Public Offer
This offer (hereinafter referred to as the “Offer”) is an official proposal by the Individual Entrepreneur Vladimir Karakash-Solodovnikoff (hereinafter referred to as the “Seller”) to conclude a contract for the retail sale of goods through the online store on the website https://postcards.ge on the terms set forth below to any fully capable individual (hereinafter referred to as the “Buyer”) for personal, family, household, and other non-commercial purposes not related to entrepreneurial activities.
Offer Placement (Website): https://postcards.ge
The Offer becomes effective upon its publication on the Website and remains valid until the Seller withdraws it. The Seller has the right to make changes to the Offer at any time. Changes to the Offer terms become effective and applicable from the moment of their publication on the Website. The Buyer is obliged to monitor the current version of this Offer on the Website.
Payment
By making payment for the services, the Buyer guarantees that they have already read and accept all the conditions of the Offer as stated in the text of this Offer. The Buyer also acknowledges and agrees to the terms of sale, product delivery, product cost, its type, and other characteristics, as well as other conditions of the Offer.
Key Definitions
Buyer: an individual who intends to order or purchase products, placing an order, purchasing, or using products exclusively for personal, family, household, and other non-commercial purposes, not related to entrepreneurial activities, by placing an Order on the website https://postcards.ge.
Seller: Individual Entrepreneur Vladimir Karakash-Solodovnikoff (registration code – 01511352117) engaged in the sale of goods.
Internet Store: Website where any Buyer can familiarize themselves with the presented Goods, their descriptions, prices for Goods, select specific Goods, payment methods, and delivery of Goods, and place an Order.
Website: https://postcards.ge. The Website is owned and administered by the Seller.
Goods: an object of sale (item), not withdrawn or restricted in civil circulation and presented for sale in the Online Store by placing it in the corresponding section of the Online Store – postcards.
Order: an electronic form submitted in the Online Store by the Buyer’s request for the purchase and delivery to the address specified in the request for Goods selected in the Online Store, sent via the Internet.
- General Provisions
1.1. The contract is concluded by the Buyer’s acceptance of the Offer. Payment of the full amount of the Goods by the Buyer constitutes acceptance of the conditions set forth in this public Offer. The date of acceptance of the Offer is considered to be the date when the funds are credited to the Seller’s bank account.
1.2. The payment of the Goods by the Buyer implies the full and unconditional acceptance of the Offer and the Contract by the Buyer.
1.3. The acceptance of the Offer is equivalent to the conclusion of a written contract on the terms set forth in the Offer. The contract concluded in the above manner is considered to be concluded in a simple written form, does not require execution on paper, and has full legal force for the Parties.
1.4. In case the Seller conducts stimulating events – actions, special provisions regulating the procedure for placing an Order and returning Goods may be established in the conditions of actions placed on the Website. The conditions of actions are an integral part of this Offer and apply to persons participating in the actions. Placing an Order for action and/or fulfilling other conditions for participation in the action means the Buyer’s agreement to the conditions of the corresponding action.
1.5. By providing their data, registering on the Website, placing an order, the Buyer provides the Seller with their consent to use this data by the Seller, as well as third parties engaged by him for the purpose of fulfilling obligations to Buyers, for receiving advertising messages (in the form of SMS and/or push notifications, and/or through applications and/or messengers for smartphones, and/or phone calls, and/or in any other way to the phone number and email address specified by the Buyer). This consent comes into force from the moment of acceptance of the Offer and is valid until its withdrawal by the Buyer. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for refusal by sending a refusal to the Seller by email or mail.
1.6. The relationship between the Buyer and the Seller is governed by the provisions of the current legislation of Georgia.
- Subject of the Contract
2.1. The Seller transfers the paid Goods to the ownership of the Buyer, and the Buyer undertakes to pay for and accept the Goods. The Parties may exchange postcards.
- Registration on the Website
3.1. When placing an Order in the Online Store, the Buyer registers based on the information provided by them, including their name, phone number, and email address. It is possible to register on the Website only once per phone number or email address.
3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer.
3.3. The Buyer, registered in the Online Store, receives individual identification by providing a login and password. The transfer of the login and password by the Buyer to third parties is prohibited; the Buyer is solely responsible for all possible negative consequences in case of transferring the login and password to third parties.
- Order Processing and Deadlines
4.1. The Buyer’s order can be placed by filling out the order form on the Website. When selecting a product on the Website, the Buyer proceeds to the order form. In the order form, the Buyer provides their name, phone number, email address, as well as additional information, including the delivery address and the authorized recipient’s information in case of ordering an original card and its delivery by the Seller. The Buyer chooses a payment method from those offered on the Website and makes the payment for the product.
4.2. Upon receiving the order, the Seller may further confirm the order details with the Buyer using the contact information provided by the Buyer, including recipient’s details, delivery location, method, and timeframe.
4.3. If it is discovered after receiving the order that the Seller does not have the necessary product, the Seller informs the Buyer via phone or email. The Seller may offer an alternative product or propose an extended delivery period due to the need for product manufacturing/acquisition. The parties agree on possible actions. The Buyer has the right to accept the Seller’s proposal or refuse it. In case of refusal, the Seller refunds the amount paid by the Buyer. If the Seller does not receive a response from the Buyer within 2 calendar days from the notification via phone and/or email, the order is considered canceled. The Seller can refund the Buyer if the Seller is aware of the Buyer’s bank details. If the Seller is not aware of the Buyer’s bank details, the Seller is not responsible for refunding the Buyer.
4.4. If the Buyer has any questions regarding the properties and characteristics of the product or any other matters, the Buyer must contact the Seller using the contact information provided on the Website before placing the order to clarify these issues.
- Delivery
5.1. Product delivery can be carried out depending on the form of the product: for digital copies – by sending a digital copy link to the Buyer’s email address; for original cards – by self-pickup at the Seller’s specified address, by mail, courier, or by mutual agreement.
5.2. Delivery timeframe:
5.2.1. For digital copies:
The digital copy is sent to the email address provided by the Buyer during the order placement within 24 hours from the moment the full payment for the product is received by the Seller.
5.2.2. For original cards:
By mail – the original card is sent by the Seller within 2 days from the moment the full payment for the product is received by the Seller and is delivered by the postal service according to the established postal delivery timeframe.
By courier – the original card is delivered by the courier within 2 days from the moment the full payment for the product is received by the Seller.
By self-pickup – within 7 days from the moment the full payment for the product is received, unless otherwise indicated by the Seller or agreed upon by the parties. If the Seller requests additional information from the Buyer, the response period is not included in the delivery timeframe. The delivery timeframe automatically extends during the Buyer’s response period without additional agreement between the parties.
5.3. The risk of accidental loss or damage to the product passes to the Buyer at the moment of the product handover. Ownership of the product passes to the Buyer from the moment of actual transfer of the product to the Buyer upon its full payment.
5.4. Upon receiving the product, the Buyer inspects and checks it for assortment, quantity, and quality. If any defects are found, the Buyer must refuse to accept the product and immediately notify the Seller; otherwise, the product is considered duly delivered and accepted by the Buyer without objections. The Buyer confirms by their signature on the order form that they have no claims regarding the assortment, quantity, and quality of the product. After the product is accepted by the Buyer, the Seller does not accept any claims regarding the product. If the product is received not by the Buyer but by another person at the address specified by the Buyer, the Buyer is solely responsible for accepting the product on behalf of the Buyer.
5.5. If the Buyer does not receive the product from the Seller through self-pickup within the agreed timeframe, at the post office within the agreed postal storage period, or from the courier at the agreed date and time, the Seller may, at their discretion, sell the product to another person without refunding the amount paid by the Buyer. The Seller may resend the product to the Buyer again if the full shipping cost is paid by the Buyer.
- Product Price and Delivery
6.1. The price of the product is set by the Seller according to the Seller’s rates and is specified on the Website. Payment is made by the Buyer as a deposit. In case of non-performance or improper performance of the Agreement by the Seller due to the Buyer’s fault, due to the actions/inactions of the Buyer, or due to reasons beyond the Seller’s control, the deposit is non-refundable.
6.2. The product price on the online store can be unilaterally changed by the Seller. The price of a product for which an order has already been placed cannot be changed.
6.3. The cost of delivery for the ordered products is calculated individually based on its weight, region, and delivery method. It is not included in the product price and is paid separately.
- Product Return
7.1. Product returns are carried out in accordance with the legislation of Georgia and the Agreement.
7.2. In case of placing an order, the Buyer has the right to refuse the product at any time before receiving it. If the product is in the process of being delivered to the Buyer, the Buyer can refuse the product provided that the delivery cost is paid; the refund is made to the Buyer minus the delivery cost.
7.3. The Buyer has the right to return products of proper quality within 7 (seven) days from the date of receiving the products, provided their appearance, consumer properties, and the document confirming the purchase of these products are preserved. In this case, the return of products is made at the Buyer’s expense by handing them over to the Seller at the Seller’s specified address or by using a courier service ordered through the Seller, or by mail. The Seller refunds the Buyer the paid amount for the product minus the delivery cost within 10 (ten) days from the day the Buyer submits the corresponding claim.
7.4. Products of proper quality listed in the List of non-food products of proper quality and digital copies of cards are not subject to return or exchange.
7.5. To initiate the return of products of proper quality, the Buyer must submit a written request specifying their surname, name, patronymic, product details, order details, accompanied by documents confirming the payment and the reasons for the return. The return is made upon the Buyer presenting a document verifying their identity.
7.6. The return of products of improper quality is carried out in accordance with the laws of Georgia.
7.7. The return of products of improper quality is made by the Buyer within 7 (seven) calendar days from the date of receiving the product by handing over the product to the Seller at the Seller’s specified address, by mail, or by courier, accompanied by a statement in the form specified in clause 7.5 of this offer, specifying the defects, payment documents for the product.
- Exchange Procedure for Goods
Goods of Proper Quality
8.1.1. The Buyer has the right to exchange goods of proper quality for a similar product from the Seller if the specified product does not fit in terms of shape, dimensions, style, color, size, or configuration.
8.1.2. The consumer has the right to exchange goods of proper quality within 14 (fourteen) days, excluding the day of purchase.
8.1.3. Exchange of non-food goods of proper quality is allowed if the product has not been used, its appearance and consumer properties are preserved, and there is a sales receipt, a cash receipt, or another document confirming the payment of the specified product. The list of goods not subject to exchange is determined by the laws of Georgia.
8.1.4. If a similar product is not available for sale on the day the Buyer contacts the Seller, the Buyer has the right to refuse the contract and demand a refund of the amount paid for the specified product. The Buyer’s request for a refund of the amount paid for the specified product shall be satisfied within 7 (seven) days from the day of returning the specified product to the Seller.
8.1.5. By agreement between the Buyer and the Seller, the exchange of goods can be arranged upon the arrival of a similar product for sale. The Seller is obliged to promptly inform the Buyer about the availability of a similar product for sale.
Defective Goods
8.2.1. When replacing defective goods with a similar product, the price of the product is not recalculated.
8.2.2. When replacing defective goods with a different product, if the price of the replacement product is lower than the price of the product provided in exchange, the consumer must pay the price difference. If the price of the replacement product is higher than the price of the product provided in exchange, the price difference is paid to the Buyer.
9. Guarantees and Liability
9.1. The Seller shall not be liable or responsible for non-performance, improper performance of the contract, losses, damages, expenses incurred by the Buyer, third parties due to the fault of the Buyer, third parties, force majeure circumstances, in the absence of the Seller’s fault.
9.2. The Buyer undertakes not to use the ordered product for entrepreneurial purposes, not to violate the copyrights and other rights of the Seller and other persons related to the product. In case of violation of this obligation, the Buyer must pay the Seller a fine in the amount of the losses incurred, compensate him for the entire unjustified income received as a result of using the product in violation of the Seller’s rights. The Seller and the Buyer may agree on the amount of compensation out of court.
9.3. The Buyer is solely responsible for the accuracy of the information provided by him when placing an order, registering on the online store.
9.4. The Parties are released from liability for complete or partial non-performance of their obligations if such non-performance was a consequence of force majeure circumstances that the Parties could not foresee and prevent by reasonable measures.
9.5. In other cases, the Parties are liable in accordance with the legislation of Georgia.
10. Confidentiality and Personal Data Protection
10.1. The Buyer’s personal data is processed in accordance with the laws of Georgia.
10.2. By accepting this Offer, the Buyer gives consent to the automated and non-automated processing of the personal data provided by them, including the use of internet services such as Google Analytics, Yandex.Metrica, LiveInternet, Google Doubleclick. This includes the collection, systematization, accumulation, storage, clarification, updating, modification, use, depersonalization, blocking, and destruction of these personal data by the Seller and its representatives, provided by the Buyer when placing an Order, during the term of the Contract, as well as obtained by the Seller with the written consent of the Buyer from a third party. This information includes but is not limited to:
-Surname, first name, patronymic;
-Email address;
-Phone number;
-Address;
Buyer’s authorization data and identifiers, data automatically transmitted by the site services during their use through software installed on the Buyer’s device, including IP address, cookie data, source of site entry, and information about search or advertising requests, user clicks, page views, form completions, banner and video displays and views, information about the Buyer’s browser (or other program used to access the services), technical characteristics of the equipment and software used by the Buyer, date and time of access to the services, addresses of requested pages, and similar information, data collected by web analytics systems such as Yandex.Metrica, Google Analytics, Facebook, CoMagic, and others, according to the list of such data posted on the respective web analytics system’s website.
The Seller may process personal data for the following purposes: contract execution, monitoring and analysis of contract performance, accounting for received payments, product delivery, interaction with the Buyer, promotion of Seller’s products and services, monitoring marketing campaign results, customer support.
Processing of personal data (on paper media; in personal data information systems, both with and without using automation tools, as well as by mixed methods)
Duration of this consent: from the moment of Offer acceptance until the Buyer’s withdrawal of this consent. The Buyer can revoke this consent by sending an email to the Seller.
10.3. The Seller may use “cookies” technology. From the moment of Offer acceptance, the Buyer is considered to have given consent to the Seller for the collection, analysis, and use of cookies, including by third parties, for the purpose of statistical analysis and optimization of advertising messages.
10.4. The Seller obtains information about the visitor’s IP address on the Website. This information is not used to identify the visitor personally.
10.5. The Seller is not responsible for the information provided by the Buyer on the Website in publicly accessible form.
10.6. The Seller has the right to record telephone conversations with the Buyer. In this case, the Seller undertakes to prevent attempts of unauthorized access to the information obtained during phone conversations and/or its transfer to third parties not directly related to Order fulfillment.
11. Other Terms
11.1. In case of any questions, the Buyer can contact the Seller using the contact details provided on the Website and in the Offer.
11.2. The Contract is considered concluded under the terms of the Offer from the moment of Acceptance and is valid until the Parties fully fulfill their obligations under it.
11.3. The Parties may send each other documents (scanned copies of documents), messages, notifications, including claims, via email, which is considered proper delivery.
11.4. Disputes arising from the Contract will be resolved through negotiations (written documentation of negotiation results is not required) and by sending substantiated written claims with evidence of the validity and justification of the facts and demands stated in them. Such claims will be reviewed within 10 days from the date of receipt. If the dispute is not resolved through negotiations, it may be referred to court in accordance with the legislation of Georgia.
12. Seller’s Details
Individual Entrepreneur: Vladimir Karakash-Solodovnikoff
Registration Code: 01511352117
Email Address: [email protected]