Welcome to the Buildy Mobile App
This document provides Terms and Conditions that govern use of the Buildy mobile application. You can explore essential information regarding the rights and obligations of you as the user, and Buildy.
- Key Terms
“Account”
a user profile, created after signing up to Buildy mobile app.
“App”
means mobile application – Buildy available via App Store or Google Play.
“User”
refers to any person, above 18, registered in the application in accordance with the procedure outlined in these Terms and Conditions.
“Product”
refers to any item available for purchase within the Mobile App. The singular use of the term "Product" encompasses the plural, and vice versa, the plural reference, includes the singular.
“Refund“
refers to an amount to be reimbursed by Buildy to the User, in the event of a modification or cancellation of an order. The Refund amount does not include any taxes, service provider and/or a bank commission.
“Order Confirmation Letter“
refers to the notification from Buildy to the User communicated via email or the App confirming that the products is in stock and the order/purchase is cofirmed, upon which ownership titile overof the Product is transferred to the User.
“Us” or “Buildy”
refers to Digital Construction LLC, a Limited Liability Company organized and existing under the laws of Georgia
“Terms and Conditions”
means this document
- ABOUT US
- The App enables the User to purchase and receive the Product listed in the App at the address specified by the User.
- The App is owned and managed by Digital Construction LLC (Registered address: Georgia, Tbilisi, Saburtalo district, Aleksandre Kazbegi Ave, N 29a, apartment N53).
- In case of any issue (including concerns and/or questions) please reach out to our customer support team at:
E-mail - [email protected]
Actual Address - 61 Davit Aghmashenebeli Ave, Tbilisi
Mobile number - 591 09 99 94
- GENERAL PROVISIONS
- Please read this document thoroughly before registering in the App. It is recommended to familiarize yourself with this document in a material form.
- By registering in the App, you acknowledge that you have read, understood, and agreed to the Terms and Conditions, their use, and applicability to you. Please do not register or use the App if you do not agree with the Terms and Conditions.
- REGISTRATION
- To purchase a Product in the App, you must first register. Registration on the platform can be completed both prior to and during the Product purchase.
- To register in the App, you must first click to the “Login” button from the menu, then “Registration” and fill out the registration form.
- The following personal information shall be indicated in the registration form:
- First and Last name
- E-mail
- Mobile Number
- Actual Address
- Password
- For registering a legal entity, the business name and identification number shall be also indicated.
- Prior to the registration, a person should tick all relevant boxes verifying that:
4.5.1 a person is 18 or older;
4.5.2 has read, understood, and agreed to the Terms and Conditions.
- After creating the Account, the User can edit the information provided in the registration form at any time.
- You can register in the App using your profiles at:
- For enhanced security, we recommend you to avoid using the same credentials as those used on other platforms. Buildy is not responsible for the security of the Account in any situation.
- By registering in the App, the User confirms and guarantees that:
- any and all information provided to Buildy at any time is complete and accurate.
- will protect and maintain the confidentiality of Account data.
- will restrict third-party access to the Account.
- Upon completing the registration process, the user’s intent for registering in the App is subject to verification by Buildy. Once the verification process is completed (whether the outcome is positive or negative), the User will receive a notification via mobile number and/or e-mail.
- If the User provides, including but not limited to, incorrect, false, intentionally misleading, or questionable information, Buildy reserves the right, at its sole discretion, to promptly suspend or terminate the User’s access to the Account with notification sent to the User via email.
- NOTIFICATIONS
- By registering in the App, the User agrees to receive notifications from Buildy.
- Communication with the User is conducted electronically, including through e-mail and/or App notifications. Electronic communication is considered an official form of communication. For the purposes of this Clause, Buildy is authorized to keep and use the User’s personal data for the purposes of direct marketing offers.
- The User can define the conditions for receiving notifications, order history, and location processing/sharing at any time via "Settings" in the App.
- Regarding receiving electronic messages/notifications:
- By ticking the relevant box in the App, the User may not grant Buildy the right to send news, notifications to the User, as permitted under applicable law.
- By ticking the relevant box in the App, the User does not grant Buildy the right to send the User information about the order history obtained and processed in accordance with the applicable law.
- By sending a disconnection notification to the address specified in the Company's SMS or email, the User does not grant Buildy the right to send the User any information obtained and processed within the scope of the applicable law.
- Users can share their location by selecting one of the following options:
- Buildy shall not have the authority to collect location information.
- Buildy shall have the right to gather information about the User's location only when the User is using the App ; and
- Buildy shall have the right to collect the User's location information at any time.
- By registering in the App, the User agrees to subscribe to advertising services and news. The User can cancel this subscription through the App's "Settings" option.
- PRODUCT PURCHASE CONDITIONS
- To purchase the Product, the User must place an order. The order placement process is followings:
- After selecting the desired Product in the App, the User will place the Product in the virtual cart.
- After confirming the Product in the virtual cart, the User should select whether the User wants to buy additional services (along with the shipping) including the Product delivery to the specified facility.
- After confirming the Product in the virtual cart, the User is required to pay the corresponding fee on the payment page (for more information, see the payment conditions). The payment confirmation appears on the screen in the form of a payment confirmation message.
- After completing payment, the User's intention to purchase the Product is considered to be expressed. However, for order placement to be deemed completed, Buildy must verify the order, including the availability of the Product in stock, via app and/or App notification. To avoid confusion, the User's order is not considered to be verified and does not oblige or otherwise bind Buildy unless confirmed by notification.
- After Buildy confirms the User's order, ownership of the purchased Product is transferred to the User.
- The Order Confirmation Letter shall contain at least the following items:
- Description of the Product (including a list);
- The cost of delivering a Product to the specified address;
- Reasonable time of Product delivery;
- Cost of a Product without a delivery fee;
- Delivery fee;
- the cost of delivering the product to the facility, if any;
- Buildy reserves the right to refuse or cancel the User's order without any liability, in case of fraud, unauthorized, or doubt about the legality of the transaction.
- CHANGING OR CANCELING A PLACED ORDER
- The User can track the status of their order from the App.
- From the moment the User expresses the intent to purchase the Product until the receipt of the Order Confirmation Letter, the User has the right to amend or cancel the order using the "Change" option on the order page.
- If the price of the changed Product:
- exceeds the price of the Product in the previous order, the User is required to pay the surplus between the amended order’s price and the initially placed order’s price on the payment page.
- is less than the initially placed order, the User is required to request a Refund via e-mail. Upon requesting a Refund, the User will receive the Refund amount to the bank account indicated at the time of payment within 3 (three) working days.
- In case of cancellation of the order by the User, the User is required to request a Refund via e-mail. After requesting a Refund, the User will receive the Refund amount to the bank account indicated at the time of payment within 3 (three) working days.
- PAYMENT TERMS
- Payment can be made only through advance cashless methods.
- To make a payment, the User enters the card information on the payment page.
- The payment of the amount is confirmed by the relevant payment service provider.
- Buildy is not responsible for any actions taken during the payment process.
- PRODUCT DELIVERY CONDITIONS
- The purchased Product is delivered to the address specified by the User.
- The purchased Product can be delivered to any address in Tbilisi.
- The User is solely responsible for ensuring the accuracy of the provided address and accuretly marking the location on the map. Any additional information can be entered in the comment area. In any case, Buildy is not responsible for any obligation (including any obligation for additional charges) arising from the User providing an incorrect or inaccurate address.
- When placing the order, the User is required to verify the accuracy of the provided address and ensure that reaching the provided address does not involve difficulties hindering the delivery and/or transportation of the product to the designated floor. This includes, but is not limited to, having an accessible road and an operational freight elevator. In case such difficulties impede the Product’s delivery to the specified address, the User can provide an alternative address where they can personally pick up the Product.
- If the User is not at the specified address and cannot be reached within 5 (five) minutes despite 3 (three) attempts to contact them, and/or despite contact, the User does not accept the Product within the next 5 (five) minutes after contact, Buildy is released from the obligation to deliver the Product.
- If the User cannot be reached, the User is obligated to reimburse Buildy for any and all costs, expenses, damages, or other expenses incurred in returning the Product.
- Following a failed attempt to contact the User, the User can reach Buildy within 3 (three) days and express their willingness to accept the order. In this case, Buildy is responsible for any and all costs associated with re-delivering the order.
- After failed attempts to contact the user, the order is not accepted within 3 (three) days, the order will be deemed canceled.
- Articles 9.7-9.8 of these Terms and Conditions do not apply to products that are perishable and/or have to be delivered to the User within a specific time frame.
- The Product can be delivered on both business and non-business days.
- The cost of delivering the Product to the address is determined based on the price and weight of the Product. The User will receive information about the cost in the Order Confirmation Letter.
- The Product is delivered within the time frame specified in the Order Confirmation Letter. Delivery times may vary.
- The User can track the status of his order from the App.
- After the product is delivered, Buildy or its representative is not required to carry it to the specific floor (unless the User requests such service) to assemble it, or to provide product instructions to the User.
- Product Return Policy
- The purchased Product is eligible for return within 14 calendar days of receipt by the User.
- If the user returns the product, Buildy will issue a full refund, unless the User has chosen a more expensive delivery service than the standard option or if the price of the Product has been reduced due to a benefit unrelated to determining the nature, characteristics, and functionality of the goods.
- In the event of returning the purchased Product, the User is required to deliver the returned product to the address predetermined by Buildy and cover any cost related to the return of the Product. In any case, the Company is not responsible for insure a product return process.
- If a Product is defective and needs to be returned, Buildy will cover any costs related to returning the Product.
- When returning the Product, the User shall provide:
- purchase order;
- receipt of payment;
- reason for returning the Product.
- When returning the Product, the User is obliged to return the Product in its original condition, without any defect or alteration.
- ACCOUNT DEACTIVATION
- The User can deactivate the Account at any time by using the "Settings" option in the App.
- Furthermore, Buildy reserves the right to instantly suspend and/or cancel any Account on the App for any reason upon notification, including misleading, fraudulent, or illegal use, or if the User employs their Account in a manner that violates these Terms and Conditions.
- Regardless of the deactivation/cancellation of the Account by Buildy for any reason, Buildy is authorized to process or use the User's personal data for marketing purposes in accordance with the laws of Georgia.
- In the event of registration cancellation, the User can send an email to Buildy's customer support team requesting the data to be forgotten/destroyed and prohibited from use. Upon receipt of such notice, Buildy will promptly delete the User's personal information and cease sending marketing notifications.
- TERM OF VALIDITY
- The Terms and Conditions enter into force upon the User creating an Account through registration and remain in force until the User's Account is deactivated.
- REFUND
- In case of returning the Product, canceling the order, or for any other reason in accordance with these Terms and Conditions, the User will receive the Refund within 3 (three) days.
- The Refund is the amount to be reimbursed by Buildy in the event of a change or cancellation of an order by the User, which does not include any and all payment, service provider, and/or bank service fee.
- User will receive the Refund amount to the bank account indicated at the time of payment.
- LIABILITY
- The Product presented in the App is given "as is," and Buildy offers no implied or express warranties of any kind. Furthermore, Buildy makes no implicit or express assurances as to the accuracy or reliability of the materials in the App or on any associated websites.
- Buildy does not guarantee the accuracy or validity of the content within the App.
- Buildy is not responsible for the App's ongoing availability and does not guarantee that it is free of software bugs, viruses, or other defects.
- If Buildy is found to be liable, Buildy's responsibility is limited to the cost of the disputed Product.
- Buildy shall not be liable for damages arising from the negligence of Buildy, its employees, or its agents (including lost profits, and indirect damages).
- Buildy has not thoroughly reviewed all of the websites associated with the App and is not responsible for their content.
- CONFIDENTIALITY
- The information provided by the User during registration is considered confidential.
- User information is accessible only to courier service providers for the sole purpose of ensuring the delivery of orders.
- In certain cases permitted by Georgian legislation, the sharing of their personal data may be required.
- Buildy is authorized to share the User's information with advertising service providers for marketing purposes, with the primary goal of serving the best interests of the User and enhancing Buildy's services.
- INTELLECTUAL PROPERTY
- The materials within the App are protected by copyright and trademark law. Any usage of copyrighted and trademarked objects in the App without Buildy's prior written approval is strictly prohibited.
- No intellectual property rights are transferred to the User by purchasing a Product through the App.
- Violation of any provision of this clause entitles Buildy to request recovery of any and all damages, costs, or expenses as well as to request payment for the penalty equal to 0.1% of the total damage caused by the violation.
- AMENDMENTS
- Buildy reserves the right to amend the Terms and Conditions at any time at its sole discretion. It User's responsibility to regularly review the Terms and Conditions. Following such changes, the User's continued use of the App and taking any action within it will constitute the User's acceptance of the amended Terms and Conditions.
- APPLICABLE LAW AND DISPUTE RESOLUTION
- These Terms and Conditions, as well as any dispute or claim arising in connection with them or their subject matter, shall be governed and construed in accordance with the laws of Georgia.
- In the event of an incident, the User can contact the customer support team directly from the App, and as a result of direct and immediate communication, the team will take all necessary steps to investigate and resolve the issue promptly.
- Each party consents to the exclusive jurisdiction of the courts of Georgia to settle any dispute or claim between them arising out of or pertaining to these Terms and Conditions.