TERMS & CONDITIONS
These terms and conditions constitute a binding agreement between you and "APS" LLC (hereinafter the "Company" or aps.ge) and govern your use of 'aps.ge' website. 'aps.ge' website or/and related services, including any communications made by the company towards the merchants and customers regarding the services offered, are hereinafter collectively referred to as Aps.ge Platform.
Whereas, the Customer and the Merchant wish to set up a personal account on the platform operated by Aps.ge in order that the Customer can purchase and the Merchant can sell its products through the platform, the Company, the Customer and the Merchant agree to enter into the agreement on the basis of which the Customer and the Merchant will open and use the account, products placed on aps.ge platform will be sold and delivered to the Customer, the Customer will pay for the product purchased, the Merchant will be paid the product value, the commission from the sales made through the platform will be calculated and the payment procedure will be implemented, and the account will be closed as well.
All customers and merchants, who wish to use aps.ge platform, shall be required to agree and observe the following terms and conditions.
Aps.ge Administration reserves the right, at any time unilaterally, by posting on the same website, to make changes to these Terms & Conditions without the further consent of the Customer and the Merchant.
1. Definition of Terms:
1.1. The terms and expressions used in these Terms & Conditions shall have the following meanings unless the context otherwise requires:
1.1.1. Account - means the account registered by the Customer or the Merchant on the website;
1.1.2. Authorization - means the access to the personal account by the User and includes any action specified in Article 6 of these Terms and Conditions;
1.1.4. Website - means aps.ge, through which services are offered;
1.1.5. Customer - means any legal or natural person, who meets the requirements of these Terms & Conditions and wants to purchase Merchant's products through aps.ge platform.
1.1.6. Merchant - means any legal or natural person, who meets the requirements of these Terms & Conditions and wants to sell or buy the products by use of the platform;
1.1.7. Company, We or Our - means aps.ge, duly registered and existing in accordance with the laws of Georgia, identification code: 404598609, registered address: L. Kiacheli str. N 7a/8, apt. 9, Mtatsminda district, Tbilisi.
1.1.8. User, Users - means the Customer or/and the Merchant, individually and collectively respectively, registered on aps.ge platform;
1.1.9. Parties - the Company and its customers;
1.1.10. Aps.ge platform - means the platform operated by aps.ge, including without limitation the aps's website, or/and all other alternate channels available for aps.ge;
1.1.11. Operation - any transaction performed by the user in connection with the personal account and / or services.
1.1.12. Universal Unique Identifiers - set of data provided by aps.ge to the user by use of which the user can register in the identification system and is able to use a number of remote services or/and remote service channels of aps.ge;
1.1.13. Access code(s) - codes, passwords, user name, identification code, universal identifiers, or/and other confidential information, which aps.ge may provide to the Customer or/and the Merchant for accessing to different services;
1.1.14. Agreement - agreement made between the users and aps.ge, which includes these Terms and Conditions and its Annexes, if any.
1.2. Where the context so permits, the words used in singular include plural and vice versa.
2. Representations and Warranties:
2. By agreeing these Terms and Conditions, the User confirms that:
2.1. The Merchant is an independent contractor and is not an employee, partner or / and the agent of the Company. The company is not responsible for the quality of the saleable products placed by the merchant on the platform and the actual compliance of its characteristics with the description provided on aps's website (aps.ge).
2.2. The Company shall be released from any responsibility that may result from the sale of the products placed by the Merchant, including the violation of the agreement and guarantee conditions, non-compliance with applicable laws and regulations, etc.
2.3. It is a legal entity or natural person established in accordance with the legislation of Georgia, 18 years of age or older and at the same time it is not a citizen of the European Union or a resident of an EU Member State.
2.4. It has full (unrestricted) legal capacity, is not under the influence of drugs, alcohol, psychotropic or toxic products, is not subject to misdoing, fraud, pressure, threat or any unlawful influence and is not an object of violence, threats, deception, misleading or other prohibited actions from aps.ge or any third party, that the user is fully aware of its own free will, the essence of the provisions of these terms and the legal consequences arising from them;
2.5. The user has full authority (or will gain a relevant authority) to sign and fulfill the obligations provided for by these Terms and Conditions or any other agreements and representations;
2.6. It has become familiar with these Terms and Conditions and agrees to them;
2.7. All data provided by the user are accurate;
2.8. The user is not involved or does not participate in any unlawful activity (including money laundering, arms trafficking, terrorism or other illegal activities) provided for by the legislation of any jurisdiction (which includes the legislation of Georgia and the country of citizenship of the user);
2.9. At the moment of opening a personal account and for the entire period of the agreement, the user's activities and / or actions are / will be in full compliance with local and / or international legislation.
2.10. The user's action is not/will not be directed to deceive aps.ge or/and any third person/party. In consideration of this principle, any document or/and the information provided by the user to aps.ge for execution or fulfillment of the agreement or on the basis of it is/will be proved, correct and complete at the moment of submission hereof;
2.11. It will fulfill the obligations assumed by these Terms and Conditions in a bona fide and proper manner;
2.12. The user agrees that, after opening a personal account, until termination of the agreement, aps.ge will be entitled to search/verify and process any information specified by or related to the user, including personal information or/and universal identifiers.
2.13. The user immediately informs aps.ge in writing about all the circumstances (s) that may contradict his / her representations and / or cause the violation of the mentioned warranties.
2.14. aps.ge enters into the agreement based upon the representations, warranties and obligations given in these Terms and Conditions and considers them as the terms of the agreement. Accordingly, breaching of the representations, warranties and obligations under this Article after conclusion of the agreement shall serve as a sufficient ground for unilateral refusal by aps.ge to provide all or any of the services provided by the agreement and these Terms and Conditions.
2.15. If the Customer and the Merchant reach an agreement through the platform they will execute the contract (hereinafter the Sale and Purchase Agreement), the terms and conditions of which additionally include these Terms & Conditions. The Company is not the party to this Sale and Purchase Agreement. It only supports the Customer and the Merchant to reach the agreement through the platform and assists them in enforcing it, which excludes the Company's responsibility in case of breach of obligations under the service agreement. Accordingly, the Company is not responsible for:
2.15.1. The quality of Merchant's products and the compliance of product characteristics with the data/specifications provided on the platform;
2.15.2. The accuracy of personal data provided by the Customer and the Merchant to the Company;
2.15.3. Proper fulfillment of the sale and purchase agreement executed by and between the Customer and the Merchant;
2.15.4. The availability of permit/license/certificate if its existence is envisaged by the legislation of Georgia for the sale of specific products under the agreement;
2.15.5. The damage caused by the Merchant or/and the Customer to third parties.
2.16. In the event of any misunderstanding/complaint between the Customer and the Merchant, the Company shall be fully released from any claim that the parties may have against each other.
2.17 The Customer and the Merchant acknowledge and confirm that:
2.17.1 Website design, software suite, basic software code, 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 artificial Intelligence software in relation to use of the service;
2.17.3 The Company's website service in certain cases involves connecting the customer to third parties, who can offer their own product or service. The company assumes no obligation or responsibility for the authenticity or salability or the authenticity of other legal or proprietary status or for the characteristics of the products or the service offered to you. Third party's products and access to its services, or links to websites are offered only for the purpose of providing the information taking into account that such information or matters may be useful for our website users. Such links do not serve as confirmation of or responsibility for the considerations, ideas, products, information or services provided by a third party on this website or any other related websites. You use third party's information or/and the link at your own risk and we assume (acknowledge) no responsibility or obligation in relation to the content, use or availability of third party's information or/and websites. We do not approve such third party's data or the content or accuracy of the information and we do not guarantee that such content is free from infringement of copyright, trademark or other third party rights or the content of such data is free from viruses or other harmful effects. Therefore, we do not make any warranty or representation and assume no responsibility regarding any electronic information (its content) provided by any third party, including but not limited to the accuracy, subject matter, quality or timeliness of any electronic content.
3. Creating and Using a User Account:
3.1. Terms of using aps.ge services by the Customer and the Merchant:
3.1.1. In order that the Customer can use Aps.ge service:
3.1.2. In order that the Merchant can use Aps.ge service:
3.2. The user is obliged to always keep his personal account access codes safe and never disclose them to third parties.
3.3. The user assumes full responsibility for any action implemented through his/her account. If a person makes access to the user's account on behalf of and by instruction of another person, it shall imply that such person has sufficient authority to impose certain obligations on the user. The Company shall assume no liability for the damage caused by accessing to the user's account by a third party.
3.4. The user is obliged to change his / her password and immediately contact to aps.ge customer service center, in case the customer has a reasonable suspicion that the information, password or other security access codes (s) or means of access for his / her personal account have been stolen, lost, illegally appropriated, used without permission or otherwise misappropriated. Failure to do so will endanger the security of the user's personal account and will result in the user's liability for any loss /damage suffered.
3.5. By creating a personal account, the user represents and warrants that he/she does not violate any law or regulation. The user shall be required to protect aps.ge interests and indemnify against damage suffered by aps.ge as a result of violation of the requirements set forth in this paragraph by the user.
3.6. The user is obliged to ensure the accuracy of the information on his personal account and updating hereof. Aps.ge will not be liable for any damage caused by non-fulfillment of the mentioned obligation by the user. Aps.ge is entitled, at any time, to request from the user to confirm the accuracy of the information or to submit documents or other evidence;
4. Universal Identifiers registered in the identification system:
4.1. User name – one of the parameters established by the centralized identification system in an automatic mode required for authorization to receive remote service, which is the unique parameter;
4.2. Password - one of the parameters required for authorization to receive centralized remote service, which is defined by the user upon registration in the centralized identification system, through the remote service channel (s) or other communication channel selected by aps.ge. The password is subject to further update / change at the user's discretion.
4.3. Mobile phone number - the phone number on which the user receives the one-time access codes and one-time passwords (if any) required to perform the operations designated by the centralized remote service.
4.4. Personal number/identification number of the user;
4.5. User Email Address - the email address on which the Customer/ Merchant receives the access codes and passwords required to perform operations defined by the centralized remote service (if any). In order to receive a centralized remote service, the customer / merchant may be required to perform an authorization using the simple (use of username and password) or complex (use of username, password and one-time code) authorization method. The authorization method shall also be registered in the centralized identification system for using the each relevant remote service channel (s) / services.
4.6. For service improvement and / or security purposes, the Company may define additional or different user identifiers.
5.1. After registering and verifying the account, the user goes through the authorization to use the website.
5.2. Authorization is made through the user's universal unique identifiers.
6. Selecting the desired product by the Customer, placing and receiving the order:
6.1. Upon authorization, the customer goes to the main page through the website, from where it may have access to different information by use of the navigation buttons.
6.2. Using the navigation buttons, the customer selects the desired product category, after which he / she is able to filter the data according to the desired price category, merchant, product characteristics and / or other data proposed.
6.3. By marking the "Approve" button, the customer selects and places the desired product in his / her cart.
6.4. After placing the product in the cart, the customer will be redirected to the payment page where the different service fee may be added to the product value.
6.5. The customer will be able to receive the products purchased through aps.ge platform according to the predefined delivery service rules.
7. Relationship between the Company and the Merchant:
7.1. The relationship between the Merchant and the Company, including the settlement procedure, shall be governed by the provisions of this Article and the agreement between the Merchant and the Company.
7.2. By registering on aps.ge website, the Merchant confirms that it agrees to these Terms and Conditions and the Privacy and Security Terms of the company.
8. Payment Procedure between Aps.ge and the User:
8.1. The Customer can make a payment by a credit card, which includes accepting these Terms and Conditions.
8.2. In the event of payment by the credit card, the recipient is the company which thereinafter will send/transfer the amount to the Merchant.
8.3. In the event of making a payment by the credit card, the cost of the service provided by aps.ge will be added to the product value.
8.4. The company will assist customers in resolving credit card payment issues through its Customer Service Center.
8.5. When paying by the credit card, the company acts as a financial agent of the Merchant. The customer's obligation to the Merchant will be considered as fulfilled from the moment when the cost of the specific product and the commission charged thereon have been fully reflected on the relevant bank account of the Company.
8.6. The Company will transfer the product value paid by the customer to the Merchant's bank account only when the cost of the product and the commission charged thereon have been fully reflected on the relevant bank account of the Company.
8.7. The buyer will pay to aps.ge according to the following payment methods:
9. Guarantee Conditions:
9.1. The parties agree that the application of guarantee conditions to the specific product and its validity period is only the responsibility of the Merchant and the Company can not be held liable for non-availability of the guarantee conditions/refusal to correct any defect/irregularity related to the product during the guarantee period.
9.2. If guarantee conditions apply, the customer will submit the claim during the guarantee period directly to the Merchant, independently from the Company.
9.3. Additional information regarding the guarantee conditions can be seen here:
10. Closing a personal account and restricting its use
10.1. Aps.ge is entitled, unilaterally, by sending the notification to the e-mail, to terminate or restrict the customer's right to use the platform if it considers that the requirements of these Terms & Conditions have been violated. In such case, the account is closed or the use is restricted from the moment of receiving the notification defined in this article;
10.2. If the Company closes the account for a reason specified in Article 11.1 or restricts its use, the User is not entitled to create a new account in his or her or another person's name.
10.3. The user may at any time terminate the use of aps.ge platform, which will not lead to termination of the confidentiality obligation provided for by this agreement.
11. Prohibited Operations and additional guarantees from the Merchant:
11.1. It is strictly prohibited to buy and / or sell the following products through aps.ge platform, namely:
11.2. In case the user carries out, or tries to carry out the operation in violation of the prohibitive provisions specified in this article, aps.ge reserves the right to:
11.3. The Merchant represents and warrants that:
12. Limitation of Aps.ge's responsibility:
12.1 You agree that you can decide at your choice to use the company website and service or not and you do it at you own discretion and risk.
12.2 The Company will ensure your access to the Website and the provision of the Services in accordance with these Terms and Conditions. The Company makes no other promises or warranties regarding the Service or any product or service that forms part of the Service, therefore the Company is free from the responsibility (within the limits prescribed by law) in this regard (including implied warranties, satisfactory quality and / or compliance with your goals) in particular, we do not make any guarantee that the Website and / or Services will be permanently available or free of software bugs, viruses or other errors.
12.3. The company shall not be liable to you or any person for any contractual, negligent, delictual or any other loss or damage arising out of or in any way connected, directly or indirectly, to the use of service by you or any third party, including but not limited the loss of business, loss of profit (including loss of expected profit or missed profit), loss for termination of business or other pecuniary or essential/material loss.
12.4 The company shall not be liable to you or any person for any contractual, negligent, delictual or any other loss or damage arising out of or in any way connected, directly or indirectly, to your use of any link on the website. The company shall not be liable for the content of hyperlink to which you will be directed from the website or its service.
12.5 You confirm that the company shall not be liable to you or any third party for any change, restriction or termination of access to the website.
12.6 You agree that in the event that the Company's Website does not work properly, and that the operation, transaction or transmission is interrupted or terminated, data or contact or lines are lost or damaged, the website or its content is used illegally by third parties, or in any circumstance beyond our control:
12.7 The Company shall not be liable for any loss, including loss of profit, caused by the foregoing, and such loss shall not be compensated;
12.8 If any such error results in an increase in your profit or the profit payable to you, you are not entitled to receive such profit.
You should immediately notify the Company of such error and pay back to the Company all profits transferred on your account as a result of such error (as specified by the Company) or the Company may, at its discretion, deduct the amount of that Profit from your account.
12.9. aps.ge shall be liable for:
12.9.1 The accuracy and timeliness of the operations made on the user's personal account according to these terms and conditions and the applicable laws.
12.9.2. The confidentiality of the information regarding the operations made on the personal account other than the cases provided for by the laws.
12.10. Aps.ge shall not be liable for:
12.10.1. The quality of the product;
12.10.2. Non-fulfillment or/and improper fulfillment of the obligations assumed by the merchant under the guarantee conditions (if any) during the guarantee period;
12.10.3. Direct or indirect damage occurred as a result of sale of the defective product, which includes without limitation the undeceived income, business loss and reputational damage.
12.10.4. Aps.ge assumes no responsibility for determination and payment of any transaction, liability, or payment arising from the transaction between the Customer and the Merchant;
12.11. Violation of the obligations set forth in these Terms and Conditions shall result in liability under these Terms and the effective legislation of Georgia; The parties undertake to compensate each other for the damage (loss) caused as a result of their full or partial non-fulfillment or improper fulfillment of the conditions in accordance with the manner established by law and / or these terms and conditions;
13. Term and Termination of the Agreement:
13.1. These terms and conditions shall remain in force until cancelation of the registration of the customer.
13.2. In the event of purchase of the product by the customer under these terms and conditions, payment of the product value in full and properly to aps.ge shall be considered as fulfillment of the payment obligation of the customer. Fulfillment of the payment obligation shall not lead to termination of these terms and conditions.
14. Governing Law and Resolution of Disputes:
14.1. These terms and conditions are governed and interpreted in accordance with the laws of Georgia;
14.2. The place for fulfillment of the terms and conditions shall be Georgia by agreement of the parties.
14.3. Any dispute or controversy related to these terms and conditions or interpretation hereof, shall be resolved by way of negotiations between the parties.
14.4. If the parties fail to reach an agreement through negotiations within 30 (thirty) calendar days, they unconditionally agree to apply other remedies to resolve the dispute granted to them by the legislation of Georgia.
15. Making changes to these terms and conditions:
15.1. These terms and conditions may be subject to changes. Changes shall be made by aps.ge without a prior notification to the user. However, in case of making essential changes to these terms and conditions, the user shall have to agree once again to them in order to receive uninterrupted service. In the event of each essential change to the terms and conditions, the user shall be able to give consent for using any of aps.ge channels.
16. Entire Agreement
16.1. These Terms and Conditions, together with other related agreements, constitute a single and complete agreement regarding the Website and / or the Services and supersede all prior and parallel communications, perceptions, as well as written or oral representations and warranties made in relation to the Website and / or the Services.
18. Procedure for buying and receiving the item:
18.1. The customer will be able to receive the products purchased through aps.ge platform according to the predefined delivery service rules.
18.2. Recipient of the product purchased can be:
18.3. If the customer does not accept the purchased item personally and wants to be picked up by another person, in such case, he/she shall provide aps with personal data of the recipient, in particular, the name, surname, personal number and address in order that aps will be able to identify the recipient correctly and ensure delivery of the product.
18.4. The procedure set forth in this paragraph applies only to the product purchased by non-cash settlement (by the card).
18.5. If the customer buys the product in cash, the purchased product will be delivered by aps only to the customer or to the person of full age specified by the customer in accordance with these rules.
18.6. If the customer buys the product in installments, the purchased product will be delivered directly to the customer.
18.7 aps.ge reserves right, at any time, to cancel the order made by the user.
19. Transitional Provisions:
19.1. Headings used in these terms and conditions are for convenience only and shall not affect the interpretation hereof.
19.2. Upon request, the user is obliged to provide aps.ge with any additional information and also to submit the relevant supporting documents required by aps.ge or defined by the legislation of Georgia;
19.3. If any of the provision or part of these terms and conditions becomes invalid or terminated for any reason, such provision or part of it shall be no longer used and it shall not affect the validity of the remaining provisions.
19.4. aps.ge has the right to unilaterally make changes in the text of these Terms and Conditions and to inform the User about it through the media of aps.ge, including the website or any other channel and / or e-mail available to aps.ge;
19.5. The user, without the written consent of aps.ge, is not entitled to transfer the rights and requirements arising from these terms and conditions or to assign obligations to another person;
19.6. By agreement of the parties, the legal address of aps.ge is considered to be the place of fulfillment of these terms and conditions.
19.7. In cases not provided for in these Terms and Conditions, the parties shall be guided by the relevant regulatory norms established by the law or/and additionally agreed terms.