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Terms and Conditions
These Terms and Conditions constitute a binding agreement between you and “eMoters” LTD (hereinafter referred to as “Emoty”) and govern your use of the “Emoty” App.
Personal information that “Emoty” obtains from you of from third parties is processed in accordance with the Privacy Policy defined in these Terms and Conditions.
By agreeing to the “Emoty” Terms and Conditions of Use, you also agree to the “Emoty” Privacy Policy.
By agreeing to the “Emoty” Terms and Conditions of Use, you also agree to the “Emoty” Product Return and Exchange Policy.
By agreeing to the “Emoty” Terms and Conditions of Use, you also agree to the “Emoty” Delivery Policy.
Whereas it is the User’s desire to open a personal account on the platform (App) operated by Emoty, the parties agree to enter into an agreement underlying the open, use an account by the User, selling the product(s)/ services placed by partner companies, also delivery of the product to the User/ Addressee by “Emoty” a partner or other transportation company, with the mediation of “Emoty” payment of fees by the User, as well as closing an account.
Please read these Terms of Use carefully before using the App.
All users who wish to use the Emoty platform are obliged to agree to and follow the terms and conditions given below. The administration of “Emoty” reserves the right, to unilaterally make amendments to these conditions at any time, by publication in the same App without further additional consent of the User.
The “Emoty” data are:
“eMoters” LTD, which is registered and operates in accordance with the legislation of Georgia, identification number 405420030, registered address: Georgia, Tbilisi, Vake district, Avto Varazi Str. N89. Business name: “Emoty”.
Data of “partners”, information about their products and services will be available through “Emoty” App.
1.1. The terms and definitions applied in these Terms and Conditions shall have the meanings set forth below, unless the context explicitly indicate otherwise:
1.1.1. “Emoty” – “eMoters” LTD ID/N 405420030, registered address: Georgia, Tbilisi, Vake district, Avto Varazi Str. N89.
1.1.2. “Emoty App” – an electronic gift application intended for individuals and legal entities to order a product/ gift from the “Emoty” partner.
1.1.3. Partner – a company with which “eMoters” LTD has signed a service agreement and which offers its products and delivery service (if any) to the User through the Emoty App.
1.1.4. Account – means the account registered by the User in the App.
1.1.5. Authorization – means access to the User’s personal account and includes any action defined in Article 4 of these Terms and Conditions.
1.1.6. User- any person meeting the requirements set forth in these Terms and Conditions and using the “Emoty” App.
1.1.7. Addressee- any person for whom the User orders a product (gift).
1.1.8. Parties- means “Emoty” and its users.
1.1.9. Agreement- the agreements signed between the users and “Emoty”, which includes these Terms and Conditions and its annexes, if any.
1.2. Where the context allows, words denoting the singular shall mean the plural and vice versa.
2.Representation and warranties
2.By agreeing to these Terms and Conditions, the User confirms that:
2.1. The person must be physically capable, at least 18 (eighteen) years old, or meet the eligibility criteria defined in the legislation of Georgia for a legal entity.
2.2. The User has full authority (or will obtain appropriate authority) to sign and perform the obligations under these Terms and Conditions or under any other agreements and representations.
2.3. Has familiarized himself/herself with these Terms and Conditions and these Terms and Conditions are acceptable to him/her.
2.4. All date presented by him/ her is accurate.
2.5. The User is not engaged in or does not participate in any illegal activity (including money laundering, illegal arms trade, terrorism, or other illegal activities) prescribed by the laws of any jurisdiction (which includes the laws of Georgia and the laws of the User’s citizenship country).
2.6. At the time of opening the personal account and for the entire period of validity of the agreement, his/her activities and/ or actions are/ will be in compliance with local and/ or international legislation.
2.7. His/ Her action is not/ will not be aimed at deceiving Emoty and/ or any third party. Taking into account the mentioned principle, the document and/ or information submitted by him/ her to Emoty for entering into the agreement or based on it and for its execution is/ will be true, accurate, and complete at the time of its presentation.
2.8. He/ she will conscientiously, completely, and duly fulfill the obligations assumed under the Terms and Conditions.
2.9. Consents that Emoty may search/ verify and process any information, including personal information, provided by or related to the User after opening of the personal account, until termination of the agreement.
2.10. The User shall immediately notify Emoty in writing of any circumstance(s) that may conflict with its started representations and/ or cause a breach of mentioned warranties.
2.11. Emoty enters into the agreement based on the representations, warranties and obligations contained in these Terms and Conditions and considers them to be the terms of the agreement. Thereafter, after the conclusion of the agreement, violation of the representations, warranties and obligations provided for in this article is a sufficient reason for Emoty to unilaterally refuse to provide all or any of the services provided for in the agreement and Terms and Conditions.
3.Opening and using a User’s account.
3.1. Rules for using services by the User:
3.1.1. For the use of Emoty services by the user:
3.1.2. In order to use Emoty services:
3.2. The User must always keep his/ her personal account access codes safe and never disclose them to third parties.
3.3. The User assumes full responsibility for any actions performed under his/ her account. If a person accesses the User’s account on behalf of and according to instructions of other person, it is assumed that she/ he has sufficient authority to impose certain obligations on the User. “Emoty” fully disclaims responsibility for any loss caused by third party’s access to the User’s account.
3.4. The User is obligated to change his/her password and immediately contact the “Emoty” users’ services center if the User has reasonable suspicions that the information, password, or other security access code(s) or means of access to his/her personal account have been stolen, lost, illegally misappropriated, misused or otherwise appropriated. Failure to comply with the aforementioned obligation will endanger the security of the User’s personal account and will result in his/ her liability for any loss/ damage.
3.5. By opening a personal account, the User represents and warrants that she/he does not violate any laws or regulations by opening a personal account. He/ she is obliged to protect the interests of “Emoty” and to compensate “Emoty” for all damages caused to “Emoty” as a result of the User’s violation of the requirements set forth in this clause.
3.6. This User is obligated to ensure the accuracy of the information given in his/her personal account and its updating. “Emoty” will not be responsible for any damage caused by the User’s failure to fulfill the mentioned obligation. “Emoty” is entitled to request from the User the confirmation of the accuracy of information or presentation of documents or other evidences at any time;
4.1. The User selects the desired product category in the App, subsequently, he/ she is allowed to filter the data according to the desired price category, product characteristics and/ or other offered data.
4.2. By clicking the “Confirm” button, the User selects and places the desired product in his/her cart.
4.3. After placing the product in the cart, the User will be redirected to the payment page, where services fees for various services may be added to the product price.
4.4. The User/ addressee will be able to receive the purchased product according to the predetermined delivery service rules or receive the service at the partner’s facility.
4.5. The User has the right to return the purchased product in accordance with the attached Return and Exchange Policy.
4.6. The company is entitled to unilaterally cancel the transaction made by the User, at its discretion.
4.7. If the Company cancels the transaction made by the User, the Company is obliged to refund to the User the amount that the User paid before the cancellation of the transaction by the Company, to the same account and in the same amount.
5.1. The User can pay by credit card, which implies the consent to these Terms and Conditions.
5.2. When playing by credit card, the beneficiary of the transfer is “eMoters” LTD.
5.3. When making a payment by credit card, the service fee provided by “Emoty” is added to the product price.
5.4. The User makes a payment using the following payment method:
Closing a personal account and restricting its use
6.1 “eMote” is entitled to unilaterally terminate or restrict the User’s right to use the App through a notification sent to e-mail, if it considers that the requirements of these Terms and Conditions have been violated. In this case, the account is closed or its use is restricted from the moment of delivery of the notification specified in the article.
If “Emoty” closes the account or restricts its use for the reason specified in article 6.1 the User is not entitled to create a new account on his/ her own behalf or on behalf of someone else.
6.3. The User is entitled to terminate using the “Emoty” App at any time, which does not result in the termination of the obligation of confidentiality provided for in the Agreement.
7.1 You agree that you are free to choose whether or not to use the “Emoty” App and services and you do so at your own discretion and risk.
7.2 “Emoty” provides your access to the App and provision of services in accordance with these Terms and Conditions.
7.3 “Emoty” shall not be liable to you or to any person for any loss or damage, whether in negligence, tort or otherwise, arising out of or in any way related to your or any third party’s use of the service, directly or indirectly, including but not limited to: damages for loss of business, loss of profits (including loss or non-earning of anticipated profits) interruption of business activities, or other pecuniary or essential/ material loss.
7.4 You acknowledge that “Emoty” shall not be liable to you or to any third party for any modification, restriction, or termination of access to the App.
7.5 You agree that in the event that “Emoty” App does not function properly, in the case of any interruption or termination of operation, transaction or transmission, loss or damages of data or contact or lines, illegal use by third parties of the App or its components or any circumstances beyond our control:
7.5.1 “Emoty” shall not be liable for any loss caused by the foregoing, and such loss shall not be compensated.
7.6. “Emoty” is responsible for:
7.6.1. The accuracy and timeliness of operations on the User’s personal account in accordance with the rules defined by these Terms and Conditions and the applicable legislation.
7.6.2. The confidentiality of information about operations carried out on a personal account, expect for the cases provided for by legislation;
7.7. “Emoty” is not responsible for:
7.7.1. Any direct or indirect damages arising from the cancellation of the transaction made by the User for any reason.
7.8. Violation of the obligations specified in these Terms and Conditions leads to the responsibility provided by these Terms and Conditions and the applicable legislation of Georgia. The parties undertake to compensate each other for the damage (loss) caused as result of their complete or partial non-fulfillment or improper fulfillment of these Terms and Conditions in accordance with the law and/ or these Terms and Conditions.
8. Validation Term and Termination of the Agreement
8.1. After the entry into force, these Terms and Conditions remain valid until the User’s registration is canceled.
8.2. Upon purchase of the product by the User under these Terms and Conditions, payment of the product price to “Emoty” in full and on time constitutes the fulfillment of the User’s monetary obligation. Fulfillment of a monetary obligation does not lead to termination of these Terms and Conditions.
9.1. These Terms and Conditions are regulated and interpreted in accordance with the law of Georgia.
9.2. The parties consider Georgia as the place of fulfillment of these Terms and Conditions;
9.3. Any disputes or disagreements relating to these Terms and Conditions or their interpretation shall be amicably resolved by the parties.
9.4. If the parties fail to reach an agreement through negotiation within 30 (thirty) calendar days, they unconditionally agree to resort to other means of dispute resolution granted to them by the legislation of Georgia.
10. Making amendments to these Terms and Conditions
10.1 These Terms and Conditions may be subject to amendments. Amendments will be made by “Emoty” without prior notice to the User, however, in case of substantial changes in the Terms and Conditions the User must again express his/ her consent to them in order to continue receiving the service without interruption. At each substantial amendment to the Terms and Conditions, the User will have the opportunity to consent while using “Emoty”.
11. Entire agreement
11.1. These Terms and Conditions and other related agreements constitute the entire agreement with respect to the App and/or Services and supersede all prior and concurrent communications, understandings, written or oral representations and warranties relating to the App and/ or Services.
12. Privacy Policy
12.1. Please read the Privacy Policy carefully. By logging into and using our App- “Emoty” , you confirm that you have read and agree to the information protection policy and all terms of using App.
13. Purchase of the product and procedure for its receiving
13.1. The User/ Addressee will be able to receive the product purchased though the “Emoty” App according to the predetermined delivery service rules. In case of service, the User/ addressee will be able to receive the service at the partner’s facility.
13.2. The recipient/ addressee of the purchased product can be:
13.3. “Emoty” reserves the right to cancel any placed by the User at any time.
14.1. Please read “Emoty”’s Return Policy carefully. By logging into and using our App- “Emoty” you confirm that you have read and agree to the Return policy and all terms of use of our App.
15.1. in case of request, the User is obliged to provide “eMote” with any additional information and also to present relevant proof documents required or defined by the legislation of Georgia.
15.2. If any clause of these Terms and conditions or part thereof is revoked, invalidated or terminated for any reason, the mentioned clause or part thereof will no longer apply, which will not affective validity of the remaining clauses of these Terms and Conditions.
15.3. “Emoty” is Entitled to unliterally make amendments to the text of these Terms and conditions and notify the User in the regard through “Emoty” information tools, including the App, any other channel available to “Emoty” and/ or e-mail.
15.4. The User, without the written consent of “Emoty”, is not authored to transfer the right and requirements arising from these Terms and Conditions or assign obligations to other person.
15.5. In the cases that are not provided for in these Terms and Conditions, the parties will be guided by the norms governing the relevant relationship provided for by laws and/ or additionally agreed terms.
Delivery Policy
Our Terms and Conditions apply to all orders and deliveries made between Emoty and the User/ Addressee on the Emoty App.
Order delivery
1.1 If the customer requests delivery of the order through the eMoty application, the order will be delivered to the address specified by the customer.
1.2. The User/Addressee has the obligation to be able to receive calls on the phone number he/ she has specified while using the Emoty App. If the phone number provided by the User/ Addressee cannot be reached, the delivery may be canceled by Emoty. In such case, the cost of the order will not be refunded to the User.
1.3. If the User/ Addressee is not present at the location specified by him/her by the delivery courier after two attempts to contact him/ her, the product will be returned to the warehouse, after which free delivery will be made again in accordance with the Delivery Policy.
1.4 If the User/ Addressee is not present at the location specified by him/her within five minutes of the re-delivery of the ordered product and cannot be contacted by the delivery courier after two attempts to contact him/her, the delivery may be canceled by Emoty. In such case, the cost of the order will not be refunded to the User.
1.5 If you wish to have the product delivered after the delivery has been canceled, please contact the “Emoty” support team to re- ordered the delivery. Please note that in this case, you will be charged the full delivery fee.
2.1. The delivery time of the purchased product or any other time notified to the User/ Addressee is only an estimated time. There is no guarantee that an order will be delivered at the specified time. Delivery times for products may be affected by the factors such as traffic congestion, peak hours and weather.
3.1 the delivery time of the purchased product is set forth in Annex N1, which is an integral part of this Delivery Policy.
Annex N1
1. The purchased product will be delivered in Tbilisi and Tbilisi suburbs (please, refer to the table below) on the next workday following the order of the product:
|
Tabakhmela |
Shindisi |
Tsavkisi |
Mukhiani Cottages |
|
Avshniani |
Telovani |
Tkhinvali |
Nasaguri |
|
Tsinaubani |
Lisi Villahge |
Zahesi |
Tskneti |
|
Kvemo Ponichala |
Zemo Ponichala |
Okrokana |
Akhaldaba |
|
Betania |
Kiketi |
kveseti |
Kojori |
|
Digomi Village |
Lilo Settlment |
Patara Lilo |
Didi Lilo |
|
Gldani Village |
Lochini Settlement |
|
Batumi |
Kutaisi |
Gori |
|
Kobuleti |
Zugdidi |
Kaspi |
|
Sarfi |
Tsaishi |
Mtskheta |
|
Khelvachauri |
Zestafoni |
Saguramo |
|
Khashuri |
Poti |
Natakhtari |
|
Surami |
Terjola |
Dusheti (including Zhinvali) |
|
Samtredia |
Telavi |
Bazaleti |
|
Tskaltubo |
Gurjaani |
Tserovani |
|
Senaki |
Vaziani |
Rustavi |
|
Khobi |
Patardzeuli |
Gardabani |
|
Lanchkhuti |
Sagarejo |
Abasha |
|
Gonio |
Martkofi |
Borjomi |
|
Chakvi |
Norio |
Akhaltsikhe |
|
Ureki |
Sartichala |
Vale |
|
Baghdati |
Kareli |
Chokhatauri |
|
Vani |
Anaklia |
Ozurgeti |
|
Khoni |
Kulevi |
Kvareli |
|
Martvili |
Agara |
Signagi |
|
Sachkhere |
Ruisi |
Tsnori |
|
Chiatura |
Tetritskaro |
Bolnisi |
|
Marneuli |
|
Chkhorotsku |
Dedolistskaro |
Abastumani |
|
Tsalenjikha |
Lagodekhi |
Bakuriani |
|
Jvari |
Akhmeta |
Adigeni |
|
Kharagauli |
Dmanisi |
|
Stepantsminda (Tuesday) |
Tkibuli (Tuesday) |
Akhalkalaki (Tuesday) |
|
Oni (Tuesday) |
Tsalka (Tuesday) |
Manglisi (Tuesday) |
|
Gudauri (Tuesday) |
Tsageri (Tuesday) |
|
|
Ananuri (Tuesday) |
Lentekhi (Tuesday) |
Ninotsminda (Tuesday) |
|
Aspindza (Tuesday) |
Ambrolauri (Tuesday) |
Khulo (Tuesday) |
|
Keda (Tuesday) |
Shuakhevi (Tuesday) |
Dusheti Region (above Zhinvali) (Tuesday) |
|
Tianeti (Thursday) |
Udabno Village (Thursday) |
Gombori (Thursday) |
Return and Exchange Policy
Product return/ exchange terms and conditions posted on the Emoty Ap
Before placing and order for a product or service, please review your choice carefully. Once an order has been placed, you cannot cancel it. However, you, as a user, have the right to cancel an order within 14 calendar days without any reason. This timeframe is counted as follows:
a) In the case of a service agreement- from the conclusion of the agreement (from placing the order)
b) In the case of a purchase agreement – from the time the User or Addressee takes possession of the product.
In the case of cancellation of the order, the product must be returned to the partner at the sales outlet where the order was made. Return is made immediately after cancellation of the order, but no later than 7 calendar days. The returned product must be unused and salable. The product must be properly protected and packaged in its original or similar form. You are not entitled to a full refund if the returned product has been reduced or altered in any way.
Please note that you are responsible to cover the costs associated with return of the product. Moreover, when returning the product, the partner may ask you for a payment receipt.
Users’ rights to cancellation and return may be excluded by law for certain products, including the following:
If you wish to cancel an order, return a product, or exchange a defective product, please contact the Emoty support team.
The amount paid will be refunded to the User by “Emoty” within 14 days of receiving the cancellation note, provided that the product is returned to the “Partner” or the proof of return is received by the “Partner”. “Emoty” will refund the cost of the returned product through the same payment method that you have used at the time of ordering and to the same bank account from which you have made the order. In case of delivered “orders”, the delivery cost and service fee will be reimbursed in the same manner.
