Please read carefully.

The Terms and Conditions constitute a binding agreement between you and areacom.ge S-Shopmart (hereinafter referred to as the “Company” or areacom.ge) and govern your use of the shopmart.ge website. The areacom.ge website and/or its related services, including any communications made by the Company to merchants and customers regarding the services offered, are hereinafter collectively referred to as the areacom.ge Platform.

Information that the Company obtains from you or third parties is processed in accordance with the privacy policy set forth in these Terms.

By agreeing to the terms and conditions of use of areacom.ge, you also agree to the shopmart.ge Privacy Policy.

By agreeing to the terms and conditions of use of areacom.ge, you also agree to the shopmart.ge return/exchange policy.

Since the Client and the Merchant wish to open a personal account on the platform operated by areacom.ge so that, respectively, the Client can purchase through the platform, and the Merchant can sell its own products, the Company, the Client and the Merchant agree to enter into an agreement on the basis of which the Client and the Merchant will open and use the account, the sale of products posted on its platform by areacom.ge and delivery to the Client, the payment of fees by the Client, the reimbursement of the Merchant, the calculation of commission from sales made through the platform and the procedure for payment, as well as the closure of the account.

Please read these Terms of Use carefully before using the website.

All clients and merchants who wish to use the shopmart.ge platform are required to agree to and comply with the terms and conditions set forth below. The areacom.ge administration reserves the right to unilaterally amend these terms and conditions at any time by posting them on the same website without further consent from the client and merchant.

1. Definition of terms:

1.1. The terms and definitions used in these Terms and Conditions have the meanings defined below, unless the context clearly indicates otherwise:

1.1.1. Account – means an account registered on the Website by a Client or Merchant;

1.1.2. Authorization – means access to a personal account by a user and includes any action specified in Article 6 of these Terms and Conditions;

1.1.3. Terms of Use – means these Terms, together with any other terms and/or conditions that these Terms of Use, by appropriate reference, consider to be part of these Terms and which govern the Client's and Merchant's access to and use of the Platform, including in relation to any content, features and services offered on the Website;

1.1.4. Website – means areacom.ge, through which the Service is offered;

1.1.5. Client – ​​a legal entity or individual who meets the requirements set forth in these Terms and Conditions and wishes to purchase Merchant Products through the areacom.ge platform;

1.1.6. Merchant – a legal or natural person who meets the requirements set forth in these Terms and Conditions and wishes to sell products through the Platform;

1.1.7. Company, we or our – means areacom.ge, which is registered and exists in accordance with the legislation of Georgia, identification code: 406 348 395, registered address: Tbilisi, Beliashvili 68

1.1.8. User, Users – means a client and/or merchant registered on the shopmart.ge platform, respectively, separately and together;

1.1.9. Parties – means the Company and its Users;

1.1.10. areacom.ge Platform – a platform operated by areacom.ge, which includes, without limitation, the areacom.ge website and/or all other alternative channels available to shopmart.ge;

1.1.11. Operation – any operation performed by the User in connection with his/her personal account and/or services.

1.1.12. Universal identifiers – a set of data provided to the user by areacom.ge, using which he is registered in the identification system and is given the opportunity to use a number of shopmart.ge remote services and/or remote service channels;

1.1.13. Access Code(s) – codes, passwords, username, identification code, universal identifiers and/or other types of confidential information that areacom.ge may provide to the Client and/or Merchant for access to various services;

1.1.14. Agreement – ​​an agreement concluded between the Users and shopmart.ge, which includes these Terms and Conditions and its annexes, if any.

1.2. Where the context so permits, words denoting the singular shall mean the plural and vice versa.

2. RepresentationsandWarranties:

2. By agreeing to these terms and conditions, the User confirms that:

2.1. The Merchant is an independent contractor and is not an employee, partner and/or agent of the Company. The Company is not responsible for the quality of the products placed for sale on the Platform by the Merchant and the actual compliance of their characteristics with the description indicated on the areacom.ge website (areacom.ge).

2.2. The Company is exempt from any liability that may arise from the sale of products placed by the Merchant, including violation of the terms of the contract and warranty, non-compliance with applicable laws and regulations, etc.

2.3. Is a legal entity established in accordance with the legislation of Georgia or an individual aged 18 or over and at the same time is not a citizen of the European Union or a resident of a member state of the European Union.

2.4. Has full (unrestricted) legal capacity, is not under the influence of narcotic, alcoholic, psychotropic or toxic drugs, is not under the influence of error, fraud, pressure, threat or any unlawful influence and is not the object of violence, threat, deception, misrepresentation or other prohibited action by areacom.ge or any third party, is fully aware of the content of the expression of his will, the essence of the provisions of the Terms and Conditions and the legal consequences arising therefrom;

2.5. The User has full authority (or will obtain appropriate authority) to enter into and perform the obligations set forth in these Terms and Conditions or any other agreements and applications;

2.6. Has read the terms and conditions and finds them acceptable;

2.7. All data submitted by him/her is accurate;

2.8. The User is not involved in or participates in any illegal activity (including money laundering, arms trafficking, terrorism or other illegal activities) as defined by the laws of any jurisdiction (including the laws of Georgia and the laws of the country of which the User is a citizen);

2.9. When opening a personal account and for the entire period of validity of the agreement, its activities and/or actions are/will be in compliance with local and/or international legislation.

2.10. His/her actions are not/will not be aimed at deceiving shopmart.ge or/and any third party/party. Taking into account the above principle, the document and/or information submitted by him/her to shopmart.ge for the purpose of concluding or based on and performing the Agreement is/will also be true, accurate and complete at the time of its submission;

2.11. He/She will fulfill the obligations assumed under the Terms and Conditions in good faith, fully and properly;

2.12. Agrees that after opening a personal account, shopmart.ge may search/verify and process any information specified by or related to the user, including personal information and/or universal identifiers, until the termination of the agreement.

2.13. The User shall immediately notify shopmart.ge in writing of all circumstances(s) that may conflict with its stated statements and/or result in a breach of the stated warranties;

2.14. shopmart.ge enters into the Agreement based on the representations, warranties and obligations contained in these Terms and Conditions and considers them to be the terms of the Agreement. Accordingly, any breach of the representations, warranties and obligations set forth in this Article after the Agreement is concluded shall be sufficient grounds for shopmart.ge to unilaterally refuse to provide all or any of the services provided for in the Agreement and the Terms and Conditions.

2.15. When reaching an agreement between the Client and the Merchant through the Platform, an agreement is concluded (hereinafter referred to as the “Purchase Agreement”), the terms of which additionally include these Terms and Conditions. The Company is not a party to the Purchase Agreement. It is only a supporter in the process of reaching an agreement between the Client and the Merchant through the Platform and its execution, which excludes its liability in case of violation of obligations arising from the Service Agreement. Accordingly, the Company is not responsible for:

2.15.1. The quality of the Merchant's products and the compliance of their characteristics with the data posted on the platform;

2.15.2. The accuracy of personal data provided to the Company by the Client and the Merchant;

2.15.3. Proper performance of the purchase agreement concluded between the Client and the Merchant;

2.15.3. Proper performance of the purchase agreement concluded between the Client and the Merchant;

2.15.5. Damage caused to third parties by the Merchant and/or the Client.

2.16. In the event of any misunderstanding/claim between the Client and the Merchant, the Company shall be fully exempt from any claims that the parties may have against each other.

2.17 The Client and the Merchant acknowledge and agree that:

2.17.1 The design of the Website, the software package, the main program code, the software and other materials are subject to copyright and other intellectual property rights and are therefore subject to protection;

2.17.2 They will not use any software that is equipped with artificial intelligence in connection with the use of the Services;

2.17.3 The Company’s Website Services in certain cases involve connecting the User with third parties who may offer their own products or services. The Company assumes no obligation or responsibility for the authenticity or merchantability or other legal or proprietary status of, or any features of, the products or services offered to you. Where we provide access to third-party products and services, or hyperlinks to websites, we do so for informational purposes, believing that such information or matters may be useful to users of our website. Such links do not constitute an endorsement or responsibility for the opinions, ideas, products, information or services of the third party on this website, or on any other websites to which we link, and we do not expressly state any such endorsement or representation. You use any third-party information and/or links at your own risk and we do not accept any responsibility or liability for the content, use or availability of such third-party information and/or sites. We do not endorse any such third-party data or information or the content or accuracy of such data, nor do we warrant that such content is free from infringement of copyright, trademark or other rights of third parties or that such content is free from viruses or other harmful components. Accordingly, we make no warranty or representation and assume no liability for any electronic information (its content) provided by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

3. Opening and using a user account:

3.1. Rules for using areacom.ge services by the buyer and the merchant:

3.1.1. For using areacom.ge services by the buyer:

• The buyer registers on the website Shopmart.ge;
• For registration, the buyer indicates his first name, last name, e-mail and password, which only he knows and the system does not store it in an open form, but stores its hashed version, which is not accessible to anyone except the owner.
• To complete registration, the user must check the box indicating that they agree to Shopmart.ge's Privacy Policy and Terms of Service;
• After completing the registration, the buyer selects the desired product or products on the website and adds them to the cart for the purpose of purchasing them.
• To complete the purchase, the user fills in additional information on the purchase page: personal number, mobile number, physical address, selects the desired delivery and payment methods, and completes the purchase procedure.
• If the buyer has any additional questions regarding the terms of service of areacom.ge or the product of interest to him, he can contact the support team by e-mail: info@areacom.ge
• The merchant registers on the website areacom.ge;
• For registration, the Merchant indicates: the name of the Merchant's store, identification code, legal address, physical address, telephone number, e-mail address, password (in accordance with paragraph 5.2), contact person, position of the contact person, mobile number of the contact person, e-mail of the contact person, and must also indicate information about the company (whether it is a VAT payer and whether it has VAT-exempt goods) and product categories that it sells;
• To complete the registration, the Merchant must check the box indicating that they agree to the areacom.ge Privacy Policy and these Terms and Conditions;
• If the buyer has any additional questions regarding the terms of service of areacom.ge or the product of interest to him, he can contact the support team by e-mail: info@areacom.ge

3.1.1. For using areacom.ge services by the buyer:

3.2. The User is obliged to always keep his/her personal account access codes safe and never disclose them to third parties.

3.3. The User assumes full responsibility for any actions taken with his/her account. In the event that a person accesses the User's account on behalf of and at the direction of another person, it is assumed that he/she has sufficient authority to impose certain obligations on the User. The Company fully disclaims liability for any damage caused by a third party accessing the User's account.

3.4. The User is obliged to change his/her password and immediately contact the shopmart.ge Customer Service Center if the Client has reasonable suspicion that his/her personal account login information, password or other security access code(s) or means have been stolen, lost, misappropriated, used without authorization or otherwise misappropriated. Failure to comply with this obligation will jeopardize the security of the User's personal account and will also result in his/her liability for any loss/damage.

3.5. By opening a personal account, the user declares and guarantees that by opening a personal account, he does not violate any law or regulation. He is obliged to protect the interests of areacom.ge and compensate areacom.ge for all damages incurred as a result of the user's violation of the requirements set forth in this clause;

3.6. The User is obliged to ensure the accuracy and updating of the information in his/her personal account. areacom.ge shall not be liable for any damage caused by the User's failure to comply with the above obligation. areacom.ge shall be entitled to request from the User at any time to confirm the accuracy of the information or to provide documents or other evidence;

4. Universal identifiers registered in the identification system:

4.1. Username – one of the parameters automatically determined by the centralized identification system, which is unique, and is required for authorization to receive remote services;

4.2. Password – one of the parameters required for authorization to receive centralized remote services, which the user determines upon registration in the centralized identification system, via the remote service channel(s) selected by areacom.ge or another communication channel. The password is subject to subsequent update/change at the user's discretion.

4.3. Mobile phone number – the phone number to which the user receives one-time access codes and one-time passwords (if any) required to perform certain operations through the centralized remote service.

4.4. User's personal number/identification number;

4.5. User's email address – the email address to which the Client/Merchant receives the access codes and passwords (if any) required to perform certain operations through the centralized remote service. To receive the centralized remote service, the Client/Merchant may be required to perform authorization using a simple (using a username and password) or complex (using a username, password and one-time code) authorization method. The authorization method for each relevant remote service channel(s)/services is also registered in the centralized identification system.

4.6. For service improvement and/or security purposes, the Company may define additional or different user identifiers.

5. Authorization:

5.1. After account registration and verification, the user is authorized to use the website.

5.2. Authorization is carried out through universal user identifiers.

6. Selection of the desired product by the client, placing and receiving the order:

6.1. The authorization client is redirected to the home page via the website, from where he can access various information through the navigation buttons located there.

6.2. Using the navigation buttons, the client selects the desired product category, after which he is given the opportunity to filter the data according to the desired price category, merchant, product characteristics and/or other offered data.

6.3. The client selects and places the desired product in their cart by clicking the "Confirm" button.

6.4. After placing the product in the cart, the client will be redirected to the payment page, where various service fees may be added to the product price.

6.5. The client will be able to receive products purchased through the shopmart.ge platform according to the rules of the predetermined delivery service.

6.6. The client has the right to return the purchased item, in accordance with the attached return policy.

7. Relationship between the Company and the Merchant:

7.1. The relationship between the Merchant and the Company, including the payment procedure, is regulated in accordance with the terms of this Article and the agreement concluded between the Merchant and the Company.

7.2. By registering on the areacom.ge website, the Merchant confirms that he/she agrees to these Terms and Conditions and the Privacy and Security Terms.

8. Payment between Shopmart.ge and the customer:

8.1. The client may make payments by credit card, which constitutes acceptance of these terms and conditions.

8.2. When paying by credit card, the transfer recipient is the company that then sends the received amount/transfer to the merchant.

8.3. When paying by credit card, the service fee provided by shopmart.ge is added to the product price.

8.4. The Company will provide support to users in resolving problems arising when paying by credit card through the Customer Service Center.

8.5. When making a payment by credit card, the Company acts as the Merchant's financial agent. The Client's obligation to the Merchant shall be deemed fulfilled from the moment the cost of the specific product and the commission charged on it by the User are fully reflected in the Company's relevant bank account.

8.6. The Company will transfer the product price paid by the Client to the Merchant's bank account only after the Client has fully and properly reflected the product and the commission accrued on it in the Company's account.

8.7. The buyer makes payments to Shopmart.ge using the following payment methods:

• With a VISA or MASTERCARD card on the website www.shopmart.ge
• Online installments.
• Cash on delivery to the courier.

9. WarrantyTerms:

9.1. The Parties agree that the distribution of warranty conditions and its validity period for a specific product is entirely the prerogative of the Merchant and the Company cannot be held liable for any lack of warranty conditions/refusal to correct any defect/non-conformity related to the product during the warranty period.

9.2. In the event of warranty conditions, the client shall submit a claim during the warranty period directly to the Merchant, independently of the Company.

9.3. You can find additional information about the warranty conditions here:

10. Closing a personal account and limiting its use:

10.1. shopmart.ge is authorized to unilaterally terminate or restrict the user's right to use the platform by means of a notification sent by e-mail if it considers that the requirements of these Terms and Conditions have been violated. In this case, the account shall be closed or the use restricted from the moment of delivery of the notification specified in this article;

10.2. In the event that the Company closes an account or restricts its use for the reason specified in Article 11.1, the User is not authorized to create a new account in his or her own name or in the name of another.

10.3. The User has the right to terminate the use of the shopmart.ge platform at any time, which does not result in the termination of the confidentiality obligation provided for in this Agreement.

11. Prohibited Transactions and Additional Merchant Guarantees:

11.1. The purchase and/or sale of the following products through the areacom.ge platform is strictly prohibited:

• Narcotics or related paraphernalia;
• Firearms or ammunition;
• Cable and satellite television signal jamming devices;
• Pornographic material;
• Government identification documents and licenses, as well as reproductions and innovation samples;
• Services related to unlicensed lottery and gambling;
• Multi-level marketing, pyramid-style trading or Ponzi schemes, matrix programs or other get-rich-quick schemes or high-yield investment programs;
• Goods or services that infringe the intellectual property rights of third parties, including, without limitation, the illegal use of electronically downloadable programs;
• shopmart.ge reserves the right, within its sole discretion, to increase or decrease the categories of prohibited transactions;

11.2. In the event that the User carries out or attempts to carry out an operation in violation of the prohibitory provisions specified in this article, shopmart.ge reserves the right to:

• terminate or suspend the operation of the client's personal account; and/or
• Inform law enforcement authorities about the operation; and/or
• To demand compensation for damages from the client;

11.3. The Merchant represents and warrants that:

• Possesses all licenses, permits, certificates, liability insurance (if any) and other documentation required by applicable law for the sale of a specific product;
• When selling the product, it will comply with applicable legislation and relevant norms of professional ethics;

12. Shopmart.geLimitationof:

12.1 You agree that you are free to choose whether or not to use the Company's website and services and that you do so at your own discretion, risk and discretion.

12.2 The Company provides your access to the Website and the Services in accordance with these Terms and Conditions. The Company makes no other representations or warranties in relation to the Services or any products or services that form part of the Services and, accordingly, the Company’s liability in relation to the same is excluded (to the extent permitted by law) (including, but not limited to, implied warranties of merchantability and/or fitness for your purposes). In particular, we do not warrant that the Website and/or Services will be available at all times or will be free from bugs, viruses or other errors.

12.3 The Company shall not be liable to you or any person, whether in contract, negligence, tort or otherwise, for any loss or damage arising out of or in any way connected with your or any third party's use of the Services, whether direct or indirect, including, without limitation, damages for loss of business, loss of profits (including loss or non-receipt of anticipated profits), business interruption, or other monetary or material/material loss.

12.4 The Company shall not be liable to you or any person, whether in contract, negligence, tort or otherwise, for any loss or damage arising out of or in any way connected with your use of any link contained on the Site. The Company is not responsible for the content of any internet website link to which you are redirected from the Site or its services.

12.5 You acknowledge that the Company shall not be liable to you or any third party for any changes, restrictions or termination of access to the Website.

12.6 You agree that in the event that the Company's website does not function properly, there is a delay or interruption in an operation, transaction or transmission, loss or damage to data or contacts or lines, unlawful use of the Site or its contents by third parties, or any circumstances beyond our control:

12.7 The Company is not liable for any losses, including loss of profit, caused by the above, and such losses will not be compensated;

12.8 If any such error results in an increase in your winnings or winnings payable to you, you will not be entitled to receive such winnings. You must immediately notify the Company of such error and return to the Company any winnings credited to your Account as a result of such error (as directed by the Company) or the Company may, at its discretion, deduct from your Account the amount of such winnings.

12.9 areacom.ge is responsible for:

12.9.1 The correctness and timeliness of transactions on the User's personal account in accordance with the rules specified in these Terms and Conditions and applicable legislation;

12.9.2. Confidentiality of information about transactions performed on a personal account, except as otherwise provided by law;

12.10 areacom.ge is not responsible for:

12.10.1. Product quality;

12.10.2. In the event of warranty conditions, the Merchant's failure to fulfill and/or improper fulfillment of the obligation assumed under such conditions during the warranty period;

12.10.3. For direct or indirect damages resulting from the sale of a defective product, including, without limitation, loss of income, loss of business, and damage to reputation.

12.10.4. areacom.ge does not assume responsibility for the determination and payment of any transaction, obligation, or payment arising from the transaction between the Client and the Merchant;

12.11. Violation of the obligations specified in these Terms and Conditions shall entail liability as provided for in these Terms and Conditions and the applicable legislation of Georgia; the Parties undertake to compensate each other for any damage (loss) caused by their full or partial non-fulfillment or improper fulfillment of the Terms and Conditions in accordance with the procedure established by the legislation and/or the Terms and Conditions;

13. Term and Termination of the Agreement:

13.1. These Terms and Conditions shall remain in effect until the User's registration is canceled.

13.2. The Client's full and proper payment of the Product price to shopmart.ge under these Terms and Conditions and upon its purchase of the Product constitutes the fulfillment of its monetary obligation. The fulfillment of the monetary obligation does not result in the termination of these Terms and Conditions;

14. Governing Law and Dispute Resolution Procedure:

14.1. These Terms and Conditions shall be governed and construed in accordance with the laws of Georgia;

14.2. The Parties agree that Georgia is the place of performance of the Terms;

14.3. Any dispute or disagreement related to these terms or their interpretation shall be resolved through negotiation between the parties;

14.4. If the parties fail to reach an agreement through negotiation within 30 (thirty) calendar days, they unconditionally agree to resort to other means of dispute resolution provided to them by the legislation of Georgia, if they so wish.

15. Changes to these Terms and Conditions:

15.1. These Terms may be subject to change. Changes will be made by shopmart.ge without prior notice to the User, however, in the event of a material change to the Terms, the User must re-apply for them in order to continue to receive the Service without interruption. In the event of any material change to the Terms, the User will have the opportunity to consent to them when using any of the channels of shopmart.ge.

16. SingleAgreement

16.1. These Terms and Conditions, together with any other agreements related to them, constitute the entire agreement with respect to the Website and/or Services and supersede all prior and contemporaneous communications, understandings, and written or oral representations and warranties with respect to the Website and/or Services.

17. PrivacyPolicy:

17.1. Please read the Privacy Policy carefully. By accessing and using our website – shopmart.ge, you confirm that you have read and agree to all the terms of the Privacy Policy and our website.

17.2. The Privacy Policy applies to the existing protection mechanisms of areacom.ge regarding unauthorized access to personal data, through which shopmart.ge ensures the protection of your personal data.

18. PurchaseandReceiptRulesfortheitem:

18.1. The client will be able to receive products purchased through the areacom.ge platform according to the rules of the predetermined delivery service.

18.2. The recipient/deliverer of the purchased product may be:

• The purchaser (client) himself/herself personally;
• Any other person specified by the client.

18.3. If the client does not collect the purchased product personally and wants another person to collect it instead of him, in such a case, he must provide areacom.ge with the personal data of the recipient, namely, first name, last name, personal ID number and address, so that Shopmart can correctly identify the recipient and deliver the product.

18.4. The rule described in this paragraph applies only to products purchased by non-cash payment (by card).

18.5. In case of cash purchase of a product by the client, the purchased product shall be delivered by areacom.ge only to the client or an adult person indicated by the client, taking into account these rules.

18.6. In case of a customer purchasing a product in installments, the purchased product is delivered by areacom.ge only to the customer.

18.7 areacom.ge reserves the right to cancel the order placed by the customer at any time.

19. Return/Exchange Policy

19.1. Please carefully read Shopmart's Return/Exchange Policy. By accessing and using our website – areacom.ge – you confirm that you have read and agree to the Return/Exchange Policy and all terms and conditions of use of our website.

19.2. The Return/Exchange Policy refers to the terms and conditions for returning/exchanging an item you purchased if you wish to return or exchange it.

20. TransitionalProvisions:

20.1. The headings used in these Terms are for convenience only and shall not affect the construction or interpretation of the Terms;

20.2. Upon request, the User is obliged to provide areacom.ge with any additional information and also to submit relevant supporting documents required by areacom.ge or specified by Georgian legislation;

20.3. If any clause or part of these Terms and Conditions is for any reason declared invalid, void or terminated, the said clause or part thereof shall no longer apply, which shall not affect the validity of the remaining clauses of the Terms and Conditions;

20.4. areacom.ge has the right to unilaterally make changes to the text of these terms and conditions and to notify the user of this through areacom.ge's information media, including the website, any other channel available to areacom.ge and/or e-mail;

20.5. The User, without the written consent of areacom.ge, is not authorized to transfer the rights and claims arising from these terms and conditions or to impose obligations on another person;

20.6. By agreement of the parties, the legal address of shopmart.ge is considered the place of performance of these terms and conditions;

20.7. In cases not provided for in the Terms, the Parties shall be guided by the relevant regulatory norms established by law and/or additionally agreed terms;