payment was made. In the event of a negative decision, if the Product was handed over for physical inspection, you are entitled to collect it back at the location designated by us.
7.15. Before accepting the order, you must visually inspect the Product and its packaging and, if a defect is detected, not accept the order.
Article 8. Right to Withdraw from a Distance Contract
8.1. In accordance with the Law of Georgia âOn the Protection of Consumer Rightsâ, as a general rule, you have the right, in respect of a Product purchased remotely, to withdraw from (cancel) the sales contract without stating any grounds (reason) within 14 (fourteen) calendar days from the moment the Product comes into the actual possession of you or a third party designated by you (other than the carrier) (hereinafter the âRight of Withdrawalâ), except for the exceptional cases provided for in clause 8.2.
8.2. The right to withdraw does not apply, in particular, if: (a) you were supplied with a Product in hermetically sealed (closed) packaging and its seal was broken after delivery, as a result of which the Product cannot be returned for reasons of health protection or hygiene (this usually applies, inter alia, to cosmetic products whose individual packaging is of such nature); (b) the Product supplied is perishable or has a short shelf life; (c) the Product was made to your individual specifications or is clearly tailored to your personal needs; (d) you were supplied with a pharmaceutical product; (e) another exception is provided for by legislation (including other grounds provided for in Article 14 of the Law of Georgia âOn the Protection of Consumer Rightsâ). In addition, the Right of Withdrawal does not apply to Products or services whose value does not exceed GEL 30 (thirty). The above restrictions do not limit your statutory right to require satisfaction of a claim based on non-conformity of the Product, as provided for in clauses 7.11â7.15 of these Terms and Conditions.
8.3. To exercise the Right of Withdrawal, you must notify us of your decision by means of an unequivocal statement within the period specified in clause 8.1 and ensure the return of the Product to the Retail Outlet from which the order was fulfilled (the Product was sold), or by another means agreed through the communication channels, without delay and in any event no later than 7 (seven) calendar days after sending the notification. When returning the Product, you must present the order code or other information/document confirming the fact of purchase. With your consent, we are entitled to exchange/replace the returned Product instead of providing a refund.
8.4. When exercising the Right of Withdrawal, you shall bear the direct costs related to returning the Product (including the cost of transportation), unless we have undertaken to return the Product at our own expense. The withdrawn Product must be returned unused, undamaged and, to the extent possible, in its original packaging.
8.5. We will refund the price of the returned Product and also, where applicable, the amount paid to us to cover delivery costs, no later than 14 (fourteen) calendar days from receipt of the notice of withdrawal, using the same means of payment as was used for the original payment, unless you have expressly agreed to a different means of reimbursement. We are entitled to withhold the refund until we have received the Product, unless we ourselves have undertaken to collect the Product. Where, when making payment, you have used the co-payment provided for under the Partner Insurerâs insurance package, only the amount actually paid by you shall be refunded to you, and the matter of the covered portion is settled with the Partner Insurer.
8.6. In the case of a Product ordered using the âPick-Upâ method, if you or a third party designated by you have not yet taken actual possession of the Product, you may cancel the order without additional costs in accordance with clause 10.14 of these Terms and Conditions; in such case, the time limits and procedure provided for in this Article shall not apply.
Article 9. Loyalty Programme
9.1. Enrolment in the Loyalty Programme is possible by registering at a Retail Outlet or by other means established by us. You may initially open a Loyalty Card at a Retail Outlet, on site, on the basis of your personal number and mobile telephone number; the opening of the card is completed after you have confirmed your consent to these Terms and Conditions, in accordance with clause 9.3.
9.2. If you are a Registered User and already have a Loyalty Card, after you enter your personal number in the card field on the Platform (the mobile application and the website), the Loyalty Card already opened in your name will be displayed in your Account, to which points are credited upon completion of a transaction via e-commerce or at a physical POS terminal.
9.3. Where you enrol in the Loyalty Programme at a Retail Outlet, a link to these Terms and Conditions shall be sent to you by short text message (SMS) and/or e-mail to the telephone number and/or e-mail address provided by you. The process of enrolment in the Loyalty Programme is completed once you have confirmed on site that you have read and agree to these Terms and Conditions. By ticking the button confirming the Terms and Conditions on the basis of this clause, you additionally confirm that you consent to enrolment in the Loyalty Programme and to the opening of the relevant Loyalty Card. For the purposes of this clause, we reserve the right to introduce additional means of verification.
9.4. These Terms and Conditions (including this Article) apply in full to any User enrolled in the Loyalty Programme, regardless of the means of enrolment, including a User enrolled without registration on the Platform. Enrolment in the Loyalty Programme, use of the Loyalty Card or the accrual/use of points shall be equivalent to your consent to these Terms and Conditions. Those provisions of the Terms and Conditions which, by their content, relate solely to the Account or to the functionality of the Platform shall apply to a User enrolled without registration on the Platform from the moment of their registration on the Platform.
9.5. Status (Stars). The Loyalty Card holder is assigned a status in the form of stars, based on the amount spent during a calendar quarter. The status determines the points accrual coefficient â the higher the status, the higher the coefficient at which points are accrued.
9.6. Status is determined according to the following scheme (based on the amount spent during the quarter (these conditions may change and do not constitute binding conditions for us)):
Status | Quarterly Spend |
|---|---|
1 Star | GEL 0 to GEL 100 inclusive |
2 Stars | GEL 101 to GEL 300 inclusive |
3 Stars | GEL 301 to GEL 450 inclusive |
4 Stars | GEL 451 up to GEL 850 |
5 Stars | GEL 850 or more |
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9.6.1. When calculating the amount spent during the quarter, amounts paid in cash or by non-cash settlement are taken into account. In the case of insurance-covered purchases â only the amount paid by the User as a co-payment.
9.7. The status may change during the quarter. Any change will be reflected on the Platform and in our system within no more than 24 hours.
9.8. We reserve the right to establish additional benefits within the Loyalty Programme according to the status assigned. This constitutes our right and not an obligation, and you shall have no expectation and/or claim of any kind in this regard.
9.9. Accrual and Use of Points. The coefficient of points to be accrued on the amount paid is determined according to the status assigned to you. We reserve the right to change this coefficient from time to time, which will be reflected in our system. Information about accrued points will be displayed to you on the Platform. Points may be used to pay for an order in full or in part; information on available points and their corresponding GEL equivalent is displayed on the Platform.
9.10. Validity of Points. At the end of each calendar year, as of 1 January of the following calendar year (hereinafter the âReporting Dateâ), the total (balance) of points on the Loyalty Card accumulated before the Reporting Date and unused shall be reduced by the number of points accumulated earlier than the last 3 (three) years preceding the Reporting Date. Accordingly, points accumulated earlier than the last 3 (three) years preceding the Reporting Date and unused shall be deemed expired points.
9.11. Cancellation of Points. As from the Reporting Date, expired points cannot be used, including to cover the value of an order. Expired points are cancelled (debited from the Loyalty Card) no later than 31 January following the Reporting Date.
9.12. Notification. Every year, no later than 1 (one) month before the end of the current calendar year, we will notify you through the communication channels of the number of points that may expire as at the next Reporting Date, as well as of the deadline for their cancellation. In addition, the number of points that will potentially expire as at the next Reporting Date will be displayed in your account in the application.
9.13. We are entitled at any time to change the terms of the Loyalty Programme, the rules for the accrual/use of points, the coefficients and the benefits by publishing the relevant information on the Platform.
III. Services
Article 10. Purchase of Products on the Platform
10.1. Distance Contract. The placement of Products on the Platform for sale constitutes a proposal (offer) to conclude a Distance Contract. The contract is deemed concluded from the moment you express your consent to the proposal (acceptance), which is expressed by placing an order and paying its value. The contract is deemed concluded provided that the preconditions set out in clause 10.2 of these Terms and Conditions are satisfied; if these conditions are not satisfied, the consequences set out in clause 10.3 shall apply.
10.2. We are entitled not to confirm, or to cancel, an order, with a full refund of the amount paid for it, in particular if: (a) the ordered Product is not available in stock in sufficient quantity or its sale is restricted by applicable legislation or by a decision of a competent authority, including in the event of a recall of the Product from the market; (b) a technical or other obvious error has been made in indicating the price or the description of the Product (see also clause 7.8); (c) we have reasonable grounds to suspect that the order is fraudulent, that it is a duplicate order or that a payment instrument is being used unlawfully; (d) you have failed to confirm the age or other precondition required by law for the relevant Product; (e) performance of the order is objectively impossible due to circumstances beyond our control.
10.3. We will notify you immediately through a communication channel of the refusal or cancellation of an order on the grounds referred to in clause 10.2 and will ensure a full refund of the amount paid in accordance with the procedure established by clause 10.11 of these Terms and Conditions.
10.4. Purchase Process. Products may be purchased on the Platform only with a registered Account, after authorisation. After authorisation, on the basis of entering the personal identification number on the Platform, the Loyalty Card already opened in the Userâs name at a Retail Outlet is displayed in the Userâs Account, in accordance with clause 9.2 of these Terms and Conditions, while enrolment in the Loyalty Programme and the initial opening of the card are governed by clauses 9.1 and 9.3. In the course of purchasing Products, the User selects the method of receiving the Products and one of the payment methods available on the Platform. The placing of orders is restricted starting at least 30 (thirty) minutes before the end of the working hours of the relevant Retail Outlet (pharmacy), since at such time it may objectively be impossible to prepare and/or deliver the order in time. Detailed information about the restriction, including the working hours of the relevant Retail Outlet and the specific period of the restriction, is available on the Platform.
10.5. After the purchase has been made and completed, we reserve the right to cancel the order in whole or in part if the Products are out of stock. Confirmation of the order, including the charging of payment, does not constitute a guarantee that the Products specified in the order are in stock.
10.6. Verification of Stock and Expiry Date. If the ordered Products have a short shelf life, we reserve the right to request your additional consent or to cancel the order in full and/or in part, including after payment has been charged.
10.7. Transfer of Ownership and Risk. Ownership of the Product and the risk of accidental perishing, destruction, damage, deterioration or loss of the purchased Product shall pass to you only from the moment of actual handover of the Product, namely:
a) if the Product is delivered to the delivery address by a carrier (contractor) selected by us â from the moment you or a third party designated by you actually accept the Product at the place of delivery;
b) where the Product is collected from a pharmacy (âPick-Upâ service) â from the moment our pharmacist actually hands the Product over to you or to a recipient designated by you.
10.8. âPick-Upâ Service. Products ordered using this method are held at the pharmacy for 7 (seven) calendar days from the order. If you do not appear within this period, the order is cancelled and the amount paid is refunded to you within 1â3 working days. To collect the order, you share the order code with the pharmacist, after which the order is handed over.
10.9. Courier (âDeliver to Meâ) Service. The courier service is subject to a fee, which is determined by the delivery distance; the rate is calculated as soon as the address is added. When using the courier service, the minimum basket value must be no less than GEL 20 (twenty); otherwise, a minimum order top-up fee will be added. A service fee is added to each order; its amount may vary and is indicated on the order page, shown separately in the total order value, before the order is confirmed.
10.10. If, when using the courier service, the order cannot be delivered for reasons attributable to you (incorrect address, missed telephone call, etc.), the Products are returned to the Retail Outlet of purchase and you may: collect them from the Retail Outlet within 7 calendar days of the order; cancel the purchase (the value of the Product will be refunded to you within 1â3 working days); or pay the courier service fee again and book an additional courier.
10.11. In the event of a refund, the amount is refunded to the same payment instrument with which the payment was made.
10.12. Promo Codes. You may use a promo code when making a purchase. Only one promo code may be used per order. The terms of use of a promo code are determined on our Platform and/or upon issue of the promo code.
10.13. Raffles and Cashback Campaigns. We reserve the right to offer you from time to time, via the Platform and/or electronic communication channels, raffles and/or cashback campaigns, the terms of which are determined individually and will be published on the Platform.
10.14. Order Cancellation. You may cancel an order through the communication channels. If the cancellation takes place before the order is handed over to the courier, the price of the Product is refunded to you in full.
10.15. Use of Insurance Terms. If you are insured by an insurance company with which we have a cooperation agreement (hereinafter the âPartner Insurerâ), you may use the terms of your insurance package when making purchases on the Platform. This requires authorisation and additional identification. The list of Partner Insurers is published on the Platform.
10.15.1. When the order is being formed, the amount payable by you, including the amount of the co-payment, is calculated automatically on the basis of the data provided by the Partner Insurer (insurance coverage, referral, limit, exclusions, etc.). You will be notified of the final amount payable before the order is confirmed.
10.15.2. Determining and interpreting the insurance coverage, limit, referral, co-payment and other insurance terms, as well as refusing insurance coverage, is the responsibility of the Partner Insurer. Please contact the Partner Insurer on these matters. We are not a party to the insurance contract concluded between you and the Partner Insurer.
10.15.3. If an insurance term or the amount payable is shown incorrectly because the Partner Insurerâs data are inaccurate or updated late, or because of a technical fault, we will notify you of this and offer you either to confirm the corrected order or to cancel it with a full refund of the amount paid. In such case, we are entitled to temporarily suspend the functionality for using insurance terms until the fault has been eliminated.
10.15.4. Where a Product purchased under insurance terms is returned or an order is cancelled, including on the basis of Articles 7 and 8 of these Terms and Conditions, the refund shall be limited to the amount actually paid by you, in accordance with the procedure established by these Terms and Conditions. The matter of the portion covered by the Partner Insurer is settled between us and the Partner Insurer.
10.15.5. The extension of the benefits provided for by the Loyalty Programme to Products purchased under insurance terms may be restricted from time to time.
Article 11. GPC Global
11.1. Description of the GPC Global Service
11.1.1. Within the framework of the GPC Global service, you are entitled to order from us on the Platform, namely in the mobile application âMY GPCâ and on the website www.gpc.ge, Products, the range of which is determined by us and which may include, inter alia, optical products, namely astigmatic and/or coloured lenses, as well as medicinal products that are not registered in Georgia, are in short supply and/or are otherwise permitted by law (except for pharmaceutical products subject to special control and/or medicinal products equated therewith), and we shall ensure the organisation of the importation of the ordered Products into Georgia in accordance with these Terms and Conditions, the contract concluded with you and the legislation of Georgia.
11.1.2. The GPC Global service may be used only within the territory of Georgia.
11.2. Use of and Eligibility for GPC Global
11.2.1. You may use the GPC Global service after registration and authorisation in our application or on our website;
11.2.2. Within the framework of using the GPC Global service, you are entitled to order from us Products, the range of which is determined by us and which may include, inter alia, optical products, namely astigmatic and/or coloured lenses, as well as medicinal products that are not registered in Georgia, are in short supply and/or are otherwise permitted by law (except for pharmaceutical products subject to special control and/or medicinal products equated therewith), for the individual needs of yourself and/or a third party, if:
a. the medicinal product is not authorised for use in Georgia, and you hold a duly issued, certified and valid Form â IV-100/a in accordance with the legislation of Georgia;
b. the medicinal product is authorised for use in Georgia, belongs to Group II and you hold a duly issued Form â3 prescription.
c. you have the appropriate authority, including, where necessary, the consent/power of attorney of the relevant person, to place an order for the benefit of a third party and to transfer to us the personal data of such third party, including health-related data, for the purpose of providing the GPC Global service;
d. you confirm that the quantity and purpose of the requested Product correspond to individual needs and are not related to the subsequent sale or commercial distribution of the Product or to any use of it not permitted by law.
11.2.3. You are responsible for the correctness, completeness, authenticity and validity of the information and documentation provided to us within the framework of GPC Global, as well as for your authority, including the right to act on behalf of a third party. You confirm that you lawfully hold, and are entitled to transfer to us, the relevant personal data, including health-related data, and that the transfer and processing of such data take place in accordance with applicable legislation. You are liable for any damage arising as a result of your provision of incorrect, incomplete, false, misleading or unlawfully obtained information/documentation, an infringement of the data or rights of a third party, or a breach of these terms/the contract.
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11.3. Ordering, Confirmation and Cancellation for GPC Global
11.3.1. The procedure for ordering a Product through GPC Global is carried out in the following sequence:
11.3.1.1. after authorisation, you complete the GPC Global e-application on our Platform;
11.3.1.2. we reserve the right to process your application within 5 working days of its receipt and to contact you in connection with the application for the purpose of confirming, clarifying or cancelling it;
11.3.1.3. you submit to us the medical and other documentation submitted as at the date of the application, in original or as a certified copy.
11.3.1.4. We have developed an internal procedure for the confirmation of orders, the execution of GPC Global orders and the subsequent delivery of Products, which may change from time to time. You become involved in the procedure after submitting the application, and this process will be mandatory for you in order to receive the GPC Global service.
11.3.1.5. Only after the application has been confirmed, and provided that the requirement of sub-clause 11.3.1.3 has been met, will we conclude the GPC Global contract and agree on the essential terms of delivery of the Products, which shall be binding for performance.
11.3.2. Unless otherwise specified in the GPC Global contract, the order becomes binding on us for performance after we have confirmed the order and you have paid the value of the GPC Global order in full. The payment procedure is determined by the GPC Global contract.
11.3.3. You are entitled to cancel the order and terminate the contract at any time; however, if you have paid the value of the GPC Global order, that amount shall not be refundable in the event of termination.
11.3.4. We reserve the right at any time to refuse to satisfy an application or to cancel an order, including if: incomplete, inaccurate, false or misleading information/documentation has been submitted; you breach the GPC Global contract or these terms; sourcing, purchasing, transporting, importing into Georgia, releasing or delivering the Product is impossible or significantly complicated; the price of the Product or related costs increase unreasonably; or the importation or delivery of the Product may be contrary to applicable legislation, regulatory requirements or internal procedures, or may exceed the limits of our reasonable commercial/operational capabilities. If the order is cancelled by us through no fault of yours and you have already paid the value of the order, the refund will be made no later than 5 working days after the cancellation; if the cancellation occurs through your fault, amounts that have already been paid to third parties or that constitute non-recoverable costs incurred by us shall not be refundable, unless otherwise required by applicable legislation.
11.4. Accuracy of the Application, Medical Documentation, Form âIV-100/a, Contract and Other Documentation
11.4.1. You are responsible for the correctness, accuracy and validity of the documentation and information submitted and for their compliance with the legislation of Georgia, including the correctness of the name and quantity of the Product requested. At our request, you shall submit any additional documentation, including documentation establishing your authority.
11.4.2. You acknowledge that you are obliged to hold the original, or a duly certified copy, of the documentation requested and uploaded in the application on the date of placing the order and at any time up to the date of handover of the order.
11.4.3. You acknowledge that we do not assess the medical content of the medical documentation submitted, including the Form N3 prescription and Form âIV-100/a, or the diagnosis, the prescribed treatment, the appropriateness of treatment or the need to use the Product. We do not provide medical services, do not give medical advice or recommendations and do not confirm the medical effectiveness or safety of the Product or the achievement of any particular therapeutic result. At the same time, we are entitled, within the framework of our internal procedures and the requirements of applicable legislation, to verify the formal existence, completeness and validity of the documentation submitted and its other external/formal compliance, which shall not be deemed confirmation of the medical content of the document or of the professional decision of the person who issued it.
11.4.4. You are obliged to indemnify us and hold us harmless against any claim, demand, damage, fine, sanction, cost or liability arising as a result of your provision of incorrect, incomplete, false, misleading or unlawfully obtained information/documentation, an infringement of the data or rights of a third party, improper use of the Product or a breach of these terms/the contract.
11.5. Delivery, Delivery Times and Collection of the Product
11.5.1. The Product will be delivered to outlets within our pharmacy network; the list of outlets will be available when placing the order.
11.5.2. A precondition for delivery of the Product is the handover to us of the original or a certified copy of the appropriate medical documentation submitted as at the date of the application and of other documentation mandatory under legislation.
11.5.3. The delivery time is only an estimated period and depends, inter alia, on the foreign supplier, the manufacturer, the availability of the Product, transportation, the actions of customs and other state authorities, the completeness of documentation, the exchange rate, regulatory requirements and other circumstances that are not fully within our control.
11.5.4. The delivery times for the Product are determined by the contract and start to run from the moment the value of the GPC Global order is paid in full; however, the period specified in the contract may change, including be extended, and we will provide you with information in this regard. A change or extension of the period shall not be deemed a breach of the contract on our part if it is caused by circumstances beyond our control or by objectively justified circumstances.
11.5.5. If, after receiving notification of the availability of the Product, you do not appear to receive the Product, refuse to accept it or fail to provide the documentation required to receive the Product, we are entitled to store the Product for a reasonable period not exceeding 7 working days and/or to act in accordance with the nature of the Product, the storage conditions, applicable legislation and internal procedures. In such case, the amount corresponding to costs already incurred or non-recoverable costs shall not be refunded to you, and additional storage, disposal or other related costs may additionally be charged to you.
11.6. Product Quality
11.6.1. You acknowledge that the relevant manufacturer and/or supplier is responsible for the quality, composition, safety and effectiveness of the Product, the results of its use, its storage conditions within the control of the manufacturer or supplier, and the information accompanying the Product. Within the limits of our capabilities and internal procedures, we ensure the purchase of the Product from a selected/trusted supplier and the organisation of the importation of the Product into Georgia in accordance with applicable legislation. We do not guarantee the medical effectiveness of the Product, any particular result, the absence of side effects or the suitability of the Product for the User/patient, save for the liability expressly established by applicable legislation and these terms.
11.7. Payment
11.7.1. If you fail to meet the payment deadline, you will be granted an additional period of 3 working days to perform the obligation, upon the unsuccessful expiry of which the contract shall terminate automatically without further notice.
11.8. Special Provision Regarding Unregistered Pharmaceutical Products
11.8.1. You confirm that the Product requested by you might not be registered in Georgia and that its importation may be carried out only under the individual procedure permitted by applicable legislation.
11.8.2. You acknowledge that the absence of state registration in Georgia does not in itself imply that the Product is of poor quality or lacks safety; at the same time, neither the sourcing, ordering, organisation of the importation nor the delivery of the Product by us constitutes a guarantee of the medical effectiveness or safety of the Product, of any particular therapeutic result, of its suitability for the User/patient or of the absence of side effects. Any decision regarding the use of the Product shall be made under the responsibility of you and the relevant medical professional.
11.9. Communication
11.9.1. Within the framework of GPC Global, you provide us with contact information and select a communication channel. We will ensure that communication is established through the selected contact channel, and we reserve the right to contact you through other alternative channels as well.
11.9.2. The GPC Global contact channels are the e-mail address and contact number: [email protected]; (+995)577504549.
11.9.3. Information provided and shared through the communication channels shall be deemed received by the other Party within 3 working days from the date of the communication.
Article 12. Special Terms for the Purchase of Products through Partner Companiesâ Platforms
12.1. General Provisions. We are entitled to cooperate with companies (hereinafter the âPartner Companyâ) through whose e-commerce platform (hereinafter the âPartner Platformâ) Users may purchase our Products. Purchases through a Partner Platform may be subject to terms different from those established by these Terms and Conditions, including Article 10, in which case such different terms shall prevail.
12.2. These Terms and Conditions apply to purchases through a Partner Platform, subject to the exceptions and differences provided for in this Article. In the event of any inconsistency between this Article and other provisions of the Terms and Conditions, this Article shall prevail with respect to purchases through a Partner Platform.
12.3. Registration and authorisation on a Partner Platform and the use of its functionality are governed by the terms and conditions of the relevant Partner Company and by other documents established by it, including its personal data protection policy. We are not the owner or operator of the Partner Platform and are not liable for its technical functionality or availability.
12.4. Loyalty Programme. Purchases made through a Partner Platform are not reflected in the status, loyalty points and benefits provided for in Article 9 of these Terms and Conditions, unless otherwise specified in this Article for a particular Partner Company.
12.5. The special terms provided for in this Article do not limit the rights granted to the User by applicable legislation, including the rights provided for in Article 7 (defective/non-conforming Products) and Article 8 (Right of Withdrawal) of these Terms and Conditions.
12.6. Special Terms for Purchases through a Partner Companyâs Platform:
12.6.1. Registration and Data Transfer. When purchasing through a Partner Companyâs platform, the User is not required to register additionally on our Platform. The Partner Company collects, processes and transfers to us your personal data and order details.
12.6.2. Courier Service. When purchasing through a Partner Companyâs platform, the cost of the courier service may be determined in a manner different from that set out in clause 10.9 of these Terms and Conditions.
12.6.3. Payment Methods. The value of an order on Partner Companiesâ platforms may be paid using the payment methods available on the Partner Companyâs platform.
12.6.4. Promo Codes and Raffles. The promo code functionality provided for in clause 10.12 and the raffles provided for in clause 10.13 of these Terms and Conditions do not apply on Partner Companiesâ platforms unless specifically agreed.
12.6.5. Communication and Support. In the event of a question or problem relating to an order placed through a Partner Companyâs platform, the User shall contact the Partner Companyâs customer support team through the communication channels indicated on the Partner Companyâs platform.
12.6.6. Chat and Artificial Intelligence Assistant. Customer service in the chat of Partner Companiesâ platforms is not provided by our operators. We do not operate the artificial intelligence assistant available on a Partner Companyâs platform and, accordingly, are not liable for the accuracy and completeness of the answers independently generated by it. This does not release us from liability for the information about the Product that we provide (including the Product description, price and characteristics). An answer from the artificial intelligence assistant does not constitute medical or pharmaceutical advice; for information about the Product, please refer to the Product description, the accompanying instructions, a pharmacist or a doctor.
12.7. We are entitled from time to time to add new Partner Companies or to change the special terms established for an existing Partner Company in accordance with the procedure established by Article 15 of these Terms and Conditions. Such a change shall not apply to orders placed and confirmed before the change.
IV. Marketing
Article 13. Marketing
13.1. We will provide you with marketing information based on personal data (including, via SMS, e-mail or telephone call, information about new Products, campaigns, discounts, promotions, news and personalised offers) only on the basis of prior, freely given, specific and unambiguous consent, in accordance with Article 12 of the Law of Georgia âOn Personal Data Protectionâ. Such consent is obtained by means of a separate mechanism specifically designed for this purpose (e.g. a separate consent field/confirmation during registration or in the profile) and is subject to separate confirmation, independently of consent to these Terms and Conditions or to the âPersonal Data Protection Policyâ. Consent to marketing communications is independent of the use of the core functional capabilities of the Platform, and its withdrawal does not restrict the use of the latter.
V. Communication and Complaint Handling
Article 14. Communication and Complaint Handling
14.1. Communication between you and us is carried out primarily electronically â by e-mail or short text message to the e-mail address and/or telephone number provided by you. We are also entitled to use oral telephone communication, message windows, social network âchatâ and other communication channels.
14.2. You agree that we may contact you to obtain feedback, to consider a complaint/question or to provide a service, and you are prepared to cooperate with us to the fullest extent possible in the course of such communication.
14.3. We will consider any complaint received within a reasonable period and will notify you of the decision made through the same or another appropriate communication channel.
14.4. You are entitled, independently of or instead of contacting us, to file a complaint with the supervisory body authorised in the field of consumer rights protection â the Georgian National Competition Agency â or with another competent body, in accordance with the procedure established by applicable legislation, and, on matters relating to the processing of personal data, with the supervisory body in the field of personal data protection authorised under the legislation of Georgia.
14.5. Governing Law and Disputes. The Terms and Conditions are governed by and construed in accordance with the applicable legislation of Georgia. Any dispute or disagreement between the Parties shall be subject to resolution through negotiation.
14.6. If the Parties fail to reach an agreement, the dispute shall be referred to the common courts of Georgia for consideration. Correspondence relating to a dispute shall be deemed delivered to us if it is delivered to the following address: Georgia, Tbilisi, No. 24a Sulkhan Tsintsadze Street.
14.7. Artificial Intelligence Assistant. An artificial intelligence assistant may be available on the Platform, which automatically provides you with general information about our Products, placing orders, delivery, the Loyalty Programme and use of the Platform. The assistantâs answers are generated automatically, are for information purposes only and do not constitute a consultation, diagnosis or treatment prescription by our pharmacist or a doctor; they must not be used for the purpose of self-medication or self-diagnosis. For matters concerning the selection, dosage and use of medicinal products, please consult our pharmacist or a doctor and read the instructions accompanying the Product. In the event of any inconsistency between the assistantâs answer and the information published on the Platform (Product description, price, order and delivery terms), these Terms and Conditions or the information provided by our operator, the latter (the information on the Platform, these Terms and Conditions or the information provided by our operator) shall prevail. Providing health-related data to the assistant is not mandatory, and any data provided are processed in accordance with the âPersonal Data Protection Policyâ.
VI. Amendments to the Terms and Conditions
Article 15. Amendments to the Terms and Conditions
15.1. We are entitled to unilaterally amend the Terms and Conditions at any time. Any amendment that worsens the Userâs existing terms will be published on the Platform immediately.
15.2. The version of the Terms and Conditions published on the Platform at the relevant time shall apply at the time of access, use or purchase. Continued use of the Platform after an amendment confirms your consent to the amended terms. An amendment shall not affect the terms already agreed under an order/contract that has already been concluded and confirmed.
15.3. If you do not agree with any amendment, you may stop using the Platform and cancel your Account from your personal profile or request its cancellation through the communication channels.
VII. Personal Data Protection and Confidentiality
Article 16. Processing, Storage and Transfer of Personal Data
16.1. âPersonal dataâ shall be construed in accordance with the Law of Georgia âOn Personal Data Protectionâ. The full terms of data processing (categories, legal bases, retention periods, the rights of data subjects and security safeguards) are set out in the âPersonal Data Protection Policyâ (https://gpc.ge/ka/privacy-policy), which forms an integral part of these Terms and Conditions and which you must read and accept by following the link provided. In the event of any inconsistency, the âPersonal Data Protection Policyâ shall prevail on matters relating to personal data.
Article 17. Terms of Use of Cookies
17.1. âCookiesâ are small text files that are stored on your device when you visit our âPlatformâ. The use of essential âcookiesâ enables you to use the Platform, while âother types of cookiesâ make working on the Platform easier.
17.2. The Platform uses âfirst-party cookiesâ, which are necessary for the Platform to offer the services requested by the User. âFirst-party cookiesâ are a type of âcookiesâ that are used only by our web server, are not transferred to third parties and, in most cases, are necessary for the functioning of the Platform.
17.3. The Platform may also use âthird-party cookiesâ and/or âother types of cookiesâ, which make working on the Platform easier or are used to obtain statistical data about the Platformâs users; information about this will be published on the Platform, and we will use them only with your consent.
17.4. âEssential cookiesâ are used:
17.5. âEssential cookiesâ are stored on your device for the duration of the session or for the period necessary for their functioning. You may delete cookies at any time via your browser or device settings; however, deleting or blocking essential cookies may impair the operation of certain functions of the Platform.
Article 18. Confidentiality
18.1. Any information shared between you and us is subject to the âPersonal Data Protection Policyâ and is processed confidentially, taking into account the lawful purposes and grounds for processing.
18.2. You alone are responsible for the information that you submit for publication on the Platform.
18.3. Third-party websites that may appear on the Platform as a result of a search or in the form of a link may place so-called âcookiesâ or request personal information. We do not control such sites and are not liable for their data protection practices; when you visit them, you bear full responsibility.
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VIII. Final Provisions
Article 19. Final Provisions
19.1. Liability. A breach of an obligation assumed under the Terms and Conditions shall entail the liability provided for by these Terms and Conditions and by the applicable legislation of Georgia. The Parties are obliged to compensate each other for proven damage caused by the non-performance or improper performance of an obligation.
19.2. To the maximum extent permitted by law and without prejudice to the Userâs statutory rights, we shall not be liable for: (a) indirect damage, lost profits or damage to business reputation; (b) damage caused by an act or omission of a third party â including a courier company, payment service provider, bank or internet/telecommunications provider; (c) damage arising as a result of the User providing inaccurate information, breaching the account security rules or using the Platform unlawfully; (d) damage caused by force majeure circumstances as provided for in clause 19.4 of these Terms and Conditions.
19.3. The limitations set out in this Article do not apply to damage the limitation or exclusion of which is not permitted by law, including damage caused by our intent or gross negligence, or harm to life/health.
19.4. Force Majeure. A Party shall not be held liable for failure to perform an obligation if such failure is caused by circumstances of irresistible force (force majeure). Force majeure circumstances are circumstances arising after the entry into force of the Terms and Conditions/contract that are beyond the control of the Parties, unforeseeable and insurmountable, and that have a direct and immediate impact on the performance of the obligations assumed by the Parties, including: failure of technical systems, interruption of the supply of electricity or internet services, cyberattacks, malfunction of a contractor third party, natural disasters, war, restrictions imposed by a state authority, pandemic/epidemic, etc. In such case, performance of the obligation shall be postponed until the circumstance has been eliminated, of which the affected Party shall notify the other Party within a reasonable period.
19.5. Severability. If any part of the Terms and Conditions is declared invalid or is terminated, this shall not affect the validity of the remaining provisions.
19.6. Reservation of Rights. Our refraining from exercising, or delaying the exercise of, any right shall not be deemed a waiver of that right.
19.7. Term of the Agreement. The agreement on the use of the Platform is valid for an indefinite period. These Terms and Conditions, together with the âPersonal Data Protection Policyâ, constitute the entire agreement between the Parties regarding the use of the Platform.
Traderâs Contact Information
JSC âGephaâ (ID No. 201991229)
Legal/actual address: No. 24a Sulkhan Tsintsadze Street, Tbilisi, Georgia
E-mail: [email protected]
Phone: (+995 32) 2 71 07 07
Website: www.gpc.ge | Application: âMY GPCâ