1. Definitions and Terms
 
Client – a competent natural person.
Acceptance – the client's full and unconditional agreement (acceptance) to enter into the agreement on the terms specified in this agreement.
Used goods – equipment that has been previously used and is suitable for further use in its current condition or after repair.
New goods – devices that have not been used or have not been used within 14 calendar days of the date of purchase and that have no technical defects, external damage, workmanship issues, etc.
Contractual Value – The value of second-hand goods, which is determined by the parties to this agreement, taking into account its technical condition.
Retailer – a retail network for the sale of goods to which the Client has a monetary obligation to pay for the value of new goods, and with which the Company has entered into a cooperation (partnership) agreement. The names and details of the retailer must be specified in the declaration confirming the acceptance of this public offer agreement (Offer).
 
2. Subject of the Agreement
 
2.1. Pursuant to this Agreement, the Client shall sell to the Company the second-hand equipment owned by the Client (hereinafter "Second-hand Goods") that meets the requirements of this Agreement, and the Company pays the Client the contractual value of the used item by transfer to a retail trader in accordance with the Statement of Confirmation of this Agreement (hereinafter – the "Statement"), which is an annex to this Agreement.
2.2. It is considered that the client has fulfilled the obligation to the company, which consists of the transfer of second-hand goods, specifically, at the time of the sale of the second-hand goods to the company, for which the retailer acts on behalf of and in the interest of.
2.3. Before accepting the second-hand goods, the retailer is obligated to conduct a diagnosis (to check the second-hand goods' compliance with the requirements of this agreement, its operability, technical condition, appearance assessment, equipment, performance, etc.) and shall not accept any second-hand goods that do not comply with the agreement.
2.4. The Company shall be deemed to have fulfilled its obligation to pay the client for the value of the second-hand goods, Specifically, at the time the client receives the new goods from the retailer, for which the company has partially paid the retailer on the client's behalf, representing the contractual value of the second-hand goods.
2.5. To sell second-hand goods, the client must be a competent person who is 18 years of age or older.
 
3. Conclusion of the agreement
 
3.1. Unconditional acceptance of the terms of the Agreement occurs when the Client signs the confirmation statement for this Agreement, which is an integral part of this Agreement.
3.2. The date of the agreement is the date of receipt of the statement signed by the company.
 
4. Purchase and Sale Procedure and Conditions
 
4.1. The buying and selling of second-hand and new goods is carried out in the following sequence:
4.1.1. The Client shall, based on the Bill of Lading for Used Goods, hand over the Used Goods owned by them to the Company at the retail premises, together with the application signed by them, and the Company, which acts on behalf of and in the interest of the retailer, receives the second-hand goods.
4.1.2. The application and the second-hand goods handover-takeover document must indicate the contractual value of the second-hand goods to be charged to the client, which is agreed upon by the parties based on the technical condition of the second-hand goods.
4.1.3. The client shall have a monetary obligation to pay the value of the new goods to the retailer to whom the application was submitted, For which the client authorizes the company in the application to transfer the contractual value on behalf of the client to the bank account of the retailer that received the second-hand goods. All bank charges associated with this payment are borne by the company.
4.1.4. The Company is not liable to the Client for any issues related to the sale, return, or exchange of new goods, or the quality of such new goods.
4.2. Upon submission of the application and at the time of transfer based on the receipt-transfer document for the second-hand goods, ownership of the second-hand goods and all risks shall pass from the Client to the Company, and the return of the second-hand goods to the Client shall be impossible.
4.3. The client is obligated to purchase new goods only at any store of the retail chain specified by them in the application.
 
5. Requirements for second-hand goods
 
5.1. The Company will purchase only second-hand goods that meet all of the following requirements:
5.1.1. is owned by the Client and is free of any third-party rights;
5.1.2. is in working order (i.e., all functions of the equipment are operating in accordance with the indicators and parameters established by the manufacturer of such equipment);
5.1.3. No signs of liquid damage (corrosion);
5.1.4. Not broken, has no broken connectors for charging the device;
5.1.5. Not blocked by the operator;
5.1.6. Not wanted;
5.1.7. The device's display must be free of spots, cracks, vertical or horizontal lines, and dust under the glass.;
5.1.8. is without the passwords and codes indicated on the device;
5.1.9. Is without accounts;
5.1.10. Be in the client's possession. If possible, the client must document the usability of the goods (for example, a receipt for the purchase of used goods that contains the date of purchase and/or a declaration or other document from the client).
5.1.11. The device's display must allow for diagnostics. The device's display may also be damaged, but diagnostics must still be possible.
 
6. Privacy
 
6.1. Information that became known to a Party in the course of entering into and performing this Agreement, as well as information related to the subject matter of this Agreement or its conclusion or performance, is confidential.
6.2. Confidentiality. For the purposes of this Agreement, "Confidentiality" means the prohibition against disclosing relevant information to a third party without the prior written consent of the other party.
6.3. The Parties undertake not to use any information obtained in connection with the negotiation and/or execution of this Agreement to the detriment of one another.
 
7. Processing of Personal Data
 
7.1. By signing the application, the client gives informed and voluntary consent to the company and the retailers, to process his/her personal data indicated in the application and other documents provided by the client and signed by the parties within the framework of this agreement, i.e., automated, non-automated and mixed processing, including collection, registration, accumulation, storage, adaptation, modification, updating, use, depersonalization, destruction, and dissemination (dissemination, sale, transfer) transmission of personal data (i) on public communication networks, (ii) exchange of information on international information and telecommunication networks, including with foreign entities involved in personal data processing, Also, consent to receive the client's personal data from any legal source, including from the client and third parties, for the information and execution required by this agreement.
7.2. By signing the application, the Client agrees to transfer their personal data to a third party – the banking institution specified in the Company's details, and to disclose them to the extent necessary for the settlement of accounts between the parties to this Agreement and for their execution. Personal data of the Company's subsidiaries (affiliated companies), legal entities, and managers, in order to fulfill the terms of this Agreement.
7.3. The processing and storage of the client's personal data is carried out for the duration of the contract.
7.4. This consent may be revoked by the client at any time by sending a written notice of revocation by registered mail to the Company.
7.5. The revocation of this consent is effective from the date the company is provided with the relevant notice.
 
8. Warranties and Liability
 
8.1. By entering into this Agreement, the parties confirm that:
8.1.1. They do not conceal circumstances that are material to this agreement;
8.1.2. The execution of this Agreement will not violate the rights and legitimate interests of others, including minors, minors, children with disabilities, and other persons whom the parties are obligated to maintain by law or contract; 8.1.3. the contract was not entered into under duress;
8.1.4. They are not declared incompetent or partially incompetent;
8.1.5. Entering into the contract satisfies their interests;
8.1.6. The expression of will is free, conscious, and corresponds to their inner will;
8.1.7. The terms of the contract are clear and consistent with the actual agreement of the parties;
8.1.8. The contract does not conceal another transaction and is intended to reflect the actual source of the results contemplated therein;
8.2. In entering into this agreement, the Client is of sound mind and of full legal capacity, and understands the nature of this transaction.
8.3. In the event of a breach of the Agreement, the breaching party shall be liable under this Agreement and applicable Georgian law.
8.4. A breach of the contract is its non-performance or improper performance, i.e., performance in violation of the terms set forth in this contract.
8.5. A party will not be liable for a breach of the contract if it occurs through no fault of its own (whether intentionally or negligently).
8.6. In the event of a breach by the Client of the warranties specified in this section, the Client shall fully indemnify the Company for any damages.
 
9. Term of the Agreement. Amendments to the Agreement
 
9.1. This Agreement shall become effective upon the Client's acceptance and shall remain in effect until the parties have fully fulfilled their obligations under this Agreement.
9.2. The Company reserves the right to change the terms of this Agreement. If the Agreement is accepted, then the version of the Agreement in effect on the date of acceptance shall govern.