Consumer rights

Defective goods / poor-quality service: what to do under Georgian law

What to do with defective goods or poor-quality services: the order of remedies, who must prove a defect and within what time, and the route from claim to the Agency to court.

What to do

  1. Classification: consumer (personal use) ↔ seller-entrepreneur; goods or service; new or used. For a defect, you may require free repair or replacement, a price reduction, or termination of the contract (Law of Georgia on the Protection of Consumer Rights, Art. 17).
  2. Proof and deadlines: a defect identified within 6 months of receipt is presumed to have existed at the time of transfer, unless the seller rebuts this (Consumer Rights Law, Art. 20). After 6 months the buyer must prove it (Art. 20). Rights apply if the defect is identified within 2 years of transfer (Art. 20). For used goods the 2-year rule does not apply: liability is determined by agreement of the parties (Art. 20).
  3. Order of remedies: repair and replacement come first (Consumer Rights Law, Art. 17). A price reduction or termination of the contract is available if repair or replacement is impossible, is not carried out within a reasonable time, or causes significant inconvenience (Art. 17). For a minor defect, termination is not possible (Art. 17). For services: after an unsuccessful additional period, the defect may be remedied by another person at the provider’s expense, or you may claim a price reduction or terminate with damages (Art. 18).
  4. A “non-warranty case” does not cancel the law: a warranty condition restricting the consumer’s statutory rights is void (Art. 19). Return of a non-defective item from an ordinary shop: withdrawal without reason within 14 days applies only to distance and off-premises contracts (Art. 13).
  5. Procedure: written claim with a demand and a deadline → complaint to the Competition and Consumer Protection Agency (კონკურენციისა და მომხმარებლის დაცვის სააგენტო) or to the sector regulator (Art. 28). The Agency examines violations of the rights of a group of consumers (Art. 30). The complaint must be filed within 2 years of the violation (Art. 31) → lawsuit (contractual claims are subject to a 3-year limitation period (Civil Code of Georgia, Art. 129)).
  6. Where to apply: the seller (claim) → Agency → district (city) court; mediation and arbitration are also possible.
  7. Evidence: receipt; date of receipt; warranty card; photo or video of the defect; service act; correspondence; expert examination if disputed.
  8. Pitfalls: demanding money immediately, bypassing repair or replacement; missing the six-month threshold of the presumption; expecting the Agency to refund your money, since an individual dispute is decided by a court.

Be sure to check

  • hierarchy of remedies: repair/replacement → price reduction/termination of the contract
  • 6 months — the seller bears the burden of proof; 2 years — the time limit for identifying the defect
  • a commercial guarantee does not limit statutory rights
  • procedure: claim → Agency/regulator → court

Provisions in force (texts in Georgian)

Law of Georgia On the Protection of Consumer Rights

საქართველოს სამოქალაქო კოდექსი

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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