Terms & Conditions

Mustadam Platform Terms and Conditions of Use

Preamble

This page sets out the legal terms & conditions (“T&C”) that governs the User’s access, browse, use or registration on the Mustadam’s Platform.
The following terms – wherever they appear in this T&C shall have the meanings shown to each of them, unless the context requires otherwise:
MUSTADAM” or “We” or “Us”: means Mustadam, a Saudi private nonprofit LLC with CR 2050170504.
Mustadam or the Platform”: means Mustadam Platform and its related sub-domains, sites, services and tools.
User or You“: means the party requesting service from the Platform, whether it’s a natural person or a legal person.
Community”: means We, Us, You, Users, Mustadam, Sponsors, Benefactors, Members, Donators.
Content”: means posts by Users on the Platform and/or provided to the Platform, including but not limited to; photo, video, idea, know-how, techniques, questions, reviews, comments, and suggestions.
Item/s”: means all eligible furniture and any other products sold on Mustadam’s Platform.
Personal Information” means all information related to completing a transaction on Mustadam’s Platform including:
Location- Location Services on SmartPhones.
Platform Cookies.
Your full name (in compliance with Absher/ Ministry of Commerce).
Logistics Partners” any partner that Mustadam will hire in order to transfer/ collect/ deliver/ assembly/ dismantling the Items.

Please read this T&C carefully before proceeding.
Do not continue to use Mustadam if you do not agree to all of the T&C stated on this page.
Your continuation to use the Platform regardless, shall mean your acceptance to the T&C.
This Platform is owned and operated by MUSTADAM.
This T&C apply to Your use of the Platform. By accessing, browsing, using, or registering on the Platform, You represent and warrant the following:

  • You are 18 years of age at least
  • If You are a corporate representative, You have authority to bind the corporate entity;
  • You are the sole beneficial the Platform’s services, and You have the complete right, title and authority to do so;
  • You will operate and use the Platform in accordance with the attached Privacy Policy.
  • You will not use contact information provided to you during the utilization of the Platform’s services outside of the Platform.
  • You have read, understood and agree to this T&C.
  • You have read, understood and agree to all the related policies that have been referred to in this T&C, such as, but are not limited to, the Privacy Policy and Cookies policy.
  • You shall comply with the applicable laws and regulations of the Kingdom of Saudi Arabia in relation to your use of the Platform.

Please check this page regularly as this T&C may be updated from time to time upon MUSTADAM’s sole discretion – any new terms will automatically be effective when they are published on this Platform.
MUSTADAM’s reserve the right to:
amend this T&C;
refuse any User access to the Platform.
terminate User accounts;
modify or withdraw (temporarily or permanently) this Platform without notice; or
cancel Your orders at its discretion.
if You are registering as a business entity, You represent that You have the authority to bind the registered entity to this T&C and that You and the business entity will comply with all applicable laws of the Kingdom of Saudi Arabia relating to the use of this Platform.
No person or business entity may register as a member any side of the Platform (e.g. buyer, seller, vendor) more than once.

Registration:

You may need your own Mustadam account to use certain Platform Services.
When You register as a User of the Platform You have been or will be required to provide certain information and register a username and password for use on the Platform.
On becoming a User of the Platform, You agree to the following:

  • You are solely responsible for the security of Your password and account. You agree to notify Us immediately if You suspect any unauthorized use of Your account or access to Your password.
  • In no event will MUSTADAM be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of Your username and/or password
  • You agree to reimburse MUSTADAM for any improper, unauthorized or illegal use of Your account by You or by any person obtaining access to the Platform, services or otherwise by using Your designated username and password, whether or not You authorized such access.
  • All information that You provide are true, accurate, current and complete as requested by the Platform registration form (the “Registration Data”).
  • You will maintain and promptly update the Registration Data.
  • MUSTADAM may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that You provide it with further information or documentation, including without limitation to verify Your identity and/or ownership of Your financial information in relation to the payment method.
  • If You were registered on behalf or as a representative of a business entity and MUSTADAM shall have the right to request information and documentation -such as but not limited to- such proof of Your representation or its commercial registration.

Electronic Communications:

You agree that We may communicate with You by email, phone message, or any method mentioned in the Registration Data or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Services and Price:

The Platform does not offer any kind of banking services.

Mustadam aims to enable its Users to find a sustainable and socially impactful solution to the disposing of pre-owned Items. In order for Us preserve/sustain the environment and the Community.

We are enabling You to buy/ sell the Item in the highest quality and the best prices the market can offer.

We will refurbish any Items that is in need of refurbishing (at our sole discretion) and Mustadam will ensure that the highest level of transparency to the end User of the Item condition. Items might bear signs of damage, wear & tear, etc. Mustadam reserves the right to treat each item that it collects. Treatment can include cleaning using specialised products, refurbishment including, but not limited to sanding, painting, varnishing, polishing, upholstery. Additional refurbishing might be available for some items for an optional additional fee.

Mustadam will do a final review of each item when it is received to assess the quality and any hidden damage or risks (e.g. termite). Items will be priced based on this review and therefore will be priced accordingly with damage. Mustadam will determine the final price that a product will be listed on the platform. The seller will be informed of the final price, the seller’s share, Mustadam’s share, and the amount reserved for delivery (as delivery will be included in the final price). Mustadam reserves the right to add a discount to the original list price when the item is not selling as expected.

Sale of Items and donations to Mustadam:

Mustadam allows you to sell your used or new product to us through the platform. Mustadam receives a 30% commission from the sale price, which is deducted after the completion of the transaction. The remaining amount is transferred to your bank account.

In addition, you can also donate the product to to benefit the community without incurring any costs.

You can list Your request to sell Items on the Platform including Your Personal Information, We will review Your request and be there in person or by the Logistics Partners to further inspect and pick-up the Item after the item has been accepted onto the platform.

You will hereby ensure that all Items sold belongs to You and You are the rightful owner of the Items sold or donated to Us.

In the event of any third parties claiming ownership of Items. You will bear the burden of proof and will be liable in case of seizure or any authorities request to retrieve Items.

You will provide Your Personal Information in the registration process as a User, including Your Identification and bank account details and payment method preferred in the case of selling. This information will be used in accordance with this Terms and Conditions policy.

You will provide Your Personal Information in the case of donating an Item and acknowledge that You are the rightful owner of any of the Items donated.

Items donated to Mustadam can be used by Mustadam at their discretion, including but not limited to direct donations to charity, refurbishment, or sales on the platform.

Mustadam will bare the risk and cost of storing seller furniture items. Mustadam reserves the right to store products for a limited period of time before liquidating. In the calendar year 2024, this time period will be approximately 1 month. Sellers will be notified 5 days ahead of item timeline to discuss liquidation options. The following options are as follows:

1. The seller is responsible for covering all shipping costs and any necessary repairs, if applicable and as determined by Mustadam, for the return of the product to the designated location of their choice.

2. The seller can agree to have their item liquidated in a Mustadam bazaar accepting that they will receive no proceeds (and all proceeds will contribute to Mustadam’s non-profit mission)

3. The seller can agree to have their item donated to a charity. The seller will be rewarded with a Mustadam certificate of donation.

Buying the Item from the Platforms:

In the case of purchasing any listed Items on the Platform You acknowledge that You are fully aware that most Items are pre-owned furniture Items that may have been refurbished to ensure that all the Items are up to the standards of quality ensured by Mustadam. In most cases each item’s history and condition will be described clearly, through words and photos.

You will be able to choose Items from Our Platform gallery their description will specify their make and model if available, price, a description of the purpose of said Item.

After choosing the Items, in Your basket and proceeding to check-out a drop in box will appear for You to fill out, potentially including, but not limited to, the following items:

Address: City, Province, P.O Box, Building No, Street,
Phone Number:

Then You will be taken to our different payment method options and providers.

Delivery and Pick Up:

Prior to our delivery or pick up of Items, You must make sure there is enough space for Us to enter, enough space to complete the delivery/pick up process, and to make sure that the stairs and elevators leading to the location of the Items are all adequate for delivery/ pick up. You must make sure that Your place, Your area, and the location of delivery/pick up are safe and accessible for the Logistics Partners.

You must also remove all breakable Items that may be damaged or broken during delivery/pick up such as lamps, vases, frames, etc.

To ensure the safe delivery/pick up of the Items, You must provide Us with as many details as possible in advance, about the status of the address, and circumstances related to the area that might affect the delivery/pick up process such as: (Would there be enough time to load/ unload? Do You live in an area where it is restricted for trucks to park and load/ unload? Are there any restrictions in terms of height, width, or weight? Are there any restrictions in terms of car parking? Does the truck need special permission to park? Would delivery/pick-up be to a higher level than the ground floor? Would it be hard to reach the location due to narrow doors, or a narrow staircase? If delivery/pick up is for business area, is there any restriction to working hours?)

We shall do Our best to deliver all the Items to the location of Your choice, safely and practically. However, if Your location is in a higher level and the Logistics Partners finds that it is not safe to reach, they will arrange with You to find an alternative location. If the Logistics Partners feels that the location You chose may cause any damage to the Item, or to Your place they will notify You and list down those reasons in the delivery/pick up receipt. You may accept delivery/pick up despite knowing those reasons, but We shall not accept responsibility for any damage to the Items or to Your place as a result of the delivery/pick up attempt according to Your instructions, (caution must be considered during Item delivery).

The Logistics Partners will conduct a risk assessment before moving any Item, they will assess any health and safety risks for each individual. The Logistics Partners will not deliver any Item other than those agreed upon and listed in, nor will they pick up/deliver any Items that might represent any safety risks after conducting the risk assessment.

The Logistics partners will review each item at collection to determine if the item matches the description, including proof of brand and the documentation of damage. Any item that does not match the description will not be collected by our logistics partners.

Logistics Partners are not allowed and should not do the following: Doors, windows, door frames removal in order to complete the delivery/pick up process (in case that procedure is required, it should be performed before delivery/pick up; We shall not carry any specialized lifting equipment); On a case by case basis, Logistics Partners will potentially disassemble or assemble some Items they deliver, unpack any; or remove their bases when delivering/picking up (if You are worried about any damages that might occur to Your wooden floor or to Your rugs You must ensure proper covers to protect it).

Mustadam will exercise the highest caution to prevent damage when transporting the item. Mustadam will review all items before transporting, documenting any previous damage and fragility.

Any small damage caused by Mustadam or its logistics partners will be addressed by Mustadam refurb team. If Mustadam or its partners causes damage that can’t be fixed, that results in a necessary price reduction – Mustadam will reduce its commission. (this will be communicated on a case by case basis)

If Mustadam or its partners causes damage that can’t be fixed, that results in a product being unsellable – Mustadam will provide reimbursement of the product. NOTE: Damage will be reviewed once delivered in the warehouse

Storage

Mustadam will exercise the highest caution to prevent damage in its storage facilities. Mustadam will review all items when they arrive documenting any previous damage and fragility.

Any small damage caused by Mustadam will be addressed by Mustadam refurb team.

If Mustadam causes damage that can’t be fixed, that results in a necessary price reduction – Mustadam will reduce its commission. (this will be communicated on a case by case basis)

If Mustadam causes damage that can’t be fixed, that results in a product being unsellable – Mustadam will provide reimbursement of the product, at a reasonable price based on expected sales price.

NOTE: Damage will be reviewed once delivered in the warehouse

Information:

You grant the Platform non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use any information or material, personal or otherwise, that You provide to Us and/or post on the Platform in the registration in the feedback area or through any e-mail or by way of any other feature or use of the Platform (the “Information”) for the purposes of operating and promoting the Platform in accordance with this T&C and the Privacy Policy. You are solely responsible for the Information, and We act as a passive conduit for Your online distribution and publication of the Information.

Use of the Platform:

While using the Platform, You will not:

  • post information or list Items that are not legal, licensed or permitted as per related Saudi laws and regulations.
  • post comments, questions or answers that are not factual in nature including without limitation make any racist comments, abuse another User, disrespect another’s culture or make any other derogatory or inappropriate comments.
  • post information which infringes any third party’s intellectual property rights, other proprietary rights or right to privacy.
  • post Information or content which may
    (in Our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  • post any information or Items which may (in Our sole discretion) be considered culturally or religiously offensive in any way;
  • post any Information which (in Our sole discretion) may not be considered to be in compliance with law, rules, morals, values, ethics and traditions of the Kingdom of Saudi Arabia.
  • post Information or content which may (in Our sole discretion) threaten national security;
  • Post any content or descriptions that are intentionally misleading or inaccurate

Unless otherwise stated, the Platform and/or its licensors own the intellectual property rights for all material on the Platform. All intellectual property rights are reserved.

The Platform grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Platform Services. This license does not include any resale or commercial use of any of the Platform service, or its contents; any derivative use of any of the Platform Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these T&C are reserved and retained by the Platform or its licensors, suppliers, publishers, rightsholders, or other content providers. The Platform Service, nor any part of any of the Platform Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Platform. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Platform ‘s name or trademarks without the express written consent of the Platform. You may not misuse the Platform Services. You may use the Platform Services only as permitted by law. The licenses granted by the Platform is automatically terminated if you do not comply with these T&C.
You are permitted to use any of the Platform’s material only as expressly authorized by MUSTADAM or its franchisors/licensors. You may not extract and/or utilize the whole or any part the Platform without its express written consent.

Copyrights

All content included in or made available through any of the Platform Services on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Platform or its content suppliers and protected by the laws of Saudi Arabia and international copyright laws. The compilation of all content included in or made available through any of the Platform service is the exclusive property of the Platform and protected by the laws of Saudi Arabia and international copyright laws.

Trademarks:

The Platform’s trademarks may not be used in connection with any Item or service that is not the Platform, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Platform. All other trademarks not owned by the Platform or its owner’s subsidiaries that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Platform or its subsidiaries.

Reviews, Comments, Communications and other Content and Limitation of Liability:

Platform offers opportunity for Users to post and exchange opinions and information in certain areas of the Platform.

Platform does not filter, edit, publish or review comments prior to their presence on the Platform. Comments do not reflect the views and opinions of the Platform, its owners, agents and/or affiliates. Comments reflect the views and opinions of the person who post his/her views and opinions.
You may post reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information on the Platform, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, any form of “spam” or unsolicited commercial electronic messages.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as other content.
Platform has the right but not the obligation to oversee, moderate or monitor any interactive services and may edit or remove any activity or content.
Any content posted by You on the Platform and/or provided to the Platform, including but not limited to; photo, video, idea, know-how, techniques, questions, reviews, comments, and suggestions (collectively “Content”) is and will be treated as non-confidential and nonproprietary.
You hereby grant the Platform a non-exclusive license of the Content and all IP rights related thereto (excluding the moral rights such as authorship rights) to the Platform without charge, and You accept that the Platform shall have royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivate works from such submissions and Content by any means and in any form. You also agree that the Platform has the right to fully sublicensable right to use, reproduce, edit and authorize others to use, reproduce and modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You agree on granting the Platform, its owner and sublicensees the right to use the name that You submit in connection with such content, if they choose.
You warrant and represent that:
You own or otherwise control all of the rights to the content that you post on the Platform and have all necessary licenses and consents to do so;
The content is accurate;
The content does not violate this policy and will not cause injury to any person or entity; and that You will indemnify the Platform and its owner for all claims resulting from content You supply;
The content does not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; and
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
the Platform takes no responsibility and assumes no liability for any content posted by You or any third party.
You will not hold the Platform or its owner responsible for other Users’ content, actions, or inactions, or Information they list or post.
Platform or its owner are not responsible for unsatisfactory or delayed performance, losses, damages.
Platform or its owner are not required to mediate or resolve any dispute or disagreement between Users.
Mustadam does not guarantee the authenticity of the Users or the authenticity of the Information provided through the Platform.
The Platform may include links to third party Platforms that are controlled by and maintained by others. Mustadam cannot accept any responsibility for the materials or services featured on such Platforms and any link to such Platforms is not an endorsement of such Platforms or a warranty that such Platforms will be free of viruses or other such Items of a destructive nature and You acknowledge and agree that Mustadam is not responsible for the content or availability of any such sites. However, You acknowledge and agree that You may not include links in any User-posted content on the Platform.

Disclaimer of Warranties and Limitation of Liability

THE PLATFORM SERVICES AND ALL INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED BY THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE PLATFORM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SAUDI LAW, THE PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PLATFORM DOES NOT WARRANT THAT THE PLATFORM, THE PLATFORM SERVERS, OR E-MAIL SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

General

Entire Agreement

This T&C sets out the entire agreement between You and MUSTADAM in relation to its subject and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law

Waiver

If You breach these T&C and We take no immediate action, this does not mean that We will not be entitled to assert our rights and remedies at a later date.

Survival

Each provision of these T&C shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Dispute

By visiting the Platform and using the Platform Services, you agree that the laws of the Saudi Arabia, without regard to principles of conflict of laws, will govern these T&C and any dispute of any sort that might arise between you and the Platform, its owner or its associates.

Any dispute or claim relating in any way to Your visit or use of the Platform through courts of the Eastern Province of Saudi Arabia.

Language:

This T&C are provided in the Arabic and English Language. In the event of any conflict between the Arabic language version English Language version or any translated version, the Arabic language version shall prevail.

Questions:

Questions regarding our Terms Conditions of Use, Privacy Policy, or other policy related material by contacting: info@mustadam.shop

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