TERMS AND CONDITIONS
for the supply of services
Version as of June 2, 2023These Terms and Conditions (hereafter referred to as the "Agreement") establish the rules for using the website www.mygeo.wine (hereinafter referred to as the "Website") and create a contract between Julia and Benedikte Winery LLC, legal address: Georgia, Tbilisi, Vake district, Shalva Nutsubidze slope, IV m/d, building 35, Apt. 9; identification number: 405540972, registered in accordance with the legislation of Georgia (hereinafter referred to as the "Administration") and any individual, the user of the Website (hereinafter referred to as the "User").
1. General Provisions.
1.1. The following definitions and rules of interpretation apply in these condition:
- "User" — a capable individual who has joined this Agreement for oneself own interest or acts on behalf and in the interests of the represented entity;
- "Administration Website/Website" — Internet Website(s) located at the domain www.mygeo.wine and its subdomains;
- "Right of Use" — a set of services provided to the User through the use of the Website;
- "Service Package" — a detailed description of the Right of Use;
- "Agreement" — this document, along with all its amendments, modifications and mandatory documents referred to therein.
1.2. This Agreement may use other terms and definitions not specified in section 1.1 of the Agreement. In such cases, the interpretation of such terms shall be in accordance with the text of the Agreement. In the absence of a clear interpretation of a term or definition in the text of the Agreement and other documents constituting the contract under the terms of the Agreement, the interpretation defined primarily by the legislation of Georgia shall be followed.
1.3. Acceptance of the Agreement is made by the User through the performance of conclusive actions (actual) that indicate oneself intention, will and desire to use the Website. In particular, such conclusive actions include the User providing oneself data to the Administration using the Website and/or the actual use of the Website in any permissible manner.
1.4. The User's application of the Right of Use in any manner and through any means within the declared functional capabilities, including:
- viewing materials posted on the Website;
- placing an order to purchase the Service Package.
1.5. A compulsory condition for using the Website is the full and unconditional acceptance by the User of the terms of the following documents (referred to as the "mandatory documents" in this Agreement):
1.5.1. Privacy Policy, posted and/or available on the Website on the Internet.
1.6. By availing oneself of any of the opportunities specified in section 1.3. to access the Website, the User confirms that:
- has familiarized oneself with the terms of this Agreement in its entirety before commencing the use of the Website/services;
- accepts all the terms of this Agreement in its entirety without any exceptions or limitations and undertakes to comply with them or cease using the services. If the User does not agree with the terms of this Agreement or is not authorized to enter into a contract based on them, the User should immediately cease any use of the Website/services;
- the Agreement, including its related mandatory documents, may be amended by the Administration without any special notice to the User. The new version of the Agreement and/or the specified mandatory documents come into effect from the moment of its placement on the Website or notification to the User through another convenient means, unless otherwise provided in the new version of the Agreement and/or the specified mandatory documents.
1.7. This Agreement is considered as an offer. The agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
1.8. The actual version of the Agreement is available on the Website on the Internet.
2. Procedure for Obtaining Service Packages Posted on the Website.
2.1. In order to obtain the Service Packages posted on the Website, the User undertakes to provide accurate and complete information about oneself in response to the questions presented in the form for obtaining the Service Packages posted on the Website and to keep this information up-to-date. If the User provides inaccurate information or if the Administration has reason to believe that the information provided by the User is incomplete or untrue, the Administration reserves the right, at its discretion, to terminate the Agreement with the User without any adverse consequences for the Administration.
2.2. The Administration reserves the right, at any time, to request the User to confirm the data provided when obtaining the Service Packages posted on the Website and, in connection with this, to request supporting documents (including documents verifying identity). Failure to provide such documents, at the discretion of the Administration, may be considered as providing inaccurate information and may lead to the consequences outlined in clause 2.1 of the Agreement. If the User's data stated in the provided documents does not correspond to the data provided when obtaining the Service Packages posted on the Website or if the data provided when obtaining the Service Packages posted on the Website does not allow for user identification, the Administration may apply the measures specified in clause 2.1 of the Agreement.
2.3. By providing information (including personal and private data), the User agrees and grants the Administration the right to process them in accordance with the law on personal data protection and in accordance with the Privacy Policy.
3. Procedure for Using the Website/Service.
3.1. The User has the option to purchase Service Packages according to the description on the Website. The details of the selected Service Packages and the final cost are provided to the User in the form of an invoice for payment. The obligations of the Administration must be fulfilled to the User in accordance with the information stated in the paid invoice.
3.2. The Administration reserves the right, at any time and at its discretion, to modify the characteristics of goods and services. This rule does not apply to already ordered and paid services.
3.3. The User undertakes to:
- provide accurate information requested by the Administration for the purpose of service provision and to keep it up-to-date;
- not to violate or interfere with the operation of the Administration.
3.4. The Administration has the right to:
- create, modify and cancel rules at its discretion and as necessary;
- restrict access to any information on the Website;
- create, modify and delete information;
- delete user data;
- refuse to provide Service Packages posted on the Website without providing reasons.
3.5. After placing an order and paying the invoice, the User has the right to:
3.5.1. visit the area where the rented vines are located (at a prearranged, convenient time for all participants in the process);
3.5.2. have a video call with a representative of the Administration for inspecting the rented vines (at a prearranged, convenient time for all participants in the process);
3.5.3. receive regular informational updates on the process of cultivation and harvesting of grapes, as well as the preparation and storage of wine;
3.5.4. contact the Administration for other inquiries to obtain additional information.
3.6. In order to ensure the fulfillment of its obligations, the Administration has the right to:
3.6.1. require the presence of a technologist during the User's visit to the vineyard;
3.6.2. independently determine all aspects of grapevine cultivation and care, wine production and delivery, as well as communications;
3.6.3. declare quarantine;
3.6.4. not allow changes to the care and production technology;
3.6.5. publish information about lessees, including oneself surname and first names, in the public information field.
4. Financial Conditions.
4.1. The Administration sets the prices of goods and services by publishing them on the pages of the Website. The User may be eligible for a discount when paying for an order, in the manner and on the terms determined by the Administration.
5. Responsibility and Guarantees.
5.1. The Administration shall not be held liable for any breach of the terms of this Agreement if such breach is caused by force majeure circumstances, including but not limited to: actions of government authorities, fire, flood, earthquake, hail, drought, other natural disasters, strikes, civil unrest, riots and any other circumstances beyond the control of the Administration that may affect the performance of the terms of this Agreement.
5.2. The Administration shall also not be liable for non-performance or improper performance of obligations under the Agreement, as well as for possible losses arising, including but not limited to:
- unlawful actions of third parties aimed at violating information security or normal functioning of the Website;
- establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations and/or imposition of one-time restrictions by such entities that hinder or make it impossible to fulfill the Agreement or its part.
5.3. All disputes arising from the legal relations under this Agreement shall be resolved through negotiations. In the event that the Parties do not reach a resolution of their disputes during the negotiations, such disputes shall be submitted for consideration to the relevant court of Georgia at the location of the Administration, with mandatory observance of the pre-trial claim procedure. The response period to the claim is 1 (One) month.
5.4. If a technological or other error is made that resulted in damage or risk of loss of a vine, the Administration shall replace it with a new one with the most similar characteristics. If replacement is not possible, the Administration shall produce wine that closely matches the characteristics of the wine the User was supposed to receive.
5.5. The User may order the lease as a "gift." In this case, the payment for the service is made by one person (the donor), while the recipient of the service is another person (the donee). The recipient's surname and name are placed on the vines and on the final wine bottles according to the Service Packages.
6. Conditions for the Validity of the Agreement.
6.1. This Agreement comes into effect upon placing an order for the Service Packages posted on the Website.
6.2. The Administration has the right to unilaterally modify the terms of the Agreement. Such changes come into effect from the moment of publishing the new version of the Agreement and/or Service Packages. However, orders that have already been placed will be executed based on the terms of the Agreement that were in effect at the time of payment for the order.
6.3. If the User does not agree with the terms of the new version of the Agreement, they shall discontinue using the Service Packages.
7. Intellectual Property.
7.1. The Administration is the owner of the intellectual property objects used for the operation of the Website, including, but not limited to texts, photographs, videos, graphic images, audio content, trademarks and trade names, which are protected in accordance with the Civil Code of Georgia.
7.2. The Administration grants the User the right to use the intellectual property objects mentioned in clause 7.1. solely for personal non-commercial purposes.
7.3. Any commercial use of the intellectual property objects specified in clause 7.1. of this Agreement is prohibited and will result in civil, administrative and criminal liability as provided by the legislation of Georgia.
8. Final Provisions.
8.1. This Agreement is governed and interpreted in accordance with the legislation of Georgia. Matters not regulated by this Agreement shall be resolved in accordance with the legislation of Georgia. All possible disputes arising from the relations governed by this Agreement shall be resolved in the manner established by the current legislation of Georgia, based on the norms of Georgian law. Throughout this Agreement, unless expressly stated otherwise, the term "Legislation" refers to the legislation of Georgia.
8.2. If for any reason one or more provisions of this Agreement are found to be invalid or without legal force, this shall not affect the validity or applicability of the remaining provisions of the Agreement.
8.3. The Administration's inaction in case of violation of this Agreement by the User or other Users does not deprive the Administration of the right to take appropriate actions to protect its interests in the future, nor does it imply a waiver by the Administration of its rights in case of subsequent similar or related violations.
8.4. The User confirms that oneself has read all the provisions of this Agreement, understands them and unconditionally accepts them.
9. Information about the Website Owner.
Julia and Benedikte Winery LLC
Identification number: 405540972
Legal address: Georgia, Tbilisi, Vake district, Shalva Nutsubidze slope, IV m/d, building 35,
Apt. 9
Actual Vineyard Address: Maghraani, Akhmeta Municipality, Kakheti, Georgia
Email: info@mygeo.wine
Phone: +995 598 77 33 88