Terms and Conditions
The following terms and conditions constitute a legally binding contract concluded between the user and LLC “Kenari” (I/N: 404392224), 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, LLC “Kenari” (I/N: 404392224) declares that it will use the personal data received from the user legitimately, to achieve the goal specified in the Privacy policy.
When registering or authorizing on the kenari.ge website, it is mandatory for the user to agree to the terms and conditions and the privacy policy; otherwise, the user will not be able to use the website. The Company is entitled to unilaterally make changes to these terms and conditions at any time, by referencing the same terms, without requiring additional consent from the user.
By agreeing to these terms and conditions (checking the "I agree to the termაs" box), the user confirms that he/she wants to use the service/services offered by the company.
Please read these terms and conditions carefully before using the platform.
1. Definition of terms
Managing Company/Company - LLC “Kenari” (I/N: 404392224) (Limited Liability Company registered in accordance with the legislation of Georgia, date of registration: 17/12/2010) having its registered office at Georgia, Tbilisi, Didube district, Lubliana st., I lane, N4; Actual address: Georgia, Tbilisi, Didube district, Lubliana st., I lane, N4; E-mail: info@kenari.ge; hotline: 0322307950.
Website -The website operated by the company kenari.ge.
User - Any legal person or natural person who is at least 18 years old and considered an adult under Georgian law.
Parties - managing Company and user.
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 user’s access to their personal account is defined by these terms and conditions.
Unique identifier - the username, surname, email address, mobile phone number, and password used to register on the Kenari.ge website and access the available services.
Operation - any action performed by the user in relation to his/her 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;
Promotional code - unique alphanumeric code used to purchase goods from a seller under promotional terms for a specified period, as outlined by the website.
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 Privacy policy.
2. Statements and Warranties:
2.1 By registering on the website kenari.ge, the user declares and guarantees that he/she:
2.1.1 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;
2.1.2 Has the legal authority to fulfill its obligations under these terms and conditions;
2.1.3 Has familiarized oneself with these terms and conditions and will take all necessary measures to comply with them;
2.1.4 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;
2.1.5 Will not use any offensive or discriminatory language in the unique identifier;
2.1.6 Assumes full responsibility for any actions taken under its account;
2.1.7 His/her actions doesn’t not violate the rights and freedoms of others;
2.1.8 Before purchasing a product, the user has familiarized himself/herself with the detailed description of the product and its characteristics;
2.1.9 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.
2.1.10 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.
2.1.11 Will not carry out such an action that would endanger the proper functioning of kenari.ge website.
2.1.12 Will not take any action that is prohibited by applicable law, these Terms and Conditions, and the kenari.ge Privacy Policy.
2.1.13 Will protect the confidentiality of the information specified during registration on the website.
2.1.14 By opening a personal account (profile) he/she does not violate any law, regulation or the rights of third parties. She/he 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).
3. Registration/Authorization Rules
3.1 In order to purchase goods from the website operated by the company, the user is required to register or authorize on the kenari.ge website.
3.2 Registration on the website involves providing the name, surname, mobile phone number, email address, and a login password. After confirming the password and clicking the "Register" button, the user’s account will be considered registered on the kenari.ge website.
3.3 To complete the registration or authorization process, the user must agree to the website’s terms and conditions as well as the accompanying privacy policy.
3.4 After completing the registration process on the website, the user has the right to modify or delete their personal data in their profile.
3.5 In order to use the website in the future, the user must undergo authorization by providing their email address and login password.
3.6 Please note that the user can view and purchase goods on the kenari.ge website without registering. However, they must agree to the terms and conditions by checking the "I agree to the conditions" box.
4. The type of service and conditions
4.1 The managing company, LLC “Kenari” (I/N: 404392224) allows users to purchase goods according to the conditions specified on its operating website, kenari.ge. Please note that when placing an order for contact lenses, the managing company may not have the desired items in stock. To confirm availability and delivery dates, please contact the company via its official Facebook page, Kenari●Kenari.
4.2 The prices of goods displayed on the website are given in GEL and include taxes as mandated by Georgian law. The management company reserves the right to periodically update the prices of goods on the website. Any changes in price will not affect orders that have already been placed.
4.3 LLC “Kenari” offers users the opportunity to purchase products on the kenari.ge website with individually tailored discounts. To apply these discounts, users must enter the promo code provided by the company in the relevant section.
4.4 The user has the ability to view the purchased goods at any time in the personal account.
5. Payment of value
5.1 The user can pay for goods or services using a Visa or Mastercard issued by commercial banks licensed in Georgia. By clicking the "Payment" button, the user is redirected to a secure payment page where card details are entered directly to the payment service provider. As a result, LLC “Kenari” does not have access to the card's identification data.
5.2 On the kenari.ge website, users can also pay for goods through the Buy Now Pay Later systems offered by Bank of Georgia and TBC Bank. To do so, follow the instructions provided on the website.
5.3 Payment for the goods can also be made based on an invoice issued to the user. In this case, payment should be completed via a bank transfer to the managing company’s account.
5.4 The payment is considered to be completed only after the amount is reflected in the company's system.
5.5 After placing the order, the user will receive an automatic confirmation email. The goods will be shipped following this notification.
5.6 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.
5.7 The user is required to verify the accuracy of their contact information before making any corrections. If incorrect or incomplete contact information is provided, the user will be responsible for any resulting delays in the delivery of goods.
5.8 The company offers delivery of goods to the user throughout Georgia. To ensure smooth service, the user must provide their address in the designated field. This address will be processed by the website only before the goods are transferred to the user.
5.9 The delivery of goods is handled by kenari.ge’s partner company, Georgian Express (I/N: 201954965), at rates established by them. These rates can be viewed in the "Conditions of Delivery" section on the kenari.ge website. If the partner company updates their delivery rates, the managing company will promptly update the "Conditions of Delivery" section on its website. Before placing your order, please review the 'Conditions of Delivery' section on the website.
5.10 Delivery of goods in Tbilisi is completed within 2-3 working days, between 10:00 and 18:00.
Please note that, in exceptional cases, the managing company may require more time than the specified deadline. For more information about ordered products and delivery times, you can visit the company’s official Facebook page, Kenari●Kenari, or call the company’s hotline at 0322 307 950.
5.11 Please note that the partner company of LLC “Kenari” does not provide delivery services on weekends.
5.12 In case of a claim related to the supply of goods purchased on the website, the user is entitled to exercise their rights as provided by Georgian legislation.
5.13 Detailed information about each product will be provided in its description.
6. Account cancellation
6.1 The user has the right to cancel their personal account on the kenari.ge website at any time by contacting the managing company at info@kenari.ge. Upon account cancellation, the personal data provided by the user will be deleted. However, the managing company is authorized to retain the purchase history associated with the account for a period of 3 (three) years.
6.2 In case of violation by the user of the statements and warrants defined in this agreement, LLC “Kenari” reserves the right to cancel the user's account on the Kenari.ge website. The user will be notified in advance via email, at least 2 (two) days prior to the account cancellation.
6.3 The managing company reserves the right to terminate a user account on the kenari.ge website if there has been no activity from the account within 3 (three) years from the date of registration.
6.4 In the case described in Article 6.3 of this Agreement, the managing company will send the user a notice of the expected account cancellation to the email address provided on the website, at least 2 (two) days before the account is scheduled to be canceled.
7. Powers and Responsibilities of the Company
7.1 The company shall not be liable for any damage caused to the user and/or third parties on the basis of incorrectly information/document by a Customer.
7.2 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.
7.3 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.
7.4 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.
7.5 The company is obligated to adhere strictly to these regulations.
7.6 The company holds no responsibility for the security of the card identification data provided by the user.
7.7 The company bears no responsibility in instances where, due to technical issues or temporary failures, users are unable to purchase desired goods.
7.8 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.
7.9 The company reserves the right to unilaterally modify the rules governing the purchase and/or settlement of goods at its discretion.
7.10 The managing company is obligated to deliver the goods to the user in accordance with the terms outlined in the contract.
7.11 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.
7.12 If the managing company does not provide a description of the goods, the goods will be considered in conformity with the contract if they are suitable for the purpose specified by the user at the time of contract conclusion and accepted by the managing company.
8. User rights
8.1 If the goods turn out to be defective, a user 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.
8.2 The right to repair and replace the goods is a top priority right of a user. A user shall have the right to request that a managing company repair or replace the goods free of charge, 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.
8.3 Goods shall be repaired or replaced within a reasonable time in order to not adversely affect a user, taking into account the nature and the intended purpose of purchasing such goods.
8.4 The repair or replacement of goods free of charge shall include the payment of all costs (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.
8.5 A user 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) the managing company failed to repair or replace the goods in a reasonable time and the user has lost interest in the performance of the contract;
c) the user will be adversely affected if the trader repairs or replaces the goods.
8.6 In the case of withdrawing from a contract, a user shall have the right claim damages as a result of the failure to perform the contract, in accordance with the procedure established by the legislation of Georgia.
8.7 A user shall not have the right to withdraw from a contract if the defects of the goods goods are insignificant.
8.8 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 user.
9. The responsibility of the parties
9.6 Each party shall reserve the right to demand from the other party the full, faithful, and good faith performance of their respective obligations.
9.7 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.
10. Return Policy Exceptions regarding the withdrawal from a contract without specifying any grounds
10.6 According to article 13 of a law of Georgia “On the Protection of Consumer Rights” user 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:
10.6.1 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 user and with the acknowledgement from the user that he/she will lose his/her right of withdrawal once the contract has been fully performed by the managing company;
10.6.2 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;
10.6.3 the delivered goods or services are made to the user's specifications or are clearly personalized (e.g., optical glasses);
10.6.4 the delivered goods are liable to deteriorate or expire rapidly;
10.6.5 The goods were delivered to the user tightly sealed, were unsealed after delivery, and therefore the goods are not suitable for return for reasons of health protection or hygiene (e.g., contact lenses).
10.7 This period shall start: from acquiring physical possession of goods by a consumer or a third party designated by the user (except for a carrier).
11. Return Policy
11.6 The user 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 user. After this period elapses, the user forfeits the right to request a return. To initiate the return process, the user must complete a return form, which can be downloaded from our website and submitted via email to: info@kenari.ge.
Please note that contact lenses and optical glasses purchased on the managing company’s website are not eligible for return without cause, as they fall under the exceptions specified in Article 14 (2) (c) and (e) of the Law “On the Protection of Consumer Rights”.
11.7 In the event of withdrawal from a contract the user shall: a) the user shall return the the undamaged goods to the managing company or to a third party designated by it, 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.
11.8 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.
11.9 The user is required to return the item in its entirety, along with all accompanying documents.
11.10 The managing company is obligated to refund the amount paid by the user 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 user confirming the shipment of the goods, whichever occurs earlier.
11.11 Payment shall be processed using the same method of payment utilized by the user, unless an alternative method of payment is agreed upon by the user.
11.12 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.
11.13 The exercise of the right of withdrawal from a contract shall terminate the obligations of the parties under distance contacts and the parties shall be fully reimbursed for any performance thereof.
12. Privacy policy
12.6 The Privacy Policy is available as an attached file on the kenari.ge website controlled by the company.
12.7 The Privacy 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.
12.8 By registering on the kenari.ge website and agreeing to these terms and conditions, the user confirms that they have read and accepted the privacy policy as well as all terms of use governing the company's website.
13. Validity period and termination procedure
13.6 These terms and conditions, along with their appendices, and any amendments thereof, remain valid until the user's account is deactivated.
13.7 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.
14. Regulatory legislation
14.6 These terms and conditions is governed and interpreted in accordance with the laws of Georgia.
14.7 Any disputes between the parties must first be resolved through negotiations. If an agreement cannot be reached, the matter will be referred to the Tbilisi City Court for consideration.
15. Final Provisions
15.6 The invalidity of any clause in these Terms and Conditions shall not affect the validity of the remaining clauses.
15.7 These Terms and Conditions, along with any related documents, represent the complete and exclusive agreement regarding the website and/or Services, and they supersede all previous and concurrent communications, understandings, and representations, whether written or oral, related to the website and/or Services.
15.8 The Company reserves the right to unilaterally amend this Agreement and the Privacy Policy at any time by publishing the changes on the website, without requiring additional consent from the user. Continued use of the website and Services after such changes will be considered acceptance of the updated User Agreement.
15.9 The user may terminate these Terms and Conditions at any time within 10 (ten) calendar days of the posting of information on the company's website by providing written notification to the company.
15.10 Any matters not covered by these Terms and Conditions shall be governed by the laws of Georgia.
15.11 To address any issues, the user can contact the company's customer service center at 0322307950 or reach out via email at info@kenari.ge.
