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Terms of participation/trading in electronic auction

By clicking on the “Register” button, you confirm that you have read and agreed to the terms and conditions of participation in this e-auction and the agreement that forms an integral part of these rules.

Any person, who qualifies for registration on the site and wants to participate in the electronic auction to purchase the item posted on the website, is obliged to read and agree to the terms of participation/trading in the electronic auction.

Before using the website www.weekofart.com , please read these terms and conditions in detail. Familiarity with and confirmation of these terms does not give rise to any obligation to participate in any financial or electronic auction.

Terms and definitions

These terms and definitions have the following meanings:

Mediator – the owner and managing company of the website www.weekofart.com.

Artist – The owner of the art piece posted on the website

User – any physical or legal person (group of persons) who agrees to these terms in an electronic form.

Auction Winner – The User who fixes the highest price during an electronic auction announced by the Mediator.

Auction – Auction announced through the Mediator using the electronic auction system via www.weekofart.com .

Terms – The following terms to be agreed upon by the User electronically.

Legislation – current legislative and normative acts of Georgia, international treaties and agreements of Georgia.

Artifact – An artist-owned artifact that is managed by the Mediator through an electronic auction.

Website – Electronic auction system www.weekofart.com

Website Unified Payment System – A set of services through which the User/Auction winner pays the sales fee for the artifact using the methods defined in these Terms and Conditions.

Shipping Costs – the cost of delivery of the artifact to the User by a shipping company outside Georgia.

Terms of registration

  1. Any legal entity and an adult physical person can register on the website. Unless, regardless of being of the legal age, the person is incapacitated or disabled, or whose access to the account has been suspended by the Mediator for any reason.
  2. Stages of registration of a physical person:
  • A person who has reached the age of 18 and is able to act in accordance with the Civil Code of Georgia, fills in the following fields in the relevant electronic registration form: “personal number”, “surname”, “name”, “date of birth”, “actual address”, “mobile phone number”, “e-mail address”, “username” and “password”, after which the individual is reads the terms and agrees to them electronically.
  • According to the instructions received in the form of a message on the website, the individual opens the link of the relevant website and fills in the fields required for user activation. With the consent of the citizen of Georgia, in order to identify the personal data provided by him, it is possible to check them in the electronic database. In case of information validity, the User becomes active in the system.
  1. Stages of registration of a legal entity:
  • The person gets acquainted with the terms and agrees to them electronically after which the legal entity fills in the following fields of the electronic registration form: “User name”, “password”, “Authorized person name, surname, personal number”, “email address”, “mobile phone number” and “banking requisites”.
  • The legal entity, according to the instructions fills the relevant information on the   Upon validating the provided information, the User becomes active in the system.
  1. When registering on the website, the User voluntarily provides personal information on a personal account, thus confirming the accuracy of the current information. In case of inaccuracy of the specified information, the Mediator reserves the right to cancel the account, suspend the user from accessing the website without prior notice.

Authorization

The authorization for users registered on the website is possible by entering the user’s email and password in the appropriate form.

Participation in the Auction

  1. After authorization, the User has the opportunity to purchase the artifact posted on the website through an auction.
  2. The terms of purchasing and delivering of artifacts through auction are regulated by the present terms and the Law of Georgia on Protection of Consumer Rights. The User is ready to participate in the auction by following and considering all the conditions defined by the present rules.
  3. The customer can find the Information about the artifact in the auction announcement posted on the website.
  4. The authorized User selects a specific artifact and, if willing, after opening the auction page on the mentioned artifact, the User has the opportunity to participate in the auction. The number of participants in the auction process is not limited.
  5. The User has the opportunity to get acquainted with the information about the auction (prices announced by the auction participants, time, etc.) and to set their own bud taking the relevant step.
  6. The bid made by the User is considered as his/her consent to the purchase of the relevant artifact at a given price. The price can be increased as desired through numerous bids. Each subsequent “pricing” increases the price of the artifact.
  7. The User who makes the highest last bid on the artifact before the end of the auction wins the auction.
  8. The auction is announced finished as soon as its time is up. If any bidder has “set a price” within two minutes before the expiration of the auction, the auction period is extended by two more minutes and so on until the end of the trade.
  9. After the end of the auction, the system sends the relevant notification about the results of the auction to the Auction winners and other auction participants at the specified e-mail addresses and mobile phone numbers.
  10. If the User does not fully transfer the purchase and shipping (if any) costs within 5 hours after winning the auction, the result of the auction will be canceled and the winner will be declared the next participant with the highest bid.
  11. The Auction winner, by paying the amount provided for in paragraph 11 of this Article, also agrees to the terms of the contract, which is an integral part of the present rules.
  12. As the artifact is sold in the form of a public auction, in accordance with the Law of Georgia on Protection of Consumer Rights, the User has no right to withdraw from the contract and request the return of the artifact. 

The Rights of the Parties

  1. The Mediator is authorized to:
  2. A) Change the rules for participating in the auction at any time;
  3. B) Terminate any service due to a technical problem, any error, inaccuracy, illegal actions by the User or any other reason that may harm the Website or the Mediator;
  4. C) Suspend or terminate the User’s authorization on the website, if considered that the User has acted incorrectly;
  5. D) Control all actions from the User and take appropriate measures in case of any violation by the User.
  6. The User is authorized to:
  7. A) In case of winning the auction announced for the sale of the artifact, request its inspection before receiving the artifact, for which he/she shall invite an authorized expert at his/her own expense. If the User does not exercise this right, it is considered that the artifact is flawless and meets the declared conditions;
  8. B) Update his/her personal data indicated during the registration on the website, except for the user name, at any time.

Website Unified Payment System

  1. The sale fee of the artifact purchased through the electronic auction can be paid using various payment methods, namely:
  2. A) Through a banking institution;
  3. B) Payment with the bank plastic card;

Payment method through a banking institution (“Billing”):

  1. A) It is available for the User to pay the sale fee in cash at any branch of JSC “TBC Bank” or through the fast payment machines of the same bank, as a result of which the amount is automatically reflected in the electronic auction system. The amount to be paid through fast payment machines should not exceed 1500 GEL.
  2. B) In order to make a payment, the User must submit the registration data indicated on the website to the bank or enter the data, when making a payment through the same bank’s fast payment machines.
  3. C) In case of payment of the sale fee, the amount is temporarily transferred to the Mediator’s account.
  4. D) The fee for using the mentioned payment form shall be determined by the bank.

The bank plastic card payment method: 

  1. A) An electronic form of payment of the sale fee is available to the User.
  2. B) If one chooses the method of payment with a bank plastic card, the User goes to the relevant payment system, where he/she fills in the bank plastic card data and makes the payment.
  3. C) In case of electronic payment, the User must have an amount on the card account enough to cover the sales fee and the bank fee indicated during the payment procedure. 

Privacy

  1. The User is obliged not to disclose information about his/her password. If for any other reason the password becomes known to another person, the User must change it.
  2. The User is responsible for any action performed in his/her name and with the chosen password.

Additional Terms

  1. If the artifact purchased at the auction is taken out of the country, the Auction winner will be responsible for carrying out the relevant customs procedures. The User is also required to pay for the artifact shipping and insurance (if any) costs.
  2. The risk of accidental loss of the artifact during the shipping of the purchased artifact beyond the borders is transferred to the User from the moment of delivery of the artifact to the shipping company.
  3. The Mediator shall not be liable for the possible consequences caused by the internet interruption or the malfunction/work delay of the technical equipment used by the User while visiting the Website.
  4. Any information is sent to the User via the e-mail address or mobile phone number indicated in his/her personal data on the website; the sent information will be considered as an official message.

Agreement

About assisting the User in purchasing of artifacts through the auction

By agreeing to the terms of registration on the e-auction website, the User agrees to the terms of this Agreement;

The parties to this agreement are: the Mediator and the User;

Mediator:

NPLE Women Entrepreneurs Council in Georgia

ID # 406159696

A/N: GE18TB7306136180100001 USD

e-mail: [email protected]

Georgia, City Tbilisi, Isani-Samgori district, Varketili 3, II

M/D, Block 2, Flat 63

  1. Subject of the Agreement

1.1. The subject of the agreement is to assist the User in purchasing the artifact posted on the Mediator’s website through a public auction and to ensure the delivery of the purchased artifact to the address specified by the User.

1.2. The Mediator is obliged to provide the purchased artifact to the User within 5 working days after full payment (within Georgia); the artifact will be delivered abroad within the time set by the shipping company upon the User’s payment of shipping and insurance (if any) costs.

1.3. In case the User does not receive the delivered artifact on the first try, further delivery is subject to additional reimbursement.

  1. Terms and conditions of payment

2.1. In case of winning the auction, the User is obliged to pay the full costs (both of the purchase and the transportation (if any)) within 5 hours after the end of the auction. Failure to pay within this period will result in the cancellation of the auction result.

  1. Term of the Agreement

3.1. The agreement is valid until the full fulfillment of the obligations assumed by the parties.

  1. Rights and obligations of the parties

4.1. The Mediator is authorized/obliged to:

  • Request timely payment from the User;
  • In case of non-delivery of the item purchased by the User on the first try, request a reimbursement of the cost for re-transportation;
  • Check that the item on the website matches the description;
  • Deliver the purchased artifact (within Georgia) at no extra charge

4.2. The User is authorized/obliged to:

  • Request timely transportation of the purchased artifact;
  • Timely payment of the cost of the purchased artifact and the cost of transportation (if any);
  • Timely collection of purchased artifacts;
  1. Responsibilities of the parties

5.1. The User is responsible for the accuracy of the information provided to the Mediator.

5.2. The Mediator is responsible for the availability of the artifact posted on his/her website and its compliance with the description on the website.

5.3. The risk of accidental loss of the purchased artifact is transferred to the User from the moment of delivery of the item to the address specified by him/her.

5.4. In case the artifact is to be delivered to the User outside the borders of Georgia, the risk of accidental loss of the item is borne by the Mediator before the moment of delivery of the artifact to the shipping company.

5.4. If the artifact is large in size and needs to be delivered overseas, the delivery might be conducted without a subframe.

  1. Legislation and Dispute Resolution

6.1. The current legislation of Georgia applies to the relations provided for in the agreement

6.2. Any dispute arising from this Agreement shall be settled by negotiation between the parties, and in case of disagreement the case shall be referred to the common courts of Georgia.

  1. Final Provisions

7.1. The User is responsible for any actions taken on the website under his/her name and password.

7.2. All messages are considered sent by sending information to the e-mail address or phone number indicated on the User’s personal page.