Terms and Conditions

The following terms and conditions constitute a legally binding contract concluded between the user and "Boygars" LLC (I/N: 402239662), regulating the terms of use of the website by the user.

The company respects each user’s visit to its controlled website and the interest that the user shows in the information placed on the website. In line with this, the company takes responsibility to protect the user's interests and the security of the information provided to it.

Simultaneously, "Boygars" LLC (I/N: 402239662) declares that it will use the personal data received from the user legitimately, to achieve the goal specified in the confidentiality policy.

When purchasing on Boygars.com website, it is mandatory for the user to agree to these terms and conditions and the confidentiality policy; otherwise, the user will not be able to use the Boygars.com website. "Boygars" LLC (I/N: 402239662) is entitled at any time unilaterally, by reference to the same terms and conditions, to make changes to these conditions for the user without further additional consent.

 By agreeing to these terms and conditions (checking the "I agree to the terms" box), the user confirms that he/she wants to use the service offered by the company.

 Please read these terms and conditions carefully before making a purchase.

Definition of terms

Managing Company/Company/Seller - „Boygars“ LLC (I/N: 402239662) (Limited Liability Company registered in accordance with the legislation of Georgia, date of registration: 23/09/2022) having its registered office at Georgia, Tbilisi, Didube district, Davit Agmashenebeli Avenue, N 129a, office N4, +3 floor, Actual address: Georgia, Tbilisi, Didube district, Davit Agmashenebeli Avenue, N 129a, office N4, +3 floor, E-mail: E-commerce@boygars.com; hotline: 032 2 192619.

Website-The website operated by the company Boygars.com and its subdomains.

User-A natural person who is considered to be of legal age under the law of the relevant state.

Parties - managing company and customer.

Personal account (profile) - account/personal page registered by the user on the company's website.

Registration - a special procedure a user has to go through on the website to create an account in order to receive the service.

Authorization - The access granted by the user to the personal account in these terms and conditions.

Operation - any action performed by the user in relation to his account and/or personal page.

Personal data (data) – any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, including by his/her name, surname, identification number, location data and electronic communication identifiers, or by physical, physiological, mental, psychological, genetic, economic, cultural or social characteristics.

Trade Facility/Business premises- any movable or immovable facility where a trader carries out its commercial practice on a usual basis.

Terms of Use- The rules for using the Company's website set forth in these terms and conditions.

Agreement - a legally binding agreement entered into between the parties for the purpose of using this website, which includes these terms and conditions and the confidentiality policy.

1. Statements and Warranties:
   
   1.1. By registering on the website Boygars.com, the user declares and guarantees that he/she:
   1.1.1. Is a legal entity registered in accordance with the legislation and/or a natural person who has reached the age of 18 years and is considered to be an adult according to the legislation of the relevant state;
   1.1.2. Has the legal authority to fulfill its obligations under these terms and conditions;
   1.1.3. Has familiarized oneself with these terms and conditions and will take all necessary measures to comply with them;
   1.1.4.  Ensures the accuracy of the information in his/her personal account and its updating. The company will not be responsible for the damage caused by the non-fulfillment of the said obligation by the user;
   1.1.5.    Assumes full responsibility for any actions taken under its account;
   1.1.6.    His actions do not violate the rights and freedoms of others;
   1.1.7.    Will always keep his/her personal account (profile) access codes safe and never disclose them to third parties. However, due to security, the company recommends the user to choose a complex password, consisting of numbers, various symbols and letters, and to update it periodically.
   1.1.8.    Assumes full responsibility for any action taken on his account. In the case of a person accessing a user account under the name and direction of another person, it is assumed that the company has sufficient authority to impose certain obligations on the user. The company is not responsible for any damage caused by a third party accessing the user's account.
   1.1.9.    Will not carry out such an action that would endanger the proper functioning of Boygars.com website.
   1.1.10.    Will not take any action that is prohibited by applicable law, these Terms and Conditions, and the Boygars.com Confidentiality Policy.
   1.1.11.    Will protect the confidentiality of the information specified during registration on the website.
   1.1.12.    By opening a personal account (profile) he/she does not violate any law, regulation or the rights of third parties. He/She shall be obliged to protect the interests of the Company and to indemnify the Company for any damage caused by the user's failure to comply with the requirements of the preceding paragraph (if any).
   1.1.13.    Is a person with full capacity and acts on the basis of free will and is not under the influence of alcohol, narcotic, psychotropic or any other drug that excludes the exercise of his free will. The user also confirms that he has not been subjected to any unlawful acts, such as threats, pressure, violence, etc., and he is fully aware of the content of his will and the legal consequences arising from it. Do not violate the rights of others by doing anything illegal or harmful.
   1.1.14.    Is not engaged in or participating in any illegal activity (including money laundering, arms trafficking, terrorism or any other illegal activity) under the laws of any jurisdiction (which includes the laws of Georgia and the laws of the country of which the consumer is a national).
   
   2.    Registration/Authorization Rules
   
   2.1.    In order to purchase goods placed on the website operated by the company, the customer is required to register/authorize on the Boygars.com website.
   2.2.    Registration on the website is carried out by indicating the mobile phone number, which after confirming the mobile number with the code sent, the user is obliged to indicate his/her name, surname, date of birth, gender and email address. By clicking on the "Register" button, the user's account is considered to be registered on the Boygars.com website.
   2.3.    To complete the registration/authorization, the user must agree to the terms and conditions of use of the Website and agreement regarding the rules of sale.
   2.4.    The user's registration on the website can be carried out at the trading facility/business premises of the managing company when the customer opens the loyalty card.
   2.5.    The user is authorized to register on the website by contacting the managing company at the e-mail address: E-commerce@boygars.com/info@boygars.com. After confirming the number with the code sent to his/her phone number, the user is considered to be registered on the website.
   2.6.    In order to use the website in the future, the user is required to pass an authorization. The choice of the desired method of authorization is made by the user on the personal account.
   2.7.    Authorization on the Boygars.com website can be done by the following methods: by entering a password and/or an SMS code sent to a mobile phone number.
   2.8.    Please note that the user is entitled to view the goods on the Boygars.com website even without registering.
   2.9.    Please note that in some cases, in order to complete the registration process on the website, the user may additionally need to enter the so-called "captcha", which is a combination of Latin letters and numbers shown in the image.
   
   3.    The type of service and conditions
   
   3.1.    The managing company, “Boygars” LLC (I/N 402239662) allows customers to purchase goods offered by the company on its operating website Boygars.com, under the conditions defined by the latter.
   3.2.    In addition to the services defined in clause 3.1 of this Agreement, Boygars.com also offers the customer the possibility of booking the desired goods, whereby the customer is entitled to select the desired goods for him/her and pay the price at the trading facility/ Business premises of the managing company, while taking out the goods. It is mandatory to present the reservation code to check out the goods.
   3.3.    The reservation period is 24 (twenty-four) hours, starting from the time the customer confirms the reservation. For the purposes of this Agreement, the time of confirmation of the order for goods is considered to be the confirmation of the order details received by the user by e-mail and/or SMS to the mobile number.
   Note: Please note that initially, the purchase of goods on the website Boygars.com will be possible by making a reservation only by customers with the loyalty card of the managing company.
   3.4.    The price of the goods on the website is given in GEL. The managing company is authorized to periodically update the value of the goods placed on the website. The change in the value of the goods will not be applied to orders already placed.
   3.5.    The customer has the ability to view the purchased goods at any time in the personal account.
   
   4.    Payment of value
   
   4.1.    The customer is authorized to pay the value of the goods with a card issued by licensed commercial banks, by clicking on the "payment" button the user is transferred to a new page, where the identification data of the card is indicated directly to the tax service provider, as a result of which the card identification data is not accessed by the company "Boygars" LLC and the customer is not charged a commission.
   4.2.    The customer can also pay the cost of the goods through Apple Pay and Google Pay according to the rules set out in Article 4.1.
   4.3.    The payment is considered to be completed only after the amount is reflected in the company's system.
   4.4.    The detailed conditions of the goods are given in the description of each product, with which the costumer is obliged to get acquainted before purchasing the goods.
   4.5.    “Boygars” LLC offers to deliver goods to the customer. The delivery service operates worldwide and for the smooth use of the service, the customer is obliged to indicate his address in the corresponding column, which is processed by the website only before the goods are transferred to the customer.
   Note: Please note that due to the policy of the companies that the managing company has a contractual relationship with, it may not be possible to deliver the goods to some addresses. In such a case, the managing company will ensure the refund of the amount paid to the customer within 14 (fourteen) working days.
   4.6.    Delivery of goods are carried out worldwide within 4-10 working days.
   4.7.    In case of a claim related to the supply of goods purchased on the website, the costumer is entitled to exercise the rights granted to him/her by the legislation of Georgia.
   
   5.    Account cancellation
   
   5.1.    Users are entitled to cancel their personal account on Boygars.com at any time, for which it is necessary to contact the managing company at the email address and/or hotline number.
   5.2.    After the cancellation of the registration, the personal data provided by the customer to “Boygars” LLC is deleted, and the managing company is authorized to store only the history of purchases made by the customer with a personal account for a period of 3 (three) years under certain legal grounds of processing personal data.
   5.3.    In case of violation by the user of the statements and warrants defined in this agreement, “Boygars” LLC is authorized to block the user's account on the Boygars.com website, about which the user is informed in advance by sending a message to the email address specified on the website 2 (two) days before. When a user's personal account is blocked by the managing company, the user is prevented from accessing and performing actions on the website.
   5.4.    The managing company has the right to cancel the user's account on the website Boygars.com, if no activity is carried out from the user's account within 2 years of registration.
   5.5.    In the case specified in Article 5.3 of this Agreement, the Managing Company shall send the User a notice of the expected cancellation of the account 2 (two) days before the expected cancellation of the account to the email address specified on the Website.
   
   6.    Powers and Responsibilities of the Company
   
   6.1.    The company shall not be liable for any damage caused to the Customer and/or third parties on the basis of incorrectly information/document by a Customer.
   6.2.    In the event of a breach of the rules and conditions governing the use of the website, the managing company reserves the right to suspend the user's account in question.
   6.3.    The Company hereby disclaims any liability to itself or to any of its employees for any alleged violation of this document or applicable law by a user.
   6.4.    The company absolves itself of any liability for damages resulting from negligence, as well as in instances where the information required for user authorization has been disclosed to a third party.
   6.5.    The company is obligated to adhere strictly to these regulations.
   6.6.    The company holds no responsibility for the security of the card identification data provided by the user.
   6.7.    The company bears no responsibility in instances where, due to technical issues or temporary failures, customers are unable to purchase desired goods.
   6.8.    The Company shall not be held liable in the event that the non-fulfillment or partial fulfillment of its obligations is caused by force majeure events, including but not limited to, fires, explosions, accidents, epidemics, pandemics, floods, and other unforeseeable circumstances beyond its control.
   6.9.    The company reserves the right to unilaterally modify the rules governing the purchase and/or settlement of goods at its discretion.
   6.10.    The managing company is obligated to deliver the goods to the customer in accordance with the terms outlined in the contract.
   6.11.    The goods shall be considered in conformity with the terms of the contract if they align with the description provided by the managing company to the customer and possess the same characteristics as the samples of the goods provided by the managing company to the customer.
   6.12.    In the event that no description is provided by the managing company to the customer, the goods shall be considered in conformity with the terms of the contract if they are fit for the purpose specified by the customer to the managing company at the time of contract conclusion, and which the managing company has accepted.
   
   7.    Costumer rights
   
   7.1.    If the goods turn out to be defective, a costumer shall have the right to request from a managing company that it eradicate the defect (repair or replace the goods free of charge, or reduce the price) or withdraw from the contract.
   7.2.    The right to repair and replace the goods is a top priority right of a costumer. A costumer shall have the right to request the managing company to repair or replace the goods free of charge within 2 (two) years of the purchase of the item, except for the case where it is impossible to do so due to the nature of the goods, or where it requires disproportionately or unreasonably high costs and/or did not have a defect when purchasing the goods.
   7.3.    To exercise the rights outlined in clause 7.2 of this Agreement, the costumer is required to contact the managing company via email at E-commerce@boygars.com, or alternatively, to visit the trading facility/Business premises operated by the managing company.
   7.4.    The goods purchased by the costumer are eligible for repair or replacement only upon confirmation of the existence of a material defect in the purchased goods by an expert opinion recognized by the managing company.
   7.5.    According to the expert opinion of the managing company, in the event of confirming the existence of a defect at the time of purchase, "Boygars" LLC will facilitate the repair of defective goods, and if repair is not feasible, its replacement.
   7.6.    Goods shall be repaired or replaced within a reasonable time in order to not adversely affect a costumer, taking into account the nature and the intended purpose of purchasing such goods.
   7.7.    The repair or replacement of goods free of charge shall include the payment of all costs by managing company (including postal charges, expenses related to the work force and materials) necessary to ensure the compliance of the goods with the conditions provided for by the contract.
   7.8.    A costumer shall have the right to request the reduction of the price of goods or to withdraw from a contract if one of the following conditions exist:
   a)    the goods cannot be repaired or replaced;
   b)    Managing company failed to repair or replace the goods in a reasonable time and the costumer has lost interest in the performance of the contract;
   c)    The costumer will be adversely affected if the managing company repairs or replaces the goods.
   7.9.    The customer possesses the right, upon withdrawal from the contract, to request a refund of the amount paid, provided that a document or receipt confirming the payment to the managing company is presented.
   7.10.    In the event of withdrawal, the refunded amount will be processed using the same payment method employed by the customer, unless an alternative payment method is agreed upon by the customer.
   7.11.    A costumer shall not have the right to withdraw from a contract if the defects of the goods are insignificant.
   7.12.    When determining the level of non-proportionality or inadequacy of costs, the following conditions shall be taken into account:
   a)    The price of goods or services in the case of their compliance with the conditions provided for by the contract;
   b)    The degree of non-compliance with the conditions provided for by the contract of goods or services;
   c)    Alternative means of rectifying defects of goods without adversely affecting a costumer.
   
   8.    The responsibility of the parties
   
   8.1.    Each party shall reserve the right to demand from the other party the full, faithful, and good faith performance of their respective obligations.
   8.2.    The parties agree to indemnify each other for any damages resulting from the complete or partial non-performance or unreliable performance of their respective obligations as outlined by the legislation. It is understood that compensation for damages shall not relieve the parties from fulfilling their current obligations.
   
   9.    Return Policy Exceptions regarding the withdrawal from a contract without specifying any grounds
   
   9.1.    According to article 13 of a law of Georgia “On the Protection of Consumer Rights” costumer shall have the right to withdraw from a distance contract and/or an off-premises contract within 14 calendar days without giving any reason, except for cases when:
   9.1.1.    Managing company has delivered the service provided for in the contract in full, it has started to deliver the service with the prior consent of the costumer and with the acknowledgement from the costumer that he/she will lose his/her right of withdrawal once the contract has been fully performed by the managing company;
   9.1.2.    the contract provides that the price of the delivered goods or services depends on current fluctuations in the financial market that are beyond the control of the managing company and that arose within the period determined by this Law for exercising the right of withdrawal from the contract;
   9.1.3.    the delivered goods or services are made to the customer's specifications or are clearly personalized;
   9.1.4.    This period shall start: a) from signing the contract, in the case of service contracts; b) from acquiring physical possession of goods by a consumer or a third party designated by the consumer (except for a carrier), in the case of sales contracts; c) from acquiring physical possession of the last part of goods by a consumer or a third party designated by the consumer (except for a carrier), where an order for delivery in parts is made by the consumer; d) from acquiring physical possession of the first part of goods by a consumer or a third party designated by the consumer (except for a carrier), in the case of a contract for the regular delivery of goods (with a specified periodicity).
   
   10.    Return Policy
   
   10.1.    The customer is entitled to submit a request for the return of the purchased item within 14 calendar days from the date of delivery. This period commences from the moment the goods are transferred to the customer. After this period elapses, the customer forfeits the right to request a return. To initiate the return process, the customer must complete a return form, which can be downloaded from our website and submitted via email to: E-commerce@boygars.com.
   10.2.    In the event of withdrawal from a contract the costumer shall: a) the customer shall return the goods to the managing company or to a third party designated by it, in their original factory condition and in the state of sale, immediately after sending the notification of withdrawal from the contract, but no later than 7 calendar days thereafter; b) bear only direct costs related to the return of the goods.
   10.3.    If the characteristics of the item do not correspond to the data specified on the website, or if the item exhibits an original defect as confirmed by the expert conclusion of the managing company, the return of the goods will be facilitated by the managing company through its resources.
   10.4.    The customer is required to return the item in its entirety, along with all accompanying documents.
   10.5.    The managing company is obligated to refund the amount paid by the customer within 14 calendar days upon receiving the return notification of the item. The managing company reserves the right to withhold the refund until the goods are returned or until it receives a document from the customer confirming the shipment of the goods, whichever occurs earlier.
   10.6.    Payment shall be processed using the same method of payment utilized by the customer, unless an alternative method of payment is agreed upon by the customer.
   10.7.    The termination of the distance contract by the company automatically leads to their withdrawal from the associated contract and the restoration of the previous status.
   10.8.    The parties to a distance contract are relieved of their obligations under said contract, with the exception of the right to terminate the contract without providing any reasons.
   
   11.    Confidentiality policy
   
   11.1.    The Confidentiality Policy is available as an attached file on the Boygars.com website controlled by the company.
   11.2.    The Confidentiality Policy deals with unauthorized access to personal data and the company's mechanisms through which the company ensures the protection and processing of your personal data.
   11.3.    By registering on the Boygars.com website and agreeing to these terms and conditions, the user confirms that he/she has read and agreed to the confidentiality policy and the terms and conditions of the company's website.
   11.4.    Upon registering on the Boygars.com website and consenting to these terms and conditions, the user confirms having read and accepted both the privacy policy and all terms of use governing the company's website.
   
   12.    Validity period and termination procedure
   
   12.1.    These terms and conditions, along with their appendices, and any amendments thereof, remain valid until the user's account is deactivated.
   12.2.    The validity of this document may be terminated in accordance with the provisions stipulated by the legislation of Georgia and/or this regulation, as well as at the discretion of the user at any time, following the complete settlement of any outstanding debts (if applicable) to the company at the time of termination.
   
   13.    Regulatory legislation
   
   13.1.    These terms and conditions is governed and interpreted in accordance with the laws of Georgia.
   13.2.    Any dispute raised between the parties must be resolved through negotiations, and in case of failure to reach an agreement, the case will be considered by the Tbilisi City Court.
   
   14.    Final Provisions
   
   14.1.    The invalidity of any clause of these Terms and Conditions shall not result in the invalidity of the entire Terms and Conditions.
   14.2.    These Terms and Conditions, together with other related documents, constitute the single and entire agreement regarding the website and/or Services and supersede all prior and concurrent communications, understandings, written or oral representations and warranties related to the website and/or Services.
   14.3.    The Company is entitled at any time unilaterally, by publication on the website, to make changes to this Agreement and the Confidentiality Policy without further additional consent of the user. Continued use of the website and Services after the above-mentioned changes will be deemed as acceptance of the changes to the User Agreement.
   14.4.    The user is entitled to terminate the validity of these terms and conditions at any time within 10 (ten) calendar days from the posting of information in the company's website based on a written notification to the company.
   14.5.    Matters that are not covered by these terms and conditions are governed by the laws of Georgia.
   14.6.    To fix any issue, the user can contact the company's customer service center at the number 032 2 192619 or contact the company by sending an email to the e-mail address E-commerce@boygars.com.