When purchasing an item based on a distance contract or an off-premises contract, the consumer has the right to withdraw from the distance contract and/or off-premises contract within 14 calendar days without specifying any reason. In such a case, the consumer is obliged to return the item to "Zoommer Georgia" at their own expense (transportation, dismantling, and others), if the value of the item exceeds 30 GEL.
Right to Withdraw from a Distance or Off-Premises Contract
Except for exceptions established by the legislation of Georgia and Article 5 of this policy, the consumer has the right to withdraw from a distance contract and/or an off-premises contract within 14 calendar days without specifying any reason. This period is calculated:
- a) In the case of a service contract - from the conclusion of the contract;
- b) In the case of a sales contract - from the moment the consumer or a third party specified by them (other than the carrier) takes possession of the goods;
- c) In the case of the consumer ordering goods in parts - from the moment the consumer or a third party specified by them (other than the carrier) takes possession of the last item;
- d) In the case of a contract for the regular (periodic) delivery of goods - from the moment the consumer or a third party specified by them (other than the carrier) takes possession of the item for the first time.
In case of withdrawal from the contract by the consumer, they shall not bear any costs (including delivery costs), except when the consumer chose a more expensive delivery service than the standard delivery service offered by "Zoommer", or if the price of the goods decreased as a result of use that is not related to establishing the nature, characteristics, and functioning of the goods. The obligation to cover the difference resulting from the decrease in the price of the goods will not be imposed on the consumer if "Zoommer" did not provide them with full information about the right to withdraw from the contract provided by law.
Withdrawal from a distance contract by the consumer automatically leads to their withdrawal from the related contract and the restoration of the original condition.
The consumer is obliged to send to "Zoommer" the completed form (Annex 1) or other unambiguous evidence reflecting the consumer's decision to return the goods within the period established by paragraph 1 of this article. The burden of proof regarding the exercise of the right to withdraw from the contract provided for by this article within the established period rests with the consumer.
The consumer can exercise the right to withdraw from the contract within the period established by paragraph 1 of this article if they sent a notification to "Zoommer" about the withdrawal from the contract before the expiration of the said period. The burden of proof that the right to withdraw from the contract was exercised in accordance with this article rests with the consumer.
If "Zoommer" fails to provide the consumer with information about the right to return goods or services provided by this law, the return of said goods or services is possible within 12 months after the expiration of the period established by paragraph 1 of this article.
If "Zoommer" provided the consumer with information about the right to withdraw from the contract within 12 months from the start of the period established by paragraph 1 of this article, the 7-day period for returning the goods or services shall be calculated from the receipt of said information.
Exceptions Related to Withdrawal Without Stating Any Reason
The consumer does not have the right to withdraw from the contract if:
- a) "Zoommer" has fully provided the service provided for in the contract, it started providing the service with the prior consent of the consumer, and the consumer knew that in the event of fully receiving the service, they would lose the right to withdraw from the contract;
- b) The contract stipulates that the price of the supplied goods or services depends on changes in the financial market that "Zoommer" cannot control and which occurred within the period established by this law for exercising the right to withdraw from the contract;
- c) The supplied goods or services are manufactured according to the individual order of the consumer or are clearly tailored to their personal needs;
- d) The supplied goods are perishable or have a short shelf life;
- e) They were supplied with hermetically sealed goods, the hermeticity of which was broken after delivery, and therefore, the return of the goods is impossible due to the protection of health or hygiene standards;
- f) The supplied goods, due to their characteristics, were inseparably mixed with other goods during delivery;
- g) A sealed audio or video recording or software was supplied, and its seal was broken after delivery;
- h) Digital content was supplied to them on a non-tangible medium, the performance of the contract began with the consumer's prior consent, and the consumer knew that they would thereby lose the right to withdraw from the contract;
Consequences of Withdrawing from the Contract
As a result of withdrawing from the contract, the obligations assumed by the parties under the distance contract or off-premises contract are canceled, and what the parties received through its execution is returned to them.
2. In case of withdrawal from the contract, "Zoommer" is obliged to:
- a) Return the amount paid to the consumer, as well as, if any, the amount paid to reimburse delivery costs, in full, without delay, no later than 14 calendar days from the receipt of the notification of withdrawal from the contract. "Zoommer" is not obliged to return to the consumer the amount paid to reimburse additional costs associated with the consumer's choice of a non-standard or more expensive delivery service than the standard delivery service offered by "Zoommer";
- b) Reimburse the amount using the same means of payment that the consumer used, except when the consumer agrees to use another means of payment and incurs no additional costs.
In case of withdrawal from a sales contract, "Zoommer" has the right to refuse to return the amount until it receives the goods back or receives a document confirming the dispatch of the goods from the consumer, whichever occurs earlier, except when "Zoommer" itself undertook to take the goods back.
In case of withdrawal from the contract, the consumer is obliged to:
- a) Return the goods to "Zoommer" or a third party specified by it immediately after sending the notification of withdrawal from the contract, but no later than 7 calendar days, except when "Zoommer" itself undertook to take the goods back;
- b) Bear only the direct costs associated with returning the goods, except when "Zoommer" itself undertook to bear these costs or failed to provide the consumer with information that these costs would arise in case of returning the goods. In the case of an off-premises contract where the goods are delivered to the consumer's home, "Zoommer" is obliged to take the goods back at its own expense if, due to the nature of the goods, they cannot be sent by mail.
Form to be sent to Zoommer in case of consumer's withdrawal from the contract
Address: #1 Ak. Tsereteli Ave., Tbilisi
Identification Number: 202462717
Email: [email protected] | Tel/Fax: 032 260 30 60