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Terms & Conditions

Date of Publication: 01.09.2021

We, who offer you plant protection products, pesticides, fertilizers, organic products, seeds and agrotechnics (hereinafter separately referred to as the „Product“ and jointly as the „Products“) and terms and conditions (hereinafter the “Terms and Conditions”) of purchasing and supplying the Products (hereinafter the “Services”) placed on this website: www.baraka.ge (hereinafter referred to as the “Website”) are BARAKA LLC, a limited liability company incorporated and registered under the laws of Georgia with the identification number: 205218236 (hereinafter referred to as “Baraka” or “We” or  “Us”).

These Terms and Conditions constitute a legally binding agreement between you (hereinafter referred to as the “Customer” or “You)” and Baraka, governing terms and conditions of Services and privacy policy offered by Us.

To use the Services accessible through the Website, You must carefully read and accept the present Terms and Conditions. If you do not agree with any of the terms or conditions determined herein, please, do not accept it, in which case, you should consider that you will be unable to register on the Website, create an account and purchase and receive the Product. 

If you have already registered on our Website and created an account, this implies that you have already accepted the Terms and Conditions effective on the date of your registration on the Website. 

  1. The Service and the Terms Governing its Use
    1. Our Services include the following: The Customer can purchase the Products that are available on our Website after registering and creating an account on the Website. After selecting and paying for the chosen Products, the Customer may receive the Products with a delivery service or pick-up the purchased Products from one of our stores.
    2. In order to use the Services, a Customer is required to register on the Website and create a personal account. To create an account, the Customer is required to provide his/her first and last name, his/her personal identification number, his/her email address, and his/her phone number. By registering on our Website, the Customer automatically agrees to our Terms and Conditions, which is accessible via a link integrated in the registration form.
    3. Once the registration process is completed, the Customer may select Product(s) e and add them to the shopping cart for purchase. Once the Product(s) is added to the shopping cart, the Customer is directed to the payment section, where the Customer may complete the payment transaction and purchase the Product(s).
    4. The ownership right on the Product (s) is transferred to the Customer upon the moment of their receipt by the Customer from the Company. 
  1. Terms of Payment between Baraka and the Customer
    1. The Customer can make a  purchase of the Product(s) using a credit card which is deemed as a consent to the the present Terms and Conditions.
    2. When paying via credit card, Baraka is the receiver of the transfer.
    3. Payment to Baraka can be proceeded in the following methods:
      1. Via any credit card on the website; or
      2. Online instalment.
  1. Terms of Online Installment
    1. The Product(s) may be purchased in installments by obtaining a loan (hereinafter referred to as “Online Installment“) from JSC Microfinance Organization “Crystal” (hereinafter referred to as “Crystal”).
    2. In order to purchase the Product(s) via Online installments, the Customer is required to complete the application accessible on the following link: loan.cystal.ge  and consent to Crystal to check the Customer’s personal data in JSC “Creditinfo in Georgia”. Once the Customer’s personal data is examined by Crystal in JSC “Creditinfo in Georgia“, the representative of Baraka will contact the Customer at the telephone number provided by the Customer to Baraka in order to obtain any additional information from the Customer and tranfer it to Crystal. 
    3. Crystal evaluates the Customer’s application and if it satisfies the Customer’s request for the Online Installment, it will contact the Customer to introduce the financial terms, fill out the application form, conclude a loan agreement and purchase the Product(s) in installments, as agreed between the Customer and Crystal.
    4. The Customer acknowledges that the price of the Product(s) purchased via Online Installment will be transferred to Baraka’s bank account by Crystal.
  1. Delivery Service 
    1. If the Customer is willing to use Our delivery service, after selecting the Product(s) and adding them to the shopping cart, the Customer should additionally indicate the address where the product(s) should be delivered, on the payment section of the Website. The recipient of the Product may be an account holder, or any other person whose information the Customer has indicated in the delivery service application.
    2. Delivery of the Product(s) is available within the territory of Georgia. The cost of delivery service is calculated per each individual case which will be indicated in the payment section once the Customer specifies that he/she wishes to use the delivery service. You will receive the Product(s) at the specified address within no later than 10 (ten) days after submitting the appropriate purchase request and making the payment.
    3. The cost of the delivery service will be added to the fee of the Product(s) purchased by the Customer in the payment section. 
  1. Representations and Warranties
    1. Baraka certifies and warrants that each Product listed on the website is in compliance with the requirements set forth under the laws of Georgia.
    2. Baraka certifies and warrants that each Product listed on the website is fit for and in compliance with the quality standards set forth under the laws of Georgia.
    3. If the Product(s) purchased by the Customer turns out to be damaged and/or faulty, the Customer is entitled to request Baraka the replacement of the Product(s) with identical Product(s) or if such replacement is not possible, the Customer is entitled to request the refund of the paid Product(s) fee. The Customer is required to provide the damaged and/or flawed Product(s) to Baraka’s store where the provided Product(s) will get checked and if determined that there is a damage and/or defect to the Product(s), Baraka will replace the Product(s) or refund the Customer the paid product fee. 
  1. Collecting and Processing of Customer’s Personal Data upon Registration on the Webiste
    1. Upon registration on the website, the Customer provides Baraka with personal data including his or her Name, Surname, E-mail Address, Identification Numer, Telephone Number and Address (if using the delivery service) under the registration application form. By registering on our webiste the Customer automatically consents to Baraka to store and use the provided data for purpose of providing its Products to the Customer in the future. The Customer is entitled to revoke its consent at any time by sending a withdrawal request on the following e-mail: [email protected] or by deleting  its registered account on the website.
  1. Data Protection 
    1. Baraka uses technological and organizational safety measures in order to protect the Customer’s personal data against accidental or deliberate loss or destruction or access by unauthorized persons. Baraka permanently updates its safety measures in accordance with the technological advancements. Baraka uses only those authorized persons who provide a sufficient warranty that appropriate techonological and organizational safety measures are in place to ensure that processing complies with the effective personal data protection requirements and safeguards Customer’s rights. The authorized persons process personal data solely in accordance with the instructions of Baraka. 
  1. The Duration of Storing the Data
    1. Baraka processes and stores the personal data for the duration necessary to attain the purpose of such processing or for the duration and to the extent mandatorily required by law for processing and/or storage of such data by Baraka. If the purpose of processing no longer exists and the period determined by law for retaining such data has expired, Baraka will routinely delete the data or limit the processing of the data in compliance with the effective mandatory provisions set forth under the law. 
  1. Use of Cookie Files
    1. Our Website uses cookie files in order to make available personalized functions and analyze your use of our Website. A cookie is a small file, which stores certain information about the user’s access device (PC, Tablet, Smartphone etc.) on such device. When such device accesses our server’s Website, the server receives such cookies. The server can evaluate the information stored in the cookie by different methods. Cookies enable us to remember the Customer’s choice to automatically log you into our management panel to make the service more comfortable for user. You may activate or deactivate cookies via your browser settings. However, if you disable cookies you may potentially become unable to use all interactive functions of our Website.
  1. Governing Law and Dispute Resolution
    1. Present Terms and Conditions shall be governed and interpreted under the law of Georgia.
    2. Any dispute that  arises out of or in connection with this Terms and Conditions between the Customer and Baraka or is related to its violation, termination or annulment shall be settled by the common courts of Georgia. 
  1. Amendments and Additions
    1. Baraka is entitled to make amendments to this Terms and Conditions at any time. The updated version of this Terms and Conditions will be published on the Website with the indication of its publication date which will also be deemed as its effective date. We may notify the Customer regarding the amendments to the Terms and Conditions. We recommend the Customer to periodically check and review the status of any revisions to the Terms and Conditions. 
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