Bought from an Instagram/Facebook shop: prepayment, nothing delivered or wrong item: what to do under Georgian law

What to do

1. Who the seller is: a trader is any person acting within commercial activity; no registration is required — a page that sells regularly falls under this (Law on the Protection of Consumer Rights, Art. 4); a contract concluded by correspondence, without meeting, under an organised distance-selling scheme is a distance contract (Law on the Protection of Consumer Rights, Art. 4). Before concluding the contract, the trader must disclose its name (business name) and address (Law on the Protection of Consumer Rights, Art. 5); the trader must prove that this information was provided (Law on the Protection of Consumer Rights, Art. 5).
2. If the sale is one-off (a private individual, not a trader), the consumer law does not apply, only the Civil Code: for a private one-off seller (not a trader), the Civil Code allows withdrawal from the contract after an unsuccessful additional period (Civil Code, Art. 405); after withdrawal, what was received must be returned — the prepayment is refundable (Civil Code, Art. 352).
3. Wrong item or defect: the goods must match the description and the photo sample — “a different item arrived” is a defect (Law on the Protection of Consumer Rights, Art. 16). Regardless of any defect, in a distance purchase from a trader there is always a right to withdraw without giving reasons within 14 calendar days of receiving the goods (Law on the Protection of Consumer Rights, Art. 13); the money must be refunded no later than 14 calendar days after receipt of the withdrawal notice (Law on the Protection of Consumer Rights, Art. 15) — the fastest route.
4. Not delivered: delivery must take place no later than 30 calendar days from conclusion, unless agreed otherwise (Law on the Protection of Consumer Rights, Art. 7); in case of delay — a reasonable additional period, then withdrawal from the contract and damages (Law on the Protection of Consumer Rights, Art. 7).
5. Boundary with crime: fraud — taking another’s property by deception — is a crime (Criminal Code of Georgia, Art. 180). Signs: the seller blocked you, deleted the page, used other people’s photos, several victims. A dispute about quality or delivery time is a civil matter.
6. Procedure: keep the correspondence, the page and the transfer records → written demand with an additional period → if there are signs of deception, the police (the identity behind the account and phone number is established by investigation); otherwise — the Competition and Consumer Protection Agency (კონკურენციისა და მომხმარებლის დაცვის სააგენტო) (Law on the Protection of Consumer Rights, Art. 28) or a lawsuit.
7. Where to apply: seller (written demand) → police (if deceived) → Agency → district (city) court.
8. Evidence: screenshots of the page and correspondence with dates, the transfer receipt with the recipient’s name, the seller’s phone number.
9. Pitfalls: assuming that a seller without registration is not liable under the consumer protection law; confusing a civil dispute (e.g., wrong size) with fraud; not taking screenshots before the page is deleted.

Be sure to check

• a page that sells regularly on social media is a trader; a purchase by correspondence is a distance contract (withdrawal within 14 days, refund of money)
• a one-off sale by a private individual is governed not by the consumer law but by the Civil Code: withdrawal after an additional period and refund of the prepayment
• not delivered: delivery deadline, additional period, withdrawal from the contract and refund of the prepayment
• signs of fraud and a police report; otherwise — the Agency or court
• what to keep as evidence (correspondence, transfer, recipient’s details)