GENATSVALE Food Delivery LLC — a company registered under the laws of Georgia, identification number (I/N) 405624301, located at: 69, Iosebidze St., Saburtalo district, Tbilisi, Georgia (hereinafter — the “Company”), acting on the basis of its Charter through its Director Lasha Bokuchava, representing the owner of the website www.food-delivery.ge (hereinafter — the “Website”), and the company operating as an online store of culinary products (hereinafter — the “Product(s)”), which connects customers with the online store of the Product(s) and ensures delivery of the Product(s) in accordance with the Customer’s order, in accordance with the rules established by this Public Offer Agreement (hereinafter — the “Agreement”), which, in accordance with Article 329 of the Civil Code of Georgia, constitutes a public offer.
Before using the services (hereinafter — the “Services”) offered on the Website, please carefully read the terms of this Agreement and all other terms, conditions and notices available on the Website. If you disagree with any of them, please refrain from accepting the provisions of this Agreement.
By agreeing to the terms of this Agreement, a natural or legal person shall be referred to as the “Customer”, while the Company and the Customer shall be jointly referred to as the “Parties”.
Placing an order on the Website by the Customer shall constitute acceptance of this offer.
1. DEFINITION OF TERMS
1.1. Company — a company registered under the laws of Georgia, with identification number 405624301, legal address: 69, Iosebidze St., Saburtalo district, Tbilisi, Georgia.
1.2. Customer — any capable natural person over the age of 18 or a legal entity represented by an authorized person who intends to place or has placed an order in connection with the purchase of the Product(s) offered by the Company.
1.3. Order Placement Means — the Company’s official Website or official mobile application with order processing functionality.
1.4. Product(s) — culinary products prepared by the Company in the form of individual meal menus, catering or lunch menus and offered to Customers through the Website.
1.5. Order Placement — the Customer’s request submitted through the application form available on the Website for purchasing any Product(s) offered on the Website and receiving delivery services.
1.6. Public Offer Agreement — the Company’s offer in accordance with Article 329 of the Civil Code of Georgia, addressed to an unspecified number of individuals and legal entities interested in purchasing the Product(s) offered by the Company.
1.7. Order Fee — the total amount of the Product(s) and delivery fees specified in the order.
1.8. Acceptance — acceptance of the terms of this Agreement.
1.9. Order Cancellation — if the order is not paid within 30 minutes from the time it is placed, the order shall be automatically cancelled.
2. GENERAL PROVISIONS
2.1. Under this Agreement, the Company shall, in return for payment, provide the Customer with services related to the preparation and delivery of the Product(s), and the Customer shall fulfill the obligation to pay for the Product(s) and Services provided by the Company.
2.2. Before placing an order, the Customer shall familiarize himself/herself with the terms of this Agreement. By placing an order, the Customer confirms that he/she has read the terms of this Agreement and agrees to all conditions set forth therein.
2.3. By using any or all of the Company’s Services, the Customer expressly acknowledges that:
2.3.1. The Customer has read and agreed to the terms of this Agreement;
2.3.2. The Customer agrees to accept the obligations defined by the terms of this Agreement;
2.3.3. The Customer is legally capable and authorized to agree to the terms of this Agreement;
2.3.4. By accepting this Agreement/Offer, the Customer consents to the processing, use and storage of his/her personal data in accordance with the Privacy Policy posted on the Company’s Website.
2.4. The Customer may receive the order placed on the Website and paid for at the address indicated in the order, which implies delivery directly by a Company representative or an authorized person.
2.5. The Company shall not be responsible for the content or accuracy of the information provided by the Customer when placing an order. In the event that inaccurate information is provided, delivery to the address indicated in the order shall constitute full performance by the Company of its delivery obligation.
2.6. Product information displayed on the Website may differ from the actual Product(s) delivered due to the characteristics and properties of such Product(s), including natural variations in color, size and shape, as well as natural processes or properties of the Product(s).
2.7. The Company sells and delivers the Product(s) in accordance with the prices presented in the order form, which are determined by the Company. The Company reserves the right to change the prices of the Product(s) and delivery fees.
2.8. The order application submitted by the Customer to the Company shall contain the following information:
2.8.1. Name of the order recipient;
2.8.2. Contact telephone number of the order recipient;
2.8.3. List of ordered Product(s);
2.8.4. Order delivery address;
2.8.5. Preferred order delivery time.
2.9. Any action taken by the Customer under this Agreement shall be deemed to have been performed by the Customer, shall be binding upon the Customer and shall make the Customer liable for fulfilling the contractual obligations.
2.10. Order approval procedure:
2.10.1. The Customer receives information about the Company’s Product(s) through the Website;
2.10.2. The Customer submits an application to the Company using the order placement form on the Website;
2.10.3. The Customer shall make payment no later than 30 minutes after placing the order;
2.10.4. The Company shall begin preparing the Product(s) specified in the order immediately after receiving confirmation of payment;
2.10.5. The Company shall deliver the Product(s) to the Customer at the address specified by the Customer, at the requested time and location.
2.11. The Customer has the right to make changes to the order only before payment is made.
2.12. The Company may engage third parties to ensure the performance of this Agreement. The Company shall be directly responsible to the Customer for the actions of such third parties as for its own actions.
2.13. Within the scope of this Agreement, the Company provides delivery services only within the following territory: Tbilisi City, Georgia.
2.14. The Company does not guarantee that the Website will operate without errors, as its functionality may be disrupted due to actions of third parties, force majeure circumstances or other circumstances beyond the Company’s control.
3. CHANGES AND UPDATES
3.1. The Company reserves the right to periodically review or amend the terms of this Agreement at its sole discretion.
3.2. In the event of such changes, the Company shall post the updated terms on the Website without prior notice, indicating the date of the last update.
3.3. Unless otherwise stated, the updated terms shall enter into force immediately upon publication.
3.4. By using the Company’s Services after publication of the updated terms, the Customer confirms his/her consent to the updated terms.
3.5. The Company recommends that the Customer regularly review any changes posted on the Company’s Website.
3.6. If the Customer disagrees with these terms or any subsequent updates or amendments, the Customer shall stop accessing and using the Company’s Website.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Company shall:
4.1.1. provide the Customer with all necessary information regarding the cost, terms and conditions of preparation and delivery of the Product(s);
4.1.2. ensure fulfillment of its contractual obligations to the Customer in accordance with the applicable legislation of Georgia;
4.1.3. publish information about updates and amendments to the terms of this Agreement on the Website.
4.2. The Company may:
4.2.1. unilaterally amend the terms of this Agreement;
4.2.2. require 100% advance payment of the order price from the Customer;
4.2.3. unilaterally refuse to fulfill an order that cannot be delivered to the Customer. Such cases include:
4.2.3.1. refusal or avoidance of acceptance of the order by the Customer or the person designated by the Customer as the order recipient;
4.2.3.2. inability of the Company to provide the Product(s) due to force majeure circumstances;
4.2.4. request from the Customer all information necessary for the performance of this Agreement;
4.2.5. change the delivery time in the event of unforeseen circumstances, including receipt of a large number of orders, traffic congestion and road accidents, adverse weather conditions, an accident involving the delivery vehicle, and other unforeseen circumstances that objectively make it impossible to complete delivery within the specified time;
4.2.6. refuse to enter into an agreement with the Customer if the Customer does not provide full and unconditional consent to the provisions of this Agreement.
4.3. The Customer shall:
4.3.1. before placing an order, familiarize himself/herself with the content and conditions of this Agreement, as well as the Product(s), their full composition and delivery conditions;
4.3.2. independently monitor changes and updates to the rules for placing orders on the Website;
4.3.3. strictly comply with the provisions of these terms and conditions and all other terms posted on the Website;
4.3.4. pay the full cost of the order immediately after placing it;
4.3.5. provide reliable and accurate information necessary for the Company to deliver the order.
4.4. The Customer may:
4.4.1. place an unlimited number of orders through the Website, subject to the limitations set forth in this Agreement;
4.4.2. independently select a payment method for the order from the options displayed on the Website, familiarize himself/herself with and agree to the payment rules before making payment;
4.4.3. receive information about the Company’s Product(s).
5. ORDER PAYMENT
5.1. Information about available payment methods is provided on the Website.
5.2. Preparation of the order shall not begin until the order has been paid for in full.
5.3. Prices are published on the Website in Georgian Lari (GEL).
5.4. The Customer acknowledges and agrees that the order shall be cancelled if payment is not received within 30 minutes after placing the order or if the payment is incomplete.
6. PRODUCT RETURN AND REPLACEMENT
6.1. The Company shall provide the Customer with Product(s) that fully correspond to the agreed order and whose quality corresponds to the information provided to the Customer.
6.2. Upon receiving the order, the Customer shall check whether the received Product(s) correspond to the agreed order. In case of non-compliance, the Customer may, within 5 minutes after receiving the order, request replacement of such Product(s) with the corresponding Product(s), about which the Customer must inform the Company, or request a reduction in the order value if a smaller quantity of Product(s) has been delivered, or request a refund.
6.3. Upon expiration of the period specified in Clause 6.2, the delivery shall be deemed to have been properly completed and the Customer shall have no further claim regarding such delivery.
6.4. The Company shall replace the Product(s) with similar Product(s) of appropriate quality or, by agreement with the Customer and at the Customer’s choice, with other Product(s) of similar value. In such case, previously paid amounts shall be used to adjust the cost of the newly selected Product(s). Replacement and delivery of the Product(s) shall be carried out at the Company’s expense.
6.5. The Company may refuse to replace the Product(s) if illegal actions, damage to the Product(s), fraudulent actions or other similar circumstances are detected on the part of the Customer.
6.6. Any amount refundable to the Customer shall be refunded on the basis of the Customer’s written request. If the Customer’s refund request is substantiated, the Company shall refund the amount within 14 days of receiving the Customer’s written request, using the payment method agreed by the Parties.
7. FORCE MAJEURE
7.1. The Parties shall be released from liability for partial or complete non-performance of their contractual obligations if such non-performance results from force majeure circumstances that the Parties could neither foresee nor avoid. Force majeure circumstances include floods, fires, earthquakes and other natural disasters, as well as war, hostilities, blockade, prohibitive actions of authorities and state bodies, international sanctions, destruction of communication and power supply systems, explosions, road blockages, accidents on utility networks, interruption of cold and hot water supply, interruption of heating and other similar circumstances.
8. TERM OF THE AGREEMENT
8.1. This Agreement shall enter into force from the moment the Customer places an order and shall remain valid until the Parties have fully fulfilled their contractual obligations.
9. LIABILITY OF THE PARTIES
9.1. The Customer shall be responsible for all potential risks associated with his/her actions, including errors and inaccuracies in the information provided when placing an order.
9.2. The Customer shall be responsible for the actions of persons designated by the Customer as order recipients.
9.3. In case of non-performance or improper performance of contractual obligations, the Parties shall be liable in accordance with the applicable legislation of Georgia.
9.4. The Company shall not be responsible for any damage caused to the Customer or a third party as a result of improper use of the Product(s) by the Customer, including use for purposes other than their intended purpose.
10. INTELLECTUAL PROPERTY
10.1. The Company respects and protects the intellectual property rights of others. It is the Company’s policy to review any claims alleging that content on the Website infringes copyright or other intellectual property rights. If the Customer or Website visitor is a copyright owner and believes that his/her copyrighted work is being used in a manner that may constitute copyright infringement, the Customer or Website visitor may send a notification containing a detailed description of the alleged infringement to Genatsvalefooddelivery@gmail.com.
11. DISPUTE RESOLUTION AND APPLICABLE LAW
11.1. The Parties shall attempt to resolve all disputes and disagreements arising between them out of or in connection with this Agreement through negotiations. Participation in the dispute resolution procedure initiated by a claim shall be mandatory.
11.2. In the event of a violation of the conditions provided for in this Agreement, the affected Party shall submit a claim to the other Party in accordance with the procedure and conditions established by the applicable legislation of Georgia, regardless of the Customer’s location.
11.3. If the Parties fail to reach a mutually acceptable decision through negotiations within 10 days after submission of a written claim, the dispute shall be considered by the Tbilisi City Court.
12. FINAL PROVISIONS
12.1. The Customer understands the content of this Agreement and fully and unconditionally accepts all its terms without any exceptions and/or limitations.
12.2. General information shall be deemed to have been delivered to the Customer if it is posted on the Company’s Website or in the application.
12.3. The Parties confirm that they fully and unambiguously understand the subject and content of this Agreement, the rights and obligations of each Party arising from or related to the performance of this Agreement, the essence of the terms adopted herein, as well as the compliance of the text of this Agreement with the intentions and will of the Parties. The Agreement is concluded under favorable conditions for the Parties and is not a result of the influence of difficult circumstances upon them.
12.4. All other matters not covered by this Agreement shall be governed by the applicable legislation of Georgia.
13. CONTACT INFORMATION
13.1. If the Customer or Website visitor has any questions regarding the terms of this Agreement, contractual rights and obligations, the use of the Company’s Services, or wishes to share ideas, recommendations or suggestions, he/she may contact the Company by email at Genatsvalefooddelivery@gmail.com or use the contact form available on the Website.
14. COMPANY DETAILS
14.1. Legal address: 69, Iosebidze St., Saburtalo district, Tbilisi, Georgia
14.2. Identification number (I/N): 405624301
14.3. Director: Lasha Bokuchava
14.6. Tel.: +995 500 505 081
14.7. E-mail: Genatsvalefooddelivery@gmail.com