Terms and Conditions
Merchant Name: Super LLC
Identification Code: 205050905
Legal Address: 1 Roman Miminoshvili St, Tbilisi
Physical Address: 1 Roman Miminoshvili St, Tbilisi
Email: [email protected]
Phone Number: 032 2 19 39 00
General Rights:
1) The company “Superi”, recognizing the rules and conditions established by the Law of Georgia “On Consumer Rights Protection”, and in order to support the realization of consumers’ legal rights and promote a culture based on respect for consumers, hereby informs you of the rights you possess both in the retail outlets of “Superi” and when purchasing products (goods) online (remotely) from the company.
You have the right, prior to concluding a contract, to receive in the official language of Georgia, clearly and comprehensibly, the following accurate and complete information:
• Information about the name of the product or service, the manufacturer, and the essential characteristics of the product or service, taking into account the specifics of the medium providing the information (including size and capabilities);
• The full name and address (legal address) of “Superi”, as well as its email address, fax, and telephone numbers through which the consumer can communicate quickly and effectively with the trader; where applicable — the contact information of the natural or legal person on whose behalf “Superi” operates;
• Information about the name and address of the facility for replacement, repair, and maintenance of goods, if it differs from the address specified in subparagraph “b”;
• The price of the product or service, indicating both the main and additional costs (including transportation, delivery, installation, etc.), and if, due to the nature of the product or service, the price cannot be calculated in advance — the method of calculation and information that additional costs may arise;
• Payment conditions, delivery conditions, performance of obligations, and the procedure for handling consumer complaints;
• Information about the legal guarantee and, where applicable, commercial guarantees, as well as conditions of after-sales service;
• Where applicable — the duration of the contract, and if the contract is indefinite or automatically extended — the conditions for terminating the contract;
• Information about your obligations and the minimum duration of their fulfillment;
• Functional characteristics of digital content, including, where applicable, technical protection measures, as well as compatibility with hardware or software, if such information is known or should have been known to “Superi”;
• Conditions for withdrawing from the contract.
2) You have the right to:
• Receive the purchased goods without undue delay;
• Request transportation of the purchased goods to the address specified by you within a pre-agreed timeframe (in case of online sales or where “Superi” assumes responsibility for transportation);
• In case of failure by “Superi” to deliver within the agreed timeframe, withdraw from the contract and request a refund;
• Receive prior information about the availability of the product;
• Request and receive information in advance about both primary and additional costs (if any);
• Obtain the contact phone number of “Superi” and establish telephone communication without additional charges.
2. Obligation to Provide Information to the Consumer
1) In the case of a distance (online) contract or a contract concluded outside the commercial premises of “Superi” (if applicable), you have the right to additionally receive, prior to concluding the contract, the following information clearly and comprehensibly:
• The actual address of “Superi” if it differs from the legal address, as well as the identity and actual address of the trader on whose behalf “Superi” operates (if applicable);
• The price of the product or service including taxes, or if it cannot be calculated in advance — the method of calculation; where applicable — all additional costs including delivery, transportation, and postal costs; if such costs cannot be calculated in advance — information that additional costs may be incurred. In the case of an indefinite contract or subscription, the price includes the total cost for each billing period. If the contract provides for a fixed fee, the total price means the total monthly cost. If it cannot be calculated in advance, the calculation method must be provided;
• The cost of using means of distance communication at the time of contract conclusion, if such cost is not included in the basic price;
• The conditions, time limits, and procedures for exercising the right of withdrawal, as well as the withdrawal form;
• Information about cases where the right of withdrawal cannot be exercised;
• Information about the cost you must bear for returning the goods if, due to their nature, they cannot be returned by post;
• Information about the existence and availability of a code of conduct;
• Information about the documentation required for returning goods.
2) You have the right (and “Superi” is obliged) to receive this information, in the case of a distance contract, via means of distance communication, clearly and comprehensibly.
3. Right of Withdrawal from Distance or Off-Premises Contracts
1)According to the Law of Georgia “On Consumer Rights Protection”, you have the right to withdraw from a distance contract or a contract concluded outside the commercial premises of “Superi” within 14 calendar days without providing any reason. This period is calculated:
• For service contracts — from the date of conclusion;
• For sales contracts — from the moment you or a third party designated by you (other than the carrier) takes possession of the goods;
• In the case of multiple goods ordered separately — from the receipt of the last item;
• For regular delivery contracts — from the receipt of the first item.
2. In case of withdrawal, you will not incur any costs (including delivery costs), except where
you chose a more expensive delivery option than the standard one or where the value of the
goods has diminished due to use beyond what is necessary to determine their nature,
characteristics, and functioning.
3. Withdrawal automatically terminates any related contracts and restores the parties to their
original position.
4. You must notify your decision within 14 days by submitting a completed form or other clear
statement. The burden of proof lies with you.
5. The following information must be provided:
- Company details;
- Order date;
- Delivery date;
- Consumer name and address;
- Signature (if on paper);
- Date of completion.
6. “Superi” may accept the withdrawal form electronically and must confirm receipt
immediately.
7. In case of return, “Superi” may withhold the refund until the goods are returned or proof of
shipment is provided.
8. You are obliged to:
• Return the goods within 7 calendar days;
• Bear only direct return costs, unless otherwise agreed;
• If delivery was made by “Superi” and the goods cannot be returned by post, the company must collect them at its own expense.
4. Exceptions to the Right of Withdrawal
You do not have the right to withdraw if:
• The service has been fully performed with your prior consent and acknowledgment;
• The price depends on financial market fluctuations beyond the company’s control;
• The goods are custom-made or clearly personalized;
• The goods are perishable or have a short shelf life;
• Sealed goods have been opened after delivery (health/hygiene reasons);
• Goods are inseparably mixed with others;
• Sealed audio/video recordings or software are unsealed;
• Newspapers or magazines are supplied (except subscriptions);
• The contract was concluded at a public auction;
• The contract relates to specific services (transport, accommodation, etc.);
• Digital content was provided with prior consent and acknowledgment of loss of withdrawal right.
5. Consequences of Withdrawal
1. Withdrawal terminates obligations and requires mutual return of received items.
2.“Superi” must:
• Refund all payments within 14 days;
• Use the same payment method unless otherwise agreed.
3. Refund may be withheld until goods are returned.
4. You must:
• Return goods within 7 days;
• Bear direct return costs;
• If delivery was outside business premises and goods cannot be returned by post, the seller must collect them.
6. Characteristics and Quality of the Purchased Goods
1. The trader is obliged to deliver to the consumer goods that comply with the terms stipulated in the contract.
2. Goods shall be considered as complying with the contractual terms if they correspond to the description provided to you by the company “Super” and possess the same characteristics as the sample presented by the company “Super”, and/or if they are suitable for the purpose for which you informed the company “Super” at the time of concluding the contract and received its consent.
3. If you do not inform the company “Super” about the specific purpose for which you intend to use the goods (item), the goods shall be considered compliant with the contractual terms if they are fit for the purposes for which goods of the same type are normally used.
4. If the normal purpose of use of the goods cannot be determined, the goods shall be considered compliant with the contractual terms if they possess the characteristics typical of such goods and function in the manner expected of such goods, as reasonably anticipated by an average consumer, taking into account the nature of the goods and any public statements made by the company “Super”, the manufacturer, its representative, or any other person responsible for placing the goods on the market, including through advertising and/or labeling.
5. Any defect resulting from incorrect installation of the goods by the company “Super” or under its responsibility shall be considered equivalent to a lack of conformity with the contractual terms, provided that installation was part of the contract (where such a contract exists). This rule also applies to goods that are to be assembled or installed by the buyer and were incorrectly assembled or installed due to deficiencies in the instructions provided with the goods.
6. For the purposes of this Article, goods shall not be considered defective if, at the time of concluding the contract, you were aware or should have been aware of the defect, or if the defect is caused by materials supplied by you.
7. Your Rights in Case of a Defect
1. If the goods are found to be defective, you have the right to request from the company “Super” the remedy of the defect (free repair or replacement of the goods, price reduction) or to withdraw from the contract.
2. You have the right to request free repair or replacement of the goods, except where this is impossible due to the nature of the goods or would require disproportionate or unreasonably high costs.
3. The goods must be repaired or replaced within a reasonable period, in a manner that avoids significant inconvenience, taking into account the nature of the goods and the purpose for which they were purchased.
4. You have the right to request a price reduction or to withdraw from the contract if one of the following conditions exists:
• repair or replacement of the purchased goods is impossible;
• the company “Super” has failed to repair or replace the goods within a reasonable period;
• it is evident that repair or replacement would cause you significant inconvenience.
5. You do not have the right to withdraw from the contract if the defect is minor.
8. Commercial Warranty
1. The company “Super” is obliged to comply with the commercial warranty it has issued, including the terms specified in the advertisement of the relevant goods or services.
2. The commercial warranty must include:
• information stating that the commercial warranty does not limit the consumer’s statutory rights;
• clearly defined warranty conditions, including the duration and territorial scope of the commercial warranty, as well as information necessary for submitting a claim, in particular the limitation period, and the name and address of the trader.
3. Upon your request, the commercial warranty must be provided in writing or in another acceptable form.
4. Any term of the commercial warranty that limits the consumer’s statutory rights shall be void.
Paragraph No. 9. Burden of Proof and Time Limits in Case of Non-Conformity
1. You have the right to exercise the rights provided under Paragraphs 7 and 8 of this Agreement (Articles 17–19 of the Law of Georgia on the Protection of Consumer Rights) if the defect in the goods is discovered within 2 years from the date the goods were delivered to you.
2. If you discover a defect within 6 months from taking possession of the goods, it shall be presumed, unless proven otherwise, that the defect existed at the time of delivery, provided this is possible considering the nature of the goods or the defect. In this case, the burden of proof lies with the company “Super”. If the defect is discovered after 6 months, the burden of proving that the defect existed at the time of delivery lies with the consumer.
3. The first paragraph of this section does not apply to the sale of second-hand goods. In such cases, the trader’s liability, under the circumstances defined in paragraph 2 of this article, shall be subject to individual agreement between the parties.
4. For the purposes of this paragraph, you are obliged to present a purchase receipt (or any other relevant document) confirming that the item was purchased from the company “Super”.