Marketplace: who is liable — the platform or the seller: what to do under Georgian law

What to do

1. Who is the seller: under a transaction concluded by a representative on behalf of the principal, rights and duties arise only for the principal, i.e. the seller (Civil Code of Georgia, Art. 104). However, if the intermediary did not state that it acts on behalf of another, the transaction binds the seller only if the buyer should have assumed this. Otherwise, the platform itself remains the party (Civil Code, Art. 104). If the platform did not disclose the seller, or sells in its own name (where the receipt or order names the platform itself as seller), claims are directed to the platform. A “trader” also includes any person acting on behalf of or on the instructions of the trader (Consumer Rights Law, Art. 4).
2. Requiring disclosure of the seller: before the contract is concluded, you are entitled to the contact details of the trader on whose behalf the person acts (Consumer Rights Law, Art. 5). For online sales, also the name and actual address of that trader (Art. 10). The trader must prove that the information was provided (Art. 5). If it was not disclosed, that is an argument against the platform.
3. Non-delivery: delivery must take place no later than 30 calendar days from conclusion of the contract, unless otherwise agreed (Consumer Rights Law, Art. 7). For delay, give a reasonable additional period; then withdraw from the contract and claim damages (Art. 7). The risk of loss of the parcel passes to the buyer only upon actual receipt (not from the carrier) (Art. 8).
4. Counterfeit or wrong item: the goods must correspond to the description and the sample. A counterfeit or “wrong item” is a defect (Art. 16), and the remedy is replacement or refund, as for any defect. If you have simply changed your mind, withdrawal without reason is possible within 14 calendar days from receipt of the goods (Art. 13). The money must be refunded no later than 14 calendar days from receipt of the withdrawal notice (Art. 15).
5. Procedure: dispute within the platform (open it before the buyer protection window closes, and do not confirm receipt) → written claim to the seller and to the platform → issuing bank: chargeback under card scheme rules → Competition and Consumer Protection Agency (კონკურენციისა და მომხმარებლის დაცვის სააგენტო) (Consumer Rights Law, Art. 28) → court.
6. Where to apply: the platform (internal dispute) → card-issuing bank → Agency → district (city) court.
7. Evidence: screenshots of the item, the seller and the order; tracking number; unboxing video; correspondence; card statement.
8. Pitfalls: confirming receipt or closing the dispute in the app before inspecting the item; accepting “we are only a platform” without demanding the seller’s details; missing the platform’s buyer protection window.

Be sure to check

• who is the party to the contract — the seller or the platform (whether the seller was disclosed), and that the platform must disclose the seller’s details
• non-delivery: delivery deadline, additional period, withdrawal from the contract; risk of loss until receipt lies with the seller
• counterfeit / wrong item is a defect; withdrawal without reason within 14 days with refund applies if you simply changed your mind
• procedure: dispute on the platform → claim → bank → Agency / court