Trade-in

Public Offer Agreement (Offer) 

1. DEFINITIONS AND TERMS 
Client – fully capable phisical person.
Acceptance – full and unconditional consent (accept) of the Client to enter into the Agreement on the terms specified in this Agreement.
Used Goods – a device that has been in use previously and is suitable for further use in the same condition or after repair.
New Goods – a device that has not been used, or used up to 14 calendar days from the date of purchase and which has no defects in technical condition, appearance, performance, etc.
Contractual value – the value of the Used Goods, determined taking into account its technical condition, by the Parties to this agreement.
Retailer – a retail chain of goods to which the Client has a monetary obligation to pay for a New Goods, and the Company has entered into a Cooperation (Partnership) Contract. The names and details of the Retailer shall be indicated in the Application for acceptance of the Public Offer Agreement (Offer) to this Agreement.

2. SCOPE OF THE AGREEMENT 
2.1. Under this Agreement, the Client sells to the Company a Used Device owned by the Client (hereinafter referred to as the “Used Goods”) and which meets the requirements of this Agreement, and the Company pays the Client the contractual value of the Used Goods by transferring funds to the Retailer in accordance with the application for acceptance to this Agreement (hereinafter - the Application), which is an annex to this Agreement.
2.2. The Client is considered to have fulfilled his obligation to the Company to transfer the Used Goods to it, namely, at the time of the sale of the Used Goods to the Company on behalf of and in whose interests the Retailer acts.
2.3. Before accepting the Used Goods, the Retailer is obliged to diagnose it (check the compliance of the Used Goods with the requirements of this Agreement, its serviceability, technical condition, assessment of appearance, equipment, performance, etc.) and not to accept the Used Goods that do not meet the Agreement.
2.4. The Company is considered to have fulfilled its obligation to the Client to pay for the Used Goods, namely, at the time of receipt by the Client of the New Goods from the Retailer, for partial payment of which the Company transferred the contractual value of the Used Goods on behalf of the Client to the Retailer.
2.5. To sell a Used Goods, the Client shall have full legal capacity and be a person who has reached 18 years of age.

3. ACCEPTANCE OF THE AGREEMENT 
3.1. Unconditional acceptance of the terms of the Agreement is made by signing by the Client application of Acceptance to this Agreement, which is an integral part of this Agreement.
3.2. The date of concluding the Agreement is the date of receipt of the signed application by the Company 

4. PROCEDURE AND CONDITIONS OF BUYING AND SELLING 
4.1. Purchase and sale of used and new goods is carried out in the following order:
4.1.1. The Client, together with the Application signed by him/her on the basis of the Act of Acceptance of Used Goods, transfers the Used Goods owned by him/her to the Company at the Retailer's premises, and the Company in the person of the Retailer acting on behalf and in the interests of the Company accepts the Used Goods.
4.1.2. The Application and the Act of Acceptance of the Used Goods shall indicate the contractual value of the Used Goods to be paid to the Client, agreed by the Parties, based on the technical condition of the Used Goods.
4.1.3. The Client has monetary obligations to pay for the New Goods to the Retailer to whom the application has been submitted, for which the Client in the application instructs the Company to transfer the contractual amount to the Retailer's bank account on behalf of the Client to which the Used Goods are transferred. All bank fees associated with this payment are paid by the Company.
4.1.4. The Company is not responsible to the Client for any issues related to the sale / return / replacement of a New Goods and the quality of such New Goods.
4.2. At the time of submission of the application and transfer of the Used Goods on the basis of the Act of Acceptance, ownership and all risks of the Used Goods pass from the Client to the Company, and return of the Used Goods to the Client will be impossible.
4.3. The Client is obliged to purchase the New Goods only in any store of the Retailer's retail chain specified by him/her in the application. 

5. REQUIREMENTS FOR USED GOODS 
5.1. The Company will purchase only Used Goods that meet all of the following requirements:
5.1.1. be under the Client's ownership and not be encumbered by any rights of third parties;
5.1.2. be in working order (i.e. all functions of the equipment must work in accordance with the indicators and parameters set by the manufacturer of such equipment);
5.1.3. not to have traces of damage by liquid (traces of corrosion);
5.1.4. be without broken, not to have broken connectors for charging the device;
5.1.5. not to be blocked by the operator;
5.1.6. not to be wanted;
5.1.7. the display of the equipment must be free of stains, cracks, vertical or horizontal stripes, dust under the glass;
5.1.8. be without set passwords and codes on the equipment;
5.1.9. be without accounts;
5.1.10. be in the possession of the Client. If possible, the Client must document the usability of the Goods (for example, a receipt for the purchase of the Used Goods containing the date of its purchase and / or the Client's application or other document). 5.1.11. The device display should allow diagnostics. The display of the device may also be damaged, although it should be possible to diagnose. 

6. CONFIDENTIALITY 
6.1. Information that became known to the Parties about each other's activities in the relationship during the conclusion and implementation of this Agreement, as well as information related to the subject of this Agreement or related to its conclusion or implementation, is confidential.
6.2. Confidentiality within the meaning of this Agreement means the inadmissibility of disclosing relevant information to third parties without the written consent of the other Party.
6.3. The Parties undertake not to use the information that became known to them in connection with the conclusion and / or implementation of this Agreement to the detriment of each other. 

7. PROCESSING OF PERSONAL DATA 
7.1. By signing the Application, the Client gives informed and voluntary consent to the Company and the Retailer to process its personal data specified in the application and other documents transmitted by the Client and signed by the Parties in the course of this Agreement, i.e. automated, non-automated and mixed processing, including collection, registration, accumulation, storage, adaptation, modification, renewal, use, depersonalization, destruction and dissemination (dissemination, sale, transfer) of personal data (i) on public communications networks, (ii) on international information and telecommunications networks information exchange, including foreign subjects of relations related to personal data, as well as consent to receive personal data of the Client from any legal sources, including from itself and from third parties, in the amount of information provided / received under this Agreement and necessary for the implementation of this Agreement.
7.2. By signing the Application, the Client agrees to transfer his personal data to a third party - a banking institution specified in the Company's details, for settlements between the Parties to this Agreement and to the extent necessary for their implementation, as well as the transfer of personal data to affiliates ( related) to the Company, legal entities and managers of the Company in order to comply with the terms of this Agreement.
7.3. Processing and storage of the Client's personal data is carried out throughout the term of the Agreement.
7.4. This consent may be revoked by the Client at any time by written notice of revocation sent by registered mail to the Company.
7.5. The revocation of this consent shall take effect from the date of delivery of the relevant notice to the Company. 

8. WARRANTIES AND LIABILITY 
8.1. By concluding this Agreement, the parties certify that:
8.1.1. they do not conceal circumstances that are material to this agreement;
8.1.2. the conclusion of this agreement will not violate the rights and legitimate interests of others, including minors, disabled children and other persons whom the parties are obliged to maintain by law or contract;
8.1.3. the contract is not concluded under the influence of difficult circumstances for them;
8.1.4. they are not declared incapable or partially incapable;
8.1.5. the conclusion of the contract meets their interests;
8.1.6. expression of will is free, conscious and corresponds to their inner will;
8.1.7. the terms of the contract are clear and correspond to the actual agreement of the parties;
8.1.8. the contract does not hide another transaction and is aimed at the actual occurrence of the consequences that are stipulated in it;
8.2. At the time of concluding this Agreement, the Client is aware of the significance of his actions and can manage them, as well as understands the nature of this transaction.
8.3. In case of breach of the Agreement, the Party that violated shall be liable under this Agreement and the current legislation of Georgia.
8.4. Violation of the Agreement is its non-performance or improper performance, ie performance in violation of the conditions specified in this Agreement.
8.5. The Party shall not be liable for breach of the Agreement if it occurred through no fault of its own (intent or negligence).
8.6. In case of violation by the Client of the guarantees specified in this section, the Client is obliged to reimburse the Company for damages in full. 

9. TERM OF THE AGREEMENT. CHANGES TO THE AGREEMENT 
9.1. This Agreement shall enter into force upon its acceptance by the Client and shall remain in force until the Parties have fully fulfilled their obligations under this Agreement.
9.2. The Company has the right to change the terms of this Agreement. If the Agreement is accepted, then the version of the Agreement in force on the date of acceptance is valid