Terms of service
|
Terms and Conditions of www.gogutsa.com |
|
These Terms and Conditions (hereinafter referred to as the “Terms”) set out the rules governing the use of the website www.gogutsa.com (the “Website”) and the purchase of products offered for sale by Gogutsa LLC (the “Company,” “we,” “our,” or “us”). The Terms establish the rights and obligations of the Company and any individual or entity who accesses, browses, or places an order through the Website (the “Customer,” “you,” or “your”). By clearly defining these rules, the Company aims to ensure a transparent, reliable, and convenient online shopping environment while protecting its legitimate commercial interests. |
By visiting or using the Website, registering an account, or placing an order for any product, you confirm that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree to all or part of these Terms, you must refrain from using the Website or purchasing products from it. The Company reserves the right to amend or update the Terms at any time without prior notice. Any such changes will take effect immediately upon publication on the Website. Continued use of the Website after changes have been posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates. |
|
|
|
|
The Website www.gogutsa.com (hereinafter referred to as the “Website”) is the exclusive online store owned and operated by Gogutsa LLC, through which the Company markets and sells its clothing, footwear, accessories, and related products. These Terms apply to all browsing, registration, orders, and transactions made through the Website, including pre-orders, gift purchases, promotional offers, and any communication conducted through its associated digital interfaces (such as contact forms or newsletters). The Company reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Website, including product listings, pricing, or promotional campaigns, at any time and without prior notice. |
All activities carried out through the Website, including but not limited to product offers, orders, payments, deliveries, and returns, shall be governed by the laws of Georgia. Any dispute or claim arising from or related to the use of the Website or the purchase of Products shall be resolved in accordance with Georgian law, regardless of the Customer’s location, residence, or nationality. Where mandatory consumer-protection provisions of another jurisdiction apply, such provisions shall prevail only to the minimum extent required by law. |
By placing an Order through the Website, the Customer enters into a direct contractual relationship with Gogutsa LLC for the purchase of the selected Products, subject exclusively to these Terms. Nothing in these Terms shall be interpreted as creating any agency, partnership, employment, or joint-venture relationship between the Company and the Customer. The Customer acts as an independent purchaser, and the Company’s obligations are limited to delivering the ordered Products in accordance with these Terms. Any communication, advice, or promotional material made available on the Website or social-media channels is provided for informational purposes only and does not constitute a binding offer, warranty, or representation beyond those expressly stated in these Terms. |
You consent to receive communications from the Company electronically (including emails, on-site notices, and order messages). You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. |
|
Customers may browse the Website without registration; however, certain features — such as placing orders, tracking deliveries, saving preferences, or accessing purchase history — may require the creation of a personal user account (the “Account”). To create an Account, the Customer must complete the registration process on the Website by providing accurate and current personal information, including a valid e-mail address and any other data requested by the Company. The Company reserves the right to reject, suspend, or terminate any Account at its sole discretion, including where inaccurate, incomplete, or fraudulent information has been provided, or where the Account is suspected of misuse or violation of these Terms. Account registration is available only to individuals who are at least 18 years of age and have full legal capacity. By registering, the Customer confirms compliance with these requirements. |
The Customer is solely responsible for maintaining the confidentiality of login credentials and for all activities conducted under the Account. The Company shall not be liable for any loss or damage arising from unauthorized access to the Account caused by the Customer’s negligence, disclosure of credentials, or failure to implement reasonable security measures. The Customer must immediately notify the Company via Contact Form if any unauthorized use, breach, or suspected compromise of the Account occurs. The Company may temporarily disable access or require password resets where it reasonably suspects unauthorized or fraudulent use. |
The Customer agrees to provide complete, truthful, and up-to-date information when creating an Account or placing an Order and to promptly update such information whenever changes occur. The Company shall not be responsible for delays, delivery errors, or other issues resulting from inaccurate or outdated data provided by the Customer. The Company reserves the right to verify the accuracy of any information and, where necessary, to request additional confirmation (such as proof of identity or address) before processing or dispatching an Order. Failure to provide such information within a reasonable time may result in suspension or cancellation of the Order or the Account. |
|
All Products offered on the Website are described and presented as accurately as reasonably possible based on information available to the Company at the time of publication. However, minor variations in color, texture, or design may occur due to screen display settings, lighting conditions, manufacturing tolerances, or product updates. Such variations shall not be considered a defect or non-conformity of the Product. The Company reserves the right to modify product specifications, packaging, or materials without prior notice, provided that such modifications do not materially reduce the intended quality or purpose of the Product. Product descriptions, lookbooks, or photographs published on the Website are for illustrative purposes only and do not constitute a binding guarantee of exact appearance or composition. |
All offers of Products on the Website are subject to availability at the time an Order is confirmed. In the event that a Product becomes unavailable after an Order has been placed, the Company may, at its sole discretion: a) notify the Customer and offer an alternative item of equal or higher quality and value; b) extend the delivery period; or c) cancel the affected part of the Order and refund any corresponding payment received. The Company shall not be liable for any loss, inconvenience, or indirect damage resulting from temporary or permanent unavailability of a Product. Pre-order or made-to-order items may be subject to special production timelines, which will be communicated on the product page or during checkout. |
All Prices are displayed on the Website in United States Dollars (USD) and, where applicable, include Georgian VAT (see Sections 7.2–7.3). Delivery fees, customs duties, or additional charges (if any) are shown separately before Order confirmation. The Company reserves the right to change Prices at any time before an Order is accepted. The Price applicable to a Product is the one displayed on the Website at the moment the Customer completes the checkout process. Although the Company takes all reasonable care to ensure accuracy of pricing and other information, typographical or technical errors may occur. In such cases, the Company reserves the right to correct the error and either (a) confirm the Order at the correct Price with the Customer’s consent or (b) cancel the Order and refund any amount paid. The Company shall not be obliged to supply any Product at an incorrect Price that has been displayed by mistake. |
|
To purchase Products from the Website, the Customer must select the desired items, add them to the virtual shopping cart, and complete the checkout process by providing all required information, including the delivery address, contact details, and payment method. By submitting the Order, the Customer makes a binding offer to purchase the selected Products in accordance with these Terms. Before completing payment, the Customer is responsible for verifying the accuracy of all Order details, including Product selection, quantity, size, color, price, and delivery information. The Company shall not be held responsible for errors or omissions made by the Customer during the Order process. All Orders are subject to payment authorization and stock availability. Submission of an Order alone does not constitute acceptance or create a binding contract. |
After an Order is placed, the Customer will receive an automated acknowledgment email confirming receipt of the Order. This acknowledgment does not constitute acceptance of the Order but serves only as confirmation that the Order has been received by the Company’s system. The sale is deemed concluded and binding only when the Company issues a subsequent Order Confirmation by e-mail or other electronic communication, explicitly stating that the Order has been accepted and the Products have been or will be dispatched. The Company reserves the right to verify information prior to confirming any Order and may request identity or payment verification when necessary to ensure transaction security and prevent fraud. Until the Order Confirmation is issued, the Company shall not be bound to supply any Products. |
The Company reserves the right, at its sole discretion, to refuse, cancel, or limit any Order for any lawful reason, including but not limited to: a) unavailability of stock; b) inaccuracies or errors in Product information or pricing; c) payment authorization failure; d) suspected fraud or illegal activity; e) delivery restrictions to the Customer’s location; or f) any other situation in which the Company reasonably believes that the transaction cannot be completed under normal conditions. If an Order is cancelled after payment has been received, the Company will issue a full refund of the corresponding amount using the same payment method originally used by the Customer, unless otherwise agreed. The Company shall not be liable for any loss, delay, or inconvenience arising from the refusal or cancellation of an Order. |
|
Payment for Products purchased through the Website may be made using the payment methods displayed at checkout, which may include credit or debit card (Visa, Mastercard, AmEx), local electronic payment systems, or other digital payment options accepted by the Company from time to time. The availability of payment methods may vary depending on the Customer’s location or the type of Order. All payments are processed through secure, third-party payment service providers authorized under Georgian law or international payment regulations. The Company does not store or have access to the Customer’s full payment-card details. The Customer confirms that any payment instrument used belongs to them or that they are duly authorized to use it. The Company reserves the right to decline or cancel any Order if the payment is not successfully authorized or verified by the payment provider. |
All Prices displayed on the Website are expressed in United States Dollars (USD), unless otherwise stated. Prices are subject to change at any time prior to the Company’s issuance of an Order Confirmation (as defined in Section 6). If the Customer’s bank or payment provider operates in a different currency, the applicable exchange rate and any conversion or processing fees shall be determined solely by the Customer’s financial institution. The Company shall not be liable for currency fluctuations or additional charges imposed by payment providers. Promotional Prices, discounts, coupon codes, or limited-time offers are valid only during the period and under the conditions explicitly stated on the Website or in related marketing materials. |
All Prices include Georgian VAT where applicable. For international Orders delivered outside Georgia, the Price shown does not include any import duties, customs tariffs, or local taxes that may be levied in the destination country. Such charges shall be borne exclusively by the Customer. The Customer is responsible for ensuring compliance with all applicable import regulations in their jurisdiction. The Company shall not be liable for delays, refusals, or confiscations caused by customs clearance procedures or non-payment of such charges. |
The Company utilizes SSL (Secure Socket Layer) encryption and equivalent technologies to protect all payment data transmitted through the Website. Transactions are processed through secure payment gateways certified under the PCI DSS (Payment Card Industry Data Security Standard). While the Company employs state-of-the-art safeguards, absolute security of electronic transactions cannot be guaranteed. By completing payment, the Customer acknowledges and accepts the inherent risks associated with online payments. In the event of any suspected unauthorized transaction, the Customer must immediately notify both their payment provider and the Company via contact form. so that appropriate steps may be taken to investigate and resolve the issue. |
|
The Company delivers Products both within Georgia and internationally, subject to the availability of courier services and applicable export regulations. Delivery is carried out through the Company’s selected logistics partners or postal services. The Customer may not request a specific carrier unless expressly offered at checkout. The Company reserves the right to refuse or cancel Orders to destinations where delivery is restricted, unsafe, or commercially impracticable. |
Delivery fees, if applicable, are clearly displayed during the checkout process before final payment. Delivery costs may vary based on destination, weight, and delivery method. Estimated delivery timeframes are provided for convenience and are indicative only. Actual delivery times may vary due to external factors such as customs inspections, carrier delays, weather conditions, or public holidays. The Company shall not be liable for delays beyond its reasonable control but will take all reasonable measures to ensure timely dispatch. The Customer is responsible for providing an accurate and complete delivery address. The Company will not be responsible for failed deliveries or additional costs resulting from inaccurate or incomplete information. |
Ownership of the Product and all risks of loss or damage pass to the Customer at the moment the Product is handed over to the carrier for shipment. From that point forward, the Customer bears the risk associated with transportation and delivery, including loss, theft, or damage in transit. In case of visible damage to the package upon delivery, the Customer must immediately notify the courier and document the damage before opening the package. Failure to do so may result in loss of eligibility for return or refund. |
|
The Company offers Customers the right to return or exchange eligible Products purchased through the Website, in accordance with the conditions set forth in this Section. Returns are accepted only for Products purchased directly from www.gogutsa.com and must comply with the procedures outlined below. The Customer must contact the Company via contact form before returning any Product to obtain confirmation and instructions. Unauthorized returns may be refused. The Company reserves the right to inspect returned Products and to determine, in its sole discretion, whether the conditions for return or refund have been met. |
Customers may request a return or exchange within 14 calendar days from the date of delivery of the Product. After this period expires, the Company shall have no obligation to accept a return or issue a refund. The Product must be dispatched back to the Company within this same 14-day period. Proof of dispatch (such as postal or courier receipt) shall serve as evidence of compliance with the deadline. |
To qualify for a refund or exchange, returned Products must:
Products showing signs of wear, alteration, damage, or missing components (including hang-tags or accessories) may be rejected or subject to a partial refund at the Company’s discretion. The Customer is responsible for ensuring that returned Products are properly packaged to prevent damage during shipment. |
Once a returned Product has been received and inspected, the Company will notify the Customer of approval or rejection of the refund. Approved refunds will be processed within 10 Business Days of confirmation, using the same payment method originally used for the purchase, unless otherwise agreed. Delivery charges, customs duties, and return-shipping costs are non-refundable, except in cases where the Product was proven defective or incorrectly supplied by the Company. If a replacement Product is requested, shipping costs for the new item may apply. |
The following Products are non-returnable and non-refundable except in cases of proven defect or error by the Company:
The Company reserves the right to refuse any return that does not meet these requirements. |
|
The Company may, from time to time, issue gift cards, promotional codes, discount vouchers, or special offers (“Promotions”) that can be used for purchases on the Website, subject to the conditions expressly stated at the time of issuance. Promotions have no cash value and may not be exchanged, resold, or redeemed for money. Each Promotion is valid only for purchases made through www.gogutsa.com and only for the duration and scope expressly announced by the Company. The Company reserves the right to modify, suspend, or cancel any Promotion at its sole discretion and without prior notice, including in cases of suspected misuse, fraud, or technical error. Only one promotional code may be applied per Order unless otherwise stated. Promotions cannot be applied retroactively to Orders already completed. |
All gift cards and discount codes are valid until the expiration date indicated on the card, code, or promotional communication. If no expiration date is specified, validity shall not exceed six (6) months from the date of issue. Expired Promotions will not be reissued, extended, or refunded. The Company is not responsible for lost, stolen, damaged, or unauthorized use of any gift card or discount code. Gift cards and promotional credits cannot be used to purchase additional gift cards or exchanged for cash. Where a refund is granted for a Product purchased using a Promotion, the refunded amount will reflect the actual amount paid after application of the Promotion, not the original full price. |
|
All materials contained on the Website—including but not limited to text, images, photographs, graphics, videos, designs, logos, trade names, page layouts, and software—are the exclusive property of Gogutsa LLC or its licensors. Such materials are protected under Georgian and international copyright, trademark, and industrial-design laws. Nothing in these Terms shall be interpreted as transferring or granting ownership of any intellectual property rights to the Customer or any third party. |
The Company grants Customers a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its contents solely for personal, non-commercial purposes related to viewing and purchasing Products. Except as expressly permitted, the Customer may not copy, reproduce, distribute, modify, reverse-engineer, or create derivative works from any portion of the Website or its content without the Company’s prior written consent. Any unauthorized use of the Website or its materials automatically terminates this license and may constitute a violation of applicable intellectual-property laws. |
All trademarks, service marks, logos, and trade names appearing on the Website—including but not limited to “Gogutsa”—are the property of Gogutsa LLC or its affiliates, partners, or licensors. The use or reproduction of these marks without prior written authorization from the Company is strictly prohibited. Unauthorized use may result in civil and/or criminal liability under Georgian and international law. The Customer acknowledges that respecting these rights is a material condition of using the Website. |
|
|
The Website uses cookies and similar tracking technologies to enhance user experience, analyze traffic, and support essential functionality such as login, shopping-cart operation, and checkout. By continuing to browse or use the Website, the Customer consents to the use of cookies in accordance with the Company’s Cookie Policy, which explains the types of cookies used, their purpose, and how they can be managed or disabled through browser settings. Certain cookies are necessary for the Website to function properly and cannot be disabled without affecting performance. The Company may also use third-party analytics or advertising tools (for example, Google Analytics or Meta Pixel) to collect aggregated, non-personal data to improve marketing and service quality. Disabling cookies may limit access to some Website features or negatively affect the user experience. |
|
The Website and all content, Products, and services available through it are provided on an “as-is” and “as-available” basis. The Company makes no representation or warranty, express or implied, regarding the availability, accuracy, reliability, or suitability of the Website or the Products offered. While the Company strives to maintain continuous access, it does not guarantee that the Website will operate without interruption, delay, error, or technical malfunction. Temporary suspension or downtime may occur for maintenance, updates, or reasons beyond the Company’s control, and the Company shall not be liable for any resulting inconvenience or loss. |
To the fullest extent permitted by applicable law, Gogutsa LLC shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the use of the Website or the purchase, possession, or use of any Product, including but not limited to lost profits, loss of business opportunity, data loss, or reputational damage. In any event, the Company’s total aggregate liability to the Customer, whether in contract, tort, or otherwise, shall not exceed the total amount actually paid by the Customer for the Product(s) giving rise to the claim. Nothing in these Terms shall exclude or limit liability for death or personal injury caused by the Company’s gross negligence or fraud, where such exclusion would be unlawful. |
The Website may contain links to third-party websites, applications, or services for informational or convenience purposes. The Company does not control and is not responsible for the content, accuracy, security, or privacy practices of such external resources. Access to and use of third-party websites are at the Customer’s own risk, and such sites are subject to their respective terms and policies. Inclusion of any external link on the Website does not imply endorsement or partnership by the Company unless expressly stated. |
|
|
The Company shall not be liable or deemed in breach of these Terms for any delay, failure, or inability to perform its obligations resulting directly or indirectly from Force Majeure events, including but not limited to natural disasters, fire, flood, earthquake, war, terrorism, civil unrest, governmental actions, embargoes, strikes, labor disputes, energy outages, transportation disruptions, or failures of communication or digital networks. In such cases, the Company’s obligations shall be suspended for the duration of the Force Majeure event, and performance deadlines shall be extended accordingly. If the event continues for more than thirty (30) days, the Company may cancel the affected Order without liability, except for refunding any amount already paid for undelivered Products. The Customer agrees that such circumstances shall not give rise to any claim for compensation or damages beyond the refund of the purchase price, where applicable. |
|
These Terms, as well as all offers, orders, and sales made through the Website, shall be governed by and construed in accordance with the laws of Georgia, without regard to conflict-of-law principles. All mandatory consumer protection laws applicable in Georgia shall apply to the extent they cannot be excluded by agreement. |
Any dispute, controversy, or claim arising out of or in connection with these Terms, the use of the Website, or the purchase of any Product shall fall under the exclusive jurisdiction of the courts of Georgia, with the competent court located in Tbilisi. By using the Website, the Customer expressly agrees to submit to the jurisdiction of these courts and waives any objection based on lack of personal jurisdiction or inconvenient forum. |
Before initiating formal legal proceedings, the Customer and the Company shall make reasonable efforts to resolve any dispute amicably through direct communication via our mail. If an amicable resolution cannot be reached within 30 calendar days, either party may refer the matter to the competent Georgian court as specified above. The Company may, at its discretion, participate in or propose alternative dispute resolution methods such as mediation or arbitration if considered beneficial to both parties. |
|
|
The Company reserves the right to amend, update, or replace any part of these Terms at any time, for reasons including but not limited to legal compliance, business development, or technical improvements. All changes shall become effective immediately upon their publication on the Website, unless a different effective date is stated. The Customer’s continued access to or use of the Website following any such modification constitutes acceptance of the revised Terms. The Company encourages Customers to review these Terms regularly to remain informed of any updates. |
|
|
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of one clause shall not affect the validity of the rest of the Terms. |
|
|
These Terms constitute the entire agreement between the Customer and Gogutsa LLC regarding the use of the Website and the purchase of Products. They supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, concerning the same subject matter. Any additional or conflicting terms proposed by the Customer shall be null and void unless expressly accepted in writing by the Company. |
|
|