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General Agreement

1. Scope of the Agreement

1.1. This Agreement governs the relationship between the Customer and the Company arising in connection with the Customer’s participation in the Loyalty Program (if applicable), purchase of goods from the Company, receipt of services and/or fulfillment of warranty obligations.

1.2. The Company fully supports a culture of conduct based on respect for the Customer and strictly prohibits any form of discrimination in consumer relations. The Company conducts its relationship with the Customer in accordance with the applicable legislation of Georgia, including on the basis of the Law of Georgia on the Protection of Consumer Rights and the Law of Georgia on Personal Data Protection.

 

2. Loyalty Program

2.1. The Parties agree that, pursuant to this Agreement, the Customer shall participate in the Loyalty Program, which entitles the Customer to use the benefits determined by the Company.

2.2. Upon joining the Loyalty Program, the Customer shall be entitled to participate in promotions announced by the Company.

2.3. The rules governing the use of the Loyalty Program, the benefits available to the Customer, and other material terms and conditions are set forth in the Terms and Conditions published on the Company’s website: www.tegetamotors.ge. The Company shall be entitled to amend the aforementioned rules at any time. Any such amendments shall be published on the same website at least 1 (one) month prior to their effective date and shall be binding upon all Customers participating in the Loyalty Program.

 

3. Delivery of Goods / Provision of Services

3.1. Upon the Customer’s request, a contractual relationship shall arise between the Customer and the Company, whereby the Company undertakes to provide services and/or deliver goods in accordance with the Customer’s request.

3.2. In the case of purchasing goods, the rules and conditions stipulated by this Agreement shall apply only where the purchase of goods is made at the Company’s premises, including its service centers or branches. If the Customer wishes to purchase goods from the Company remotely, the Customer may use the Company’s website: shop.tegetamotors.ge.

3.3. In the course of delivering goods/providing services, the Company shall use the telephone number provided by the Customer and recorded in the Customer database of the Company’s business process management system (SAP). Information concerning the delivery of goods/provision of services, including information regarding the Customer’s queue number, opened service application, issued invoice and warranty terms, shall be sent to such telephone number. The Customer has been informed of the foregoing and, by signing/confirming this Agreement, gives consent to such form of communication.

3.4. The Customer acknowledges that the Company shall not be liable for any items left or remaining by the Customer within the Company’s premises (including the repair area, showroom, service area, outdoor area and other areas), including items left inside a vehicle. Furthermore, the Company shall not be liable for the safety of a vehicle parked on the Company’s premises or for any damage/loss caused to such vehicle by third parties, including where the vehicle is damaged as a result of intentional or negligent acts of a third party, or as a result of natural events/force majeure circumstances, including hail, flooding, earthquake, fire, etc.

3.5. Following the provision of services and/or receipt of goods, the Customer shall immediately ensure that the vehicle is removed from the Company’s premises. If the Customer fails to remove the vehicle from the Company’s premises within 3 (three) business days following notification, including notification by telephone communication or SMS, the Company shall be entitled to charge the Customer a fee for the occupation of the Company’s premises in the amount of GEL 10 (ten) per 24-hour period, including VAT.

3.6. Following the provision of services and/or upon payment of the service fee, the Customer shall ensure the removal of the replaced spare parts belonging to the Customer from the Company’s premises. If the Customer fails to fulfill this obligation, the Company shall be entitled, at its own discretion, to dispose of the replaced spare parts, including by destroying them.

3.7. The Parties agree that the Customer shall take due care of the Company’s property and shall not damage any property owned or possessed by the Company. In the event of causing any damage, the Customer shall immediately ensure compensation for the damage caused.

3.8. The Customer acknowledges that, in the event of failure to pay for goods/services or any other payment due under this Agreement, the Company shall have a possessory pledge right over the Customer’s vehicle located on the Company’s premises, as provided for under the Civil Code of Georgia.

3.9. In the event of receiving goods/services, the Company shall be entitled to provide the Customer with a document confirming payment for the goods/services in printed form or send it electronically by SMS to the Customer’s telephone number registered in the Company’s customer database. The Customer shall be entitled, instead of receiving the document confirming payment electronically, to request a printed copy of such document.

3.10. Detailed information regarding service centers/branches providing goods replacement, repair and maintenance services is available on the Company’s official website: Company’s Branches and Service Centers.

 

4. Warranty

4.1. Statutory Warranty

4.1.1. New goods purchased by the Customer from the Company are covered by the two-year statutory warranty provided for under the Law of Georgia on the Protection of Consumer Rights. If the Customer discovers a defect in the goods within 6 months from the date of taking possession of the goods, it shall be presumed, until proven otherwise, that the defect existed at the time of delivery, provided that such presumption is possible considering the nature of the goods or the nature of the defect. In such case, the burden of proof shall lie with the Company. If the Customer discovers the defect more than 6 months after taking possession of the goods, the burden of proving that the defect existed at the time of delivery shall lie with the Customer.

4.1.2. If the Customer has been provided with a printed version of the document confirming payment for the goods/services, presentation by the Customer to the Company of such document or any other document evidencing payment shall be mandatory in order to exercise the applicable warranty rights. Otherwise, the warranty terms shall not apply to the purchased goods/services.

 

4.2. Commercial Warranty

4.2.1. Goods purchased and/or services received by the Customer from the Company are also covered by a commercial warranty, information regarding which shall be sent to the telephone number recorded in SAP by SMS. The applicable warranty terms are also published on the Company’s website: www.tegetamotors.ge.

 

5. Customer’s Rights

5.1. If the goods are found to be defective during the warranty period, the Customer shall have the right to request the Company to remedy the defect (free-of-charge repair or replacement of the goods, or a reduction in price) or to withdraw from the contract.

5.2. Repair and replacement of the goods constitute the Customer’s primary remedies. The Customer shall have the right to request the Company to repair or replace the goods free of charge, except where this is impossible due to the nature of the goods or would require disproportionate or excessively high costs.

5.3. The goods shall be repaired or replaced within a reasonable period of time, without causing significant inconvenience to the Customer, taking into account the nature of the goods and the purpose for which the Customer purchased them.

5.4. Free-of-charge repair or replacement of the goods means that the Company shall bear all costs, including postage, labor and material costs, necessary to ensure that the goods conform to the conditions stipulated in the contract.

5.5. The Customer shall have the right to request a reduction in the price of the goods or to withdraw from the contract if any of the following conditions applies:

a) repair or replacement of the goods is impossible;

b) the Company has failed to repair or replace the goods within a reasonable period of time and the Customer has lost interest in performance of the contract;

c) repair or replacement of the goods by the Company would cause significant inconvenience to the Customer.

5.6. If the Customer withdraws from the contract, the Customer shall have the right to request compensation for damage caused by non-performance of the contract in accordance with the procedure established by the legislation of Georgia.

5.7. The Customer shall not have the right to withdraw from the contract if the defect in the goods is minor.

 

6. Rights Arising from the Service Agreement

6.1. The Company shall be obliged to provide the Customer with services that comply with the terms stipulated by the service agreement.

6.2. In the event of a delay beyond the period stipulated by the contract or discovery of a defect, the Customer shall grant the Company a reasonable additional period for provision of the service/remedying of the defect, except where this is impossible due to the nature of the service or would require disproportionate or excessively high costs.

6.3. If the additional period expires without result, the Customer shall have the right to:

a) engage another person to provide the service or remedy the defect at the Company’s expense;

b) request an adequate reduction in the service price;

c) withdraw from the contract and request compensation for damages in accordance with the procedure established by the legislation of Georgia.

6.4. Granting an additional period shall not be mandatory where it is evident that it would have no effect or where the Customer made performance of the contract conditional upon receiving the service within the stipulated timeframe.

6.5. If the Company fails to commence the provision of services in a timely manner or the service process is unreasonably delayed, making it impossible to provide the service within the agreed timeframe, the Company shall not be entitled to claim reimbursement of expenses incurred during the service process or payment for the services rendered if the Customer has lost interest in partial performance of the contract.

6.6. The Customer shall be entitled to exercise the rights provided for under Articles 17–19 of the Law of Georgia on the Protection of Consumer Rights if a defect in the goods is discovered within 2 years from the date the goods were transferred to the Customer.

 

7. Customer’s Representations and Warranties

7.1. By signing/confirming this Agreement, the Customer confirms that:

a) the Customer is at least 18 years of age;

b) the Customer has full (unrestricted) legal capacity, is not under the influence of narcotic, alcoholic, psychotropic or toxic substances, is not under the influence of mistake, fraud, pressure, threat or any other unlawful influence, and is not an object of violence, threat, deception, misleading or any other prohibited act; the Customer fully understands the content of his/her expression of will, the substance of this Agreement and the legal consequences arising therefrom;

c) the Customer has full authority to perform the obligations stipulated by these Terms and Conditions or by any other agreement or application;

d) the Customer has read and reviewed the Terms and Conditions and accepts them;

e) all information provided by the Customer is accurate;

f) the Customer is not engaged in or participating in any unlawful activity under the laws of any jurisdiction, including the legislation of Georgia and the legislation of the country of which the Customer is a citizen, including money laundering, arms trafficking, terrorism or any other unlawful activity;

g) the Customer’s actions are not and shall not be aimed at deceiving the Company. In accordance with this principle, any document and/or information submitted by the Customer to the Company for the purpose of entering into or performing this Agreement or any other agreement shall be true, accurate and complete as of the time of its submission. The Customer shall immediately notify the Company in writing of any circumstance that may contradict the foregoing representations and/or result in a breach of these warranties;

h) the Customer shall perform the obligations undertaken under the Terms and Conditions in good faith, fully and properly;

i) any breach of the Customer’s representations, warranties and obligations following the conclusion of the Agreement shall constitute sufficient grounds for the Company to unilaterally refuse to provide all or any of the services contemplated by the Agreement and the Terms and Conditions.

 

8. Final Provisions

8.1. By signing/confirming this Agreement, the Customer consents to being registered by the Company in the customer database of the Company’s business process management system (SAP). Such registration entails recording in the electronic system the personal data of the Customer specified in this Agreement. Documents prepared by the Company in connection with the Customer’s purchase of any goods and/or services from the Company and stored in the Company’s business process management system (SAP) shall have legal force.

8.2. By signing/confirming this Agreement, the Customer authorizes the Company to communicate with the Customer by means of SMS, e-mail, telephone calls or notifications in material form.

8.3. By signing/confirming this Agreement, the Customer confirms that he/she has reviewed the terms of the Agreement in detail and consents to the application of the terms stipulated herein in the course of the Customer’s relationship with the Company. If the relationship between the Customer and the Company is regulated by another agreement, in the event of any discrepancy between the special terms stipulated in such agreement and the terms of this General Agreement, the special terms shall prevail.

8.4. The Personal Data Processing Terms and Conditions constitute an integral part of this Agreement.

8.5. This Agreement shall enter into force on the date of its signing/confirmation and shall remain valid for an indefinite period.

8.6. Upon signing/confirmation of this Agreement, any agreement of any kind previously entered into between the Parties concerning the subject matter of this Agreement shall cease to have effect.

8.7. This Agreement is executed in 2 (two) counterparts of equal legal force, one counterpart for each Party. The Parties further agree that the standard terms of the General Agreement are published in electronic form on the following website of Tegeta Motors LLC: www.tegetamotors.ge.

 

PERSONAL DATA PROCESSING TERMS AND CONDITIONS

1. Purpose and Legal Grounds for Processing Personal Data

1.1. Within the scope of its competence and in accordance with the applicable legislation, the Company shall ensure the processing and protection of the Customer’s personal data.

1.2. The Company processes the Customer’s personal data for the following purposes:

  • participation of the Customer in the Loyalty Program;

  • delivery of goods ordered by the Customer/provision of services;

  • direct marketing, subject to the Customer’s consent;

  • other purposes provided for by the legislation of Georgia.

1.3. Personal data shall be processed where one of the following legal grounds for processing exists:

a) the data subject has given consent to the processing of his/her data for one or more specific purposes;

b) processing is necessary for the performance of an agreement concluded with the data subject or for taking steps at the request of the data subject prior to entering into an agreement;

c) processing is provided for by law;

d) processing is necessary for the Company to perform duties imposed upon it by the legislation of Georgia;

e) the data is publicly available or has been made publicly available by the data subject;

f) processing is necessary to protect the important legitimate interests of the Company or a third party, except where the overriding interest in protecting the rights of the data subject, including a minor, applies;

g) processing is necessary for considering an application submitted by the data subject and/or for providing services to the data subject.

1.4. By entering into the General Agreement with the Company, the Customer, as a data subject, gives consent and authorizes the Company to store and process his/her personal data, namely: first name, last name, personal identification number, telephone number, legal and actual address, gender, e-mail address, and information/data concerning the vehicle owned by the Customer.

 

2. Rights of the Data Subject

2.1. The data subject shall have the right to request the Company to confirm whether data concerning him/her is being processed, whether such processing is legally justified, and, upon request, to receive the following information free of charge:

a) information regarding the data concerning him/her that is being processed, as well as the legal basis and purpose of such processing;

b) information regarding the source from which the data was collected/obtained;

c) information regarding the data retention period or, where it is impossible to determine a specific period, the criteria used to determine such period;

d) information regarding the rights of the data subject provided for by law;

e) information regarding the legal basis and purposes of data transfer, as well as appropriate data protection safeguards, where data is transferred to another state or an international organization;

f) information regarding the identity of the recipient of the data or categories of recipients, including information regarding the basis and purpose of the transfer, where data is transferred to a third party;

g) information regarding a decision resulting from automated processing, including profiling, and the logic used to make such decision, as well as the impact of such processing on the data subject and the expected/probable consequences of the processing.

 

2.2. The data subject shall have the right to receive the information referred to above no later than 10 business days following submission of the request. In exceptional cases, upon appropriate justification, this period may be extended by no more than 10 business days, of which the data subject shall be notified immediately.

2.3. The data subject shall have the right to access the personal data held by the Company concerning him/her and to receive copies of such data free of charge, except where a fee is provided for under the legislation of Georgia or where the controller has established a reasonable fee due to the resources required to provide the data in a form different from the form in which it is stored and/or due to the frequency of requests.

2.4. The data subject shall have the right to access such data and/or receive copies thereof no later than 10 business days following submission of the request, unless another period is established by the legislation of Georgia. In exceptional cases, upon appropriate justification, this period may be extended by no more than 10 business days, of which the data subject shall be notified immediately.

2.5. The data subject shall have the right to request the controller to correct, update and/or supplement inaccurate, incorrect and/or incomplete data concerning him/her. No later than 10 business days following submission of such request, unless another period is established by the legislation of Georgia, the data shall be corrected, updated and/or supplemented, or the data subject shall be notified of the grounds for refusal and informed of the procedure for appealing such refusal.

2.6. If the controller independently identifies that the data held by it is incorrect, inaccurate and/or incomplete, such data shall be corrected, updated and/or supplemented within a reasonable period, and the data subject shall be notified thereof within 10 business days following correction of the data.

2.7. The data subject shall have the right to request the controller to cease processing, erase or destroy data concerning him/her, including profiling. No later than 10 business days following submission of such request, unless otherwise provided by the legislation of Georgia, the processing shall be terminated and/or the data shall be erased or destroyed, or the data subject shall be notified of the grounds for refusal and informed of the procedure for appealing such refusal.

2.8. The controller shall be entitled to refuse to satisfy the request provided for in Clause 2.7 if:

a) any of the legal grounds for data processing provided for by law exists;

b) the data is processed for the purpose of substantiating a legal claim or defense;

c) processing is necessary for exercising the right to freedom of expression or information;

d) the data is processed for archiving purposes in the public interest, or for scientific or historical research or statistical purposes provided for by law, and exercising the right to terminate processing, erase or destroy the data would make it impossible or significantly impair the achievement of the purposes of processing.

 

2.9. The data subject shall have the right to receive information regarding the termination, erasure or destruction of data immediately upon completion of the relevant action, but no later than 10 business days.

2.10. The data subject shall have the right to request the Company to block the data where any of the following circumstances exists:

a) the data subject disputes the authenticity or accuracy of the data;

b) the processing of the data is unlawful, but the data subject objects to its erasure and requests blocking of the data;

c) the data is no longer necessary for achieving the purpose of processing, but the data subject needs it for submitting a complaint or claim;

d) the data subject has requested termination, erasure or destruction of the data and consideration of such request is ongoing;

e) retention of the data is necessary for its use as evidence.

 

2.11. The data subject shall have the right to withdraw his/her consent at any time, without providing any explanation or justification. In such case, upon the data subject’s request, processing of the data shall be terminated and/or the processed data shall be erased or destroyed no later than 10 business days following the request, unless another legal ground for processing exists.

2.12. The data subject shall have the right to withdraw consent in the same form in which the consent was given.

2.13. Prior to withdrawing consent, the data subject shall have the right to request and receive information from the controller regarding the possible consequences of withdrawing consent.

 

3. Consent to the Processing of Personal Data for Direct Marketing Purposes

3.1. By signing/confirming this document, the Customer confirms that the Company has informed the Customer that, in order for the Company to process the Customer’s personal data for direct marketing purposes, the Customer’s voluntary and informed consent to such processing is required.

3.2. The Customer acknowledges that, regardless of whether the Customer gives consent to the processing of his/her personal data for direct marketing purposes, the Customer shall receive services/goods from the Company without restriction and shall participate in the Loyalty Program.

3.3. In view of the foregoing, by signing/confirming this document, the Customer gives his/her voluntary and informed consent for the Company to process his/her personal data for direct marketing purposes, including for the purpose of conducting customer satisfaction surveys, specifically to provide the following information:

  • reminders regarding scheduled services, information regarding the working hours and availability of branches and service centers;

  • information regarding existing offers and promotions, including information about products and services available from the Company and promotions and planned/current events;

  • information regarding participation in surveys necessary to determine the level of customer satisfaction, within the framework of which the Customer may participate in direct marketing research for the purpose of determining the level of customer satisfaction. In such case, the Customer consents to the processing of the telephone interview in accordance with the Law of Georgia on Personal Data Protection and to the use of the audio recording, where necessary, for the purpose of researching customer satisfaction;

  • other marketing communications.

3.4. The Customer consents to the Company providing information to the Customer and/or enabling the Customer to participate in customer satisfaction surveys through any of the following means of telecommunications:

  • receiving information/participating in surveys via SMS;

  • receiving information/participating in surveys via telephone calls;

  • receiving information/participating in surveys via e-mail.

3.5. The Customer confirms that he/she consents to the use of his/her personal information for the purpose of registration in the customer database and for use in the Company’s business activities, for the period determined by the Company’s internal regulatory documentation or until the Company receives other instructions from the Customer.

3.6. The Customer is aware that the Company is obliged to cease processing personal data for direct marketing purposes within a reasonable period following receipt of the data subject’s respective request, but no later than 7 business days.

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