Right of Withdrawal from the Agreement. 13.1. The Customer does not have the right, to unilaterally, without stating the reason, withdraw from the Agreement in accordance with the Law of Georgia On the Protection of Consumer Rights; 13.2. Notwithstanding the Subparagraph 13.1. of this Annex No. 1, in case (1) the Customer is a natural person, (2) the Overdraft Agreement is executed with the personal (non-commercial) purpose, (3) the Overdraft Agreement is an Agreement Concluded Outside of Place of Business, and (4) the Customer’s obligation to the Bank under the Overdraft Agreement is secured with immovable property, the Customer has the right to withdraw from the Overdraft Agreement in accordance with the Law of Georgia On the Protection of Consumer Rights (except for the cases specified in Paragraphs 13.3 and 13.4. of this Annex No. 1) on the following conditions: 13.2.1. The Customer has the right, without indicating any grounds, to withdraw from the Overdraft Agreement within 14 (fourteen) calendar days from the conclusion/signing of the Overdraft Agreement; 13.2.2. The Customer shall submit a statement to the Bank at any of the Service Centers of the Bank within the term specified in the Subparagraph 13.2.1 of this Annex No. 1, which reflects the Customer’s decision to withdraw from the Overdraft Agreement. The Customer shall bear the burden of proof on exercising the right to withdraw from the Overdraft Agreement within the specified term; 13.2.3. A statement of withdrawal from the Overdraft Agreement shall state: 13.2.3.1. A date of signing the Overdraft Agreement; 13.2.3.2. Number of the Overdraft Agreement (if any); 13.2.3.3. Name and surname of the Customer; 13.2.3.4. Legal address of the Customer; 13.2.3.5. Signature of the Customer; 13.2.3.6. Date of writing the statement. 13.3. Notwithstanding the provision of the Paragraph 13.2 of this Annex No. 1, the Customer has no right to withdraw from the Overdraft Agreement if: 13.3.1. The Customer has started to use the Credit Amount; or 13.3.2. The Overdraft Agreement stipulates that the Interest depends on changes on the financial market (including but not limited to changes in the value of the index used to form the Interest), which the Bank cannot control and the change on the financial market occurred during the term set for exercising the right to withdraw from the Overdraft Agreement, as specified in Paragraph 13.2 of this Annex No. 1. 13.4. Notwithstanding the provision of the Paragraph 13.2 of this Annex No. 1, if for any reason (including, but not limited due to the existence of a registered legal restriction or any other kind of restriction on the Customer’s Account) the Credit Amount cannot be returned to the Bank, the Client shall not be able to withdraw from the Overdraft Agreement. 13.5. In case of withdrawal from the Overdraft Agreement by the Customer, the Bank shall: 13.5.1. Return to the Customer any kind of Commission, Penalties and Interest paid by the Customer under the relevant Overdraft Agreement in full no later than 14 (fourteen) calendar days after receipt of notice of withdrawal from the Overdraft Agreement; 13.5.2. Return the refundable amounts by the same means of payment through which the Customer has made the payment, unless the Customer agrees to use another means of payment and there are no additional costs for him/her/it.
Appears in 3 contracts
Samples: Overdraft Agreement, Overdraft Agreement, Overdraft Agreement
Right of Withdrawal from the Agreement. 13.1. The Customer does not have the right, to unilaterally, without stating the reason, withdraw from the Agreement in accordance with the Law of Georgia On the Protection of Consumer Rights;
13.2. Notwithstanding the Subparagraph 13.1. of this Annex No. 1, in case (1) the Customer is a natural person, (2) the relevant Credit Agreement or Credit Line Agreement or Overdraft Agreement (for the purposes of this article hereinafter jointly referred to as the Banking Credit Agreement) is executed with the personal (non-commercial) purpose, (3) the Overdraft relevant Banking Credit Agreement is an Agreement Concluded Outside of Place of Business, and (4) the Customer’s obligation to the Bank under the Overdraft relevant Banking Credit Agreement is secured with immovable property, the Customer has the right to withdraw from the Overdraft relevant Banking Credit Agreement in accordance with the Law of Georgia On the Protection of Consumer Rights (except for the cases specified in Paragraphs 13.3 and 13.4. of this Annex No. 1) on the following conditions:
13.2.1. The Customer has the right, without indicating any grounds, to withdraw from the Overdraft relevant Banking Credit Agreement within 14 (fourteen) calendar days from the conclusion/signing of the Overdraft relevant Banking Credit Agreement;.
13.2.2. The Customer shall submit a statement to the Bank at any of the Service Centers of the Bank within the term specified in the Subparagraph 13.2.1 of this Annex No. 1, which reflects the Customer’s decision to withdraw from the Overdraft relevant Banking Credit Agreement. The Customer shall bear the burden of proof on exercising the right to withdraw from the Overdraft relevant Banking Credit Agreement within the specified term;
13.2.3. A statement of withdrawal from the Overdraft relevant Banking Credit Agreement shall state:
13.2.3.1. A date of signing the Overdraft relevant Banking Credit Agreement;
13.2.3.2. Number of the Overdraft relevant Banking Credit Agreement (if any);
13.2.3.3. Name and surname of the Customer;
13.2.3.4. Legal address of the Customer;
13.2.3.5. Signature of the Customer;
13.2.3.6. Date of writing the statement.
13.3. Notwithstanding the provision of the Paragraph 13.2 of this Annex No. 1, the Customer has no right to withdraw from the Overdraft relevant Banking Credit Agreement if:
13.3.1. The Customer has started to use the Credit Amount; or
13.3.2. The Overdraft relevant Banking Credit Agreement stipulates that the Interest depends on changes on the financial market (including but not limited to changes in the value of the index used to form the Interest), which the Bank cannot control and the change on the financial market occurred during the term set for exercising the right to withdraw from the Overdraft relevant Banking Credit Agreement, as specified in Paragraph 13.2 of this Annex No. 1.
13.4. Notwithstanding the provision of the Paragraph 13.2 of this Annex No. 1, if for any reason (including, but not limited due to the existence of a registered legal restriction or any other kind of restriction on the Customer’s Account) the Credit Amount cannot be returned to the Bank, the Client shall not be able to withdraw from the Overdraft relevant Banking Credit Agreement.
13.5. In case of withdrawal from the Overdraft relevant Banking Credit Agreement by the Customer, the Bank shall:
13.5.1. Return to the Customer any kind of Commission, Penalties and Interest paid by the Customer under the relevant Overdraft relevant Banking Credit Agreement in full no later than 14 (fourteen) calendar days after receipt of notice of withdrawal from the Overdraft relevant Banking Credit Agreement;
13.5.2. Return the refundable amounts by the same means of payment through which the Customer has made the payment, unless the Customer agrees to use another means of payment and there are no additional costs for him/her/it.
Appears in 2 contracts
Samples: General Credit Line Agreement, General Credit Line Agreement
Right of Withdrawal from the Agreement. 13.1. The Customer does not have the right, to unilaterally, without stating the reason, withdraw from the Agreement in accordance with the Law of Georgia On the Protection of Consumer Rights;
13.2. Notwithstanding the Subparagraph 13.1. of this Annex No. 1, in case (1) the Customer is a natural person, (2) the relevant Credit Agreement or Credit Line Agreement or Overdraft Agreement (for the purposes of this article hereinafter jointly referred to as the Banking Credit Agreement) is executed with the personal (non-commercial) purpose, (3) the Overdraft relevant Banking Credit Agreement is an Agreement Concluded Outside of Place of Business, and (4) the Customer’s obligation to the Bank under the Overdraft relevant Banking Credit Agreement is secured with immovable property, the Customer has the right to withdraw from the Overdraft relevant Banking Credit Agreement in accordance with the Law of Georgia On the Protection of Consumer Rights (except for the cases specified in Paragraphs 13.3 and 13.4. of this Annex No. 1) on the following conditions:
13.2.1. The Customer has the right, without indicating any grounds, to withdraw from the Overdraft relevant Banking Credit Agreement within 14 (fourteen) calendar days from the conclusion/signing of the Overdraft relevant Banking Credit Agreement;.
13.2.2. The Customer shall submit a statement to the Bank at any of the Service Centers of the Bank within the term specified in the Subparagraph 13.2.1 of this Annex No. 1, which reflects the Customer’s decision to withdraw from the Overdraft relevant Banking Credit Agreement. The Customer shall bear the burden of proof on exercising the right to withdraw from the Overdraft relevant Banking Credit Agreement within the specified term;
13.2.3. A statement of withdrawal from the Overdraft relevant Banking Credit Agreement shall state:
13.2.3.1. A date of signing the Overdraft relevant Banking Credit Agreement;
13.2.3.2. Number of the Overdraft relevant Banking Credit Agreement (if any);
13.2.3.3. Name and surname of the Customer;
13.2.3.4. Legal address of the Customer;
; 13.2.3.5. Signature of the Customer;
13.2.3.6. Date of writing the statement.
13.3. Notwithstanding the provision of the Paragraph 13.2 of this Annex No. 1, the Customer has no right to withdraw from the Overdraft Agreement if:
13.3.1. The Customer has started to use the Credit Amount; or
13.3.2. The Overdraft Agreement stipulates that the Interest depends on changes on the financial market (including but not limited to changes in the value of the index used to form the Interest), which the Bank cannot control and the change on the financial market occurred during the term set for exercising the right to withdraw from the Overdraft Agreement, as specified in Paragraph 13.2 of this Annex No. 1.
13.4. Notwithstanding the provision of the Paragraph 13.2 of this Annex No. 1, if for any reason (including, but not limited due to the existence of a registered legal restriction or any other kind of restriction on the Customer’s Account) the Credit Amount cannot be returned to the Bank, the Client shall not be able to withdraw from the Overdraft Agreement.
13.5. In case of withdrawal from the Overdraft Agreement by the Customer, the Bank shall:
13.5.1. Return to the Customer any kind of Commission, Penalties and Interest paid by the Customer under the relevant Overdraft Agreement in full no later than 14 (fourteen) calendar days after receipt of notice of withdrawal from the Overdraft Agreement;
13.5.2. Return the refundable amounts by the same means of payment through which the Customer has made the payment, unless the Customer agrees to use another means of payment and there are no additional costs for him/her/it.
Appears in 2 contracts
Samples: General Credit Line Agreement, General Credit Line Agreement
