Terms of use

Last updated: 5/5/2018

Introduction

Muchroom has developed a web-based platform through which users can discover all the home and office furniture readily available on the Lebanese market (hereinafter “Muchroom”). Muchroom makes available on its website www.muchroom.net (hereinafter the "Site") a marketplace (hereinafter the “Marketplace”) allowing any individual acting in his personal capacity, as a consumer, and having opened an account on the Site or at least informed of his email address in the form provided for this purpose on the Site (hereinafter the "Users"), to be put in touch with professional sellers and galleries, having opened an account on the Site (hereinafter "Merchants"), for the purpose of buying new products (hereinafter the "Products" and the “Product”) offered at a fixed price.

Art. 1: Scope of the Terms of Use

The present terms of use (hereinafter the “Terms”) apply to any order of Products made by a User from a Merchant on the Marketplace. The Terms of the Marketplace applicable are those in force on the day of placing the order by the User. The placing of any order via the Marketplace is subject to full and unreserved acceptance of these Terms.

Art. 2: Order process

2.1 / Users may order the Products offered on the Marketplace as long as the offers are visible on the Site. The offers are filled by the Merchants, the latter being solely responsible for the completeness of the description provided and the conformity of the proposed Product to the said description. The responsibility of the Marketplace can not be engaged in the event that the product received by the User does not correspond to the description indicated by the Merchant when creating his product. The Products offered on the Marketplace are necessarily new, i.e. they have never been used. The price of each Product indicated in thedescription excludes delivery charges. If applicable, the delivery charges are added to the price of the Product before final validation by the User, and are freely fixed by the Merchant. 2.2 / Users shall make their payment in cash upon delivery. 2.3 / The order will be systematically finalized with each User by electronic mail, once the Merchant will have confirmed it. Once confirmed, the order will remain accessible in the "my orders" section of the Site. 2.4/ If and when the Merchant confirms the order, the contract of sale is definitively concluded between the Merchant and the User. 2.5 / If, in any case, the Product(s) appears to be unavailable after the order being placed by the User, then the Merchant will label the Product as unavailable, and Muchroom will send an email to the User to inform him about the unavailability of the Product, and advise him on alternatives to the unavailable Product. 2.6 / In some cases, the order will be marked as pending and it will take some time until the User receives an order confirmation. Muchroom shall send an email to the User to inform him about the unavailability of the ordered Product, and advise him on alternatives to the Product. Nevertheless, the Merchant shall always be solely responsible for the unavailability of the Product of which he shall alone be in control. 2.7 / Muchroom may confirm the availability of one of the Products (even partially in the event that he refuses a part of the Products), inform the User about the unavailability of the other Product(s), and advise him on alternatives to the unavailable Product. The User can still decide to cancel his partial order. 2.8 / The User is encouraged to place a review of the Merchant's performance in the Customer Experience section.

Art. 3: Shipping and Delivery

There shall be two carrier services used for the delivery of the Products, one provided by the Merchant, and the other one provided by Muchroom. The Merchant shall at his own discretion, decide on the eligibility of a carrier service. The User shall in no way be offered the choice between delivery options. The set of deadlines announced for the delivery of the Products by the Merchants/Muchroom is calculated in working days and is informed directly by the Merchants. The indicated deadlines correspond to the time of processing, preparation and shipping of orders, as well as the delivery time of the carrier service opted by the Merchant. The deadlines mentioned above run as soon as the order is confirmed by the Merchant. The Products purchased through the Marketplace can be delivered to the address indicated by the User, according to the following modes: standard and express delivery.

Art. 4: Cancellations and Returns

4.1 / The User has the right to cancel his order within a cancellation period of twenty-four (24) hours from the time of receipt by email of the confirmation of his order. The User may return any purchased Product in its initial packaging and in good condition, within a return period of eight (8) calendar days from the delivery date as indicated on the signed copy of delivery. The User shall request an exchange or refund, however, the costs of return shall remain at his charge. To return one or more Products, the User must contact the Merchant by visiting the Online Customer Service on the Site. The information concerning his order and his payment are accessible in his Customer Area, under the headings "My orders> details of the order> contact the seller". By selecting "contact the Merchant", the User accesses the internal mail of the Site by which he can send his request to the Merchant, who will indicate by returning e-mail, the terms of return of the Product. 4.2 / The return of a parcel must be carefully prepared according to the instructions given by the Merchant, in particular it must be returned with all the delivered accessories (cords, warranties, notices, etc.) in its initial packaging, and sent to the address which has been communicated to the User by the Merchant. The Merchant will have fourteen (14) days to reimburse the User, from the date on which he has accepted the return of the purchased Product. The Merchant may postpone the refund until recovery of the Product or until the User has provided proof of the shipment of such Product, whichever comes earlier.

Art. 5: Warranties

The warranties, including Merchant's warranties, applicable to the Products sold by the Merchants via the Marketplace are specified in the offer made by the Merchants. Art. 6: Role and Responsibility of Muchroom 6.1 / Muchroom acts as a simple intermediary between Merchants and Users on the Marketplace, which role is to connect and manage the relationship between them. Muchroom is in no way a reseller of the Products offered by the Merchants. 6.2 / The responsibility of Muchroom cannot be engaged because of the content made available on the Site by the Merchants (in particular price, description of the Products, pictures of Products, etc.) except if Muchroom did not take them down after their wrongfulness was notified to him. In addition, the sale of Products through the Marketplace intervenes only between the Merchant and the User, hence, the responsibility of Muchroom cannot be engaged under the said sale to which Muchroom is not a party. Therefore, any claim must be addressed by the User to the Merchant, via his Customer Area, under the headings "My orders> details of the order> contact the seller". The Merchant is solely responsible for the processing of the claims and the after-sales services related to the Products that he sells on the Site. Muchroom nevertheless can be accessible through the live chat available on the Site. Muchroom reserves the right to intervene in arbitration if the Merchant does not provide a response to a request or settle a dispute with the User within ten (10) working days.

Art. 7: Personal Information

Muchroom shall be in charge of the treatment of the personal information of the Users. The information communicated by the Users as part of their order through the Marketplace is reserved to Muchroom and is used for order processing and follow-up, marketing management and customer relations as well as to fulfill the legal and contractual obligation. From this information, only the information necessary to process the order will also be communicated to the Merchants concerned by the order. The information submitted by the Users as part of their order through the Marketplace may be communicated to Muchroom’s third party providers for the purpose of marketing management and customer relations. Each User shall have at any time a right of access, opposition, rectification and deletion of personal information concerning him, which he can request by writing an email to Muchroom. The User will also be able to deactivate his account at any time from his dashboard. You can check the Privacy Policy of Muchroom [here] (insert hyperlink).

Art. 8: Representations and Warranties of the User

8.1 / User represents and warrants to Muchroom that: (i) User is an individual (i.e., not a corporation) and is of legal age to form a binding contract; (ii) all registration information User submit is accurate and truthful; and (iii) User will maintain the accuracy of such information. User also certifies that he is legally permitted to use and access the Marketplace and take full responsibility for the selection and use of and access to the Marketplace. 8.2 / User warrants, represents and agrees that he will not use the data and/or services available on the Site in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, including without limitation rights held by the Merchants and/or the creators of artworks portrayed in the Site; (ii) violates any law or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable; (iv) involves commercial activities and/or sales without Muchroom's prior written consent; (v) impersonates any person or entity, including without limitation any employee or representative of Muchroom; or (vi) contains a virus, time bomb, or other harmful computer code, file, or program.

Art. 9: Intellectual Property Rights

9.1 / The Site and its content are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Terms of Use. All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content") are protected by copyright. 9.2 / Users shall not use, copy, reproduce, modify, publish, broadcast, transmit, distribute, perform, display, license, sell, participate in the transfer or sale of, create derivative works based on, or otherwise exploit for any purposes whatsoever any Content, software, materials, or third party submissions or other proprietary rights not owned by him, in whole or in part: (i) without the express prior written consent of Muchroom and/or the respective Merchant, or (ii) in any way that violates any third party right. 9.3 / The Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions.

Art. 10: Disclaimer

By agreeing to these Terms, you acknowledge and consent to the following: 10.1 / As part of the Marketplace, Muchroom will act as a simple intermediary and host the offers of Products offered by Merchants registered on the Marketplace. Muchroom is in no way reseller of the Products offered by Merchants on the Marketplace. 10.2 / The Site does not provide any guarantee that a User or Merchant will complete a transaction or that Merchant will accept the return of an item or provide any refund for the purchased Products. Therefore, the User will not hold Muchroom responsible for the Site’s Content or any other information provided on the Site, or for Merchant’s actions or inactions. 10.3 / Muchroom shall never be required to solve any dispute arising between Users and Merchants.

Art. 11: Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, they shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms of Use.

Art. 12: Applicable law and Competent Jurisdiction

These Terms of Use are governed by the Lebanese law. Any dispute relating thereto shall be of the competence of the Lebanese courts.

Art. 13: Changes to These Terms of Use

Muchroom reserves the right to make changes to the Site, Privacy Policy, and these Terms at any time without the Users’ prior consent and with immediate effect by posting a notice of the amendment on the Site.

Art.14: Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@muchroom.net