MAKAN Furniture Rental Terms and Conditions
These terms and conditions for Paid Services (as defined below) (these “Paid Services Terms & Conditions”) govern the lease or purchase of furniture or other items from MAKANhome.ae (“Property”) and services, such as a delivery, installation, or pick-up, (“Services”) by a lessee or purchaser of such Property or Services (hereinafter referred to as “You” or “Your” from MAKAN Furniture Rental. (“MAKAN”, “we”, “our”, or “us”). Notwithstanding anything to the contrary in these Paid Services Terms & Conditions, if a furniture rental lease agreement (“Lease”) or other written agreement is entered into and signed by both parties covering the lease or purchase of the Property or Services, the terms and conditions of such Lease or written agreement will prevail to the extent such terms and conditions are inconsistent with these Paid Services Terms & Conditions.
Minimum Lease Duration
You must enter into a Lease for a minimum of six months to order Property and take advantage of the Services provided by MAKAN, subject to the applicable fees and charges.
Ordering Property or Services
You may select Property and the related Services, if applicable, on MAKANhome.ae. Your selections will be detailed in an order confirmation email and/or on the final page of Your applicable Lease. Your commencement date and initial lease term for the Lease of such Property will be determined by You and MAKAN prior to delivery.
In addition to selecting Property, the application to lease such Property may involve several steps, including: (i) providing certain personal details, such as your name, phone number, and address; (ii) providing a copy of your Emirates ID or passport; (iii) providing payment information to our third-party payment processor (the “Payment Processor”), such as a direct debit information for an account with a financial institution or a credit card that You provide (Your “Billing Account”) for the purpose of future processing of any payments to us that you authorize, including but not limited to furniture rental, purchases, and related fees; (iv) a brief phone interview with one of our team members; and (vi) entering into a Lease with MAKAN, and agreeing to pay the applicable fees.
Fees & Charges
The applicable fees and charges are provided during the Property ordering process and/or listed in Your Lease, in addition to the fees detailed in these Paid Services Terms and Conditions.
Total of Payments
The estimated total amount of payment You will pay for the initial lease term will be indicated in Your Lease, subject to any additional fees and charges described in these Paid Services Terms & Conditions or such Lease. Subsequent updates to the estimated total may be confirmed during the ordering process or via email for any Property changes.
The amount You will pay will be dependent on the length of such lease term and the Property included in the Lease during such lease term.
Billing and Payment
You agree to pay all fees and expenses set forth in your order confirmation and/or Your Lease in accordance with these Paid Services Terms & Conditions. MAKAN uses a Payment Processor to bill You through Your Billing Account. You acknowledge and agree that any payment method and related billing and payment information that You provide to MAKAN may be shared by MAKAN with companies who work on MAKAN’s behalf, such as MAKAN’s Payment Processor, solely for the purposes of processing payment to MAKAN and servicing Your Lease. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Paid Services Terms & Conditions. MAKAN is not responsible for any error by the Payment Processor. You agree to pay MAKAN, through the Payment Processor, for all amounts provided at the prices then in effect in accordance with the applicable payment terms. You authorize MAKAN, through the Payment Processor, to charge Your chosen payment provider and method (Your “Payment Method”). You agree to make payment using that selected Payment Method.
The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If MAKAN, through the Payment Processor, does not receive payment from You, MAKAN reserves the right not to deliver the Property and terminate the Lease.
The payment under an applicable Lease consists of an upfront payment detailed in Your Lease and any additional fees or charges communicated to You by MAKAN. The amount due for Your initial Property and Services is due and payable on the order date listed on your Lease.
You must provide current, complete and accurate information for Your Billing Account. You must promptly update all information to keep Your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and You must promptly notify MAKAN or the Payment Processor if Your Payment Method is cancelled or if You become aware of a potential breach of security that may affect Your Billing Account or payment. Such information can be changed by calling MAKAN’s general line at XXXX. If You fail to provide any of the foregoing information, You agree that MAKAN may continue charging You under Your Billing Account unless You have terminated these Paid Services Terms & Conditions or Your Lease.
Delivery and Pick-up
MAKAN will deliver and pick-up the Property at the address specified above and on the mutually agreed date confirmed via electronic communications or phone call. You grant MAKAN permission to enter and access Your premises for the purposes of delivering and assembly and picking up the Property and will provide MAKAN with all necessary or desired assistance in connection with such access. You, or an adult (at least 18 years of age) on your behalf, must be present to sign for and acknowledge the delivery of any Property and the condition of such Property once it is assembled (if applicable) and placed in your residence. This signature confirms that you have received your Property delivery from MAKAN and have inspected and acknowledge the condition of such Property upon delivery and assembly (if applicable). MAKAN will have no liability for damages resulting from any delay in delivery or pick-up of the Property or as a result of or in connection with the delivery of such Property.
Property Additions, Returns, and Modifications
After the initial delivery, any additions, returns, or modifications to the Property will be confirmed in writing between You and MAKAN and will be subject to the terms and conditions of these Paid Services Terms & Conditions or Your Lease. Any such additions, returns, or modifications may result in changes to your total amount paid and/or delivery or pick-up fees.
Additional Delivery Fee
If, through no fault of MAKAN, an additional delivery must be made, such as when there are additions, deletions, or modifications to the Property after the first three (3) days of delivery, an additional delivery fee of AED 399 will be due, to be paid prior delivery. Additional fees may apply, including but not limited to restocking, rescheduling or cancellation fees. Visit our FAQ for more information.
Early Termination / Cancellation
You may return the Property and cancel Your Lease or exchange Property at no extra charge if such return or exchange is made within the three (3) days following delivery of such Property to the Premises, by reaching out to us at service@MAKANhome.ae). The refund for an early termination of these Paid Services Terms & Conditions or Your Lease will be made to Your Payment Method.
You may also return the Property and cancel Your Lease or exchange Property after the end of the initial three (3) day period and prior to the end of Your Lease plan by reaching out to us at service@MAKANhome.ae provided that You: (i) provide MAKAN with notice of intent to return Property and cancel their Lease or exchange Property (which request will be approved by MAKAN) with at least fifteen (15) days’ notice; (ii) arrange for pick-up by MAKAN of the Property and, if applicable, delivery of the Exchanged Property; (iii) in the case of exchanges, pay for the transportation cost of delivering the Exchanged Property and revised Lease Fees (iv) in the case of early returns and cancellations before the 6-month minimum period, observe minimum 6-month payment commitments with respect to Your Lease.
Termination, Returns, and Changing Products
At the end of the initial lease term, one of the following will occur: (a) You and MAKAN can agree to renew the entire Lease or continue Your Lease; (b) You may exchange the Products by contacting us at service@MAKANhome.ae however, such new Products may result in changes to Your lease and/or delivery or pick-up fees or other applicable fees; (c) You may elect to purchase the Products from MAKAN in accordance with the applicable terms and conditions; or (d) You may return the Products.
Note: If you elect to purchase the Products from MAKAN, the amount paid for an individual product during Your Lease will be applied to the purchase of such individual product, including any amount paid or credited by MAKAN in connection to such product through a valid discount code or customer service refund. The amount paid toward any individual product will not be applied to the purchase of a different individual product.
In order to arrange for the return of the Property, You must provide MAKAN, by email to service@MAKANhome.ae with a minimum of 15-days’ notice in advance of the desired pick-up date. Failure to provide such notice may result in an additional charge equal to one month’s monthly rent. If You fail to arrange for the pick-up of the Property by the end of the lease term, MAKAN reserves the right, as determined at MAKAN’s sole discretion, to either (1) charge You the applicable monthly subtotal; (2) charge You the retail price of the Product in addition to all other payments and charges due under these Paid Services Terms & Conditions or Your Lease; or (3) without prior notice to enter the premises where the Property is located and take immediate possession of the Property without the necessity of any legal or judicial process and You will reimburse MAKAN for all expenses related to any reasonable effort to repossess the Property, including reasonable attorney’s fees.
Upon confirmed termination of these Paid Services Terms & Conditions or Your Lease, any overpayments will be credited to Your Payment Method. Your obligations to MAKAN under these Paid Services Terms & Conditions or Your Lease, Limitation of Liability Section, Dispute Resolution and Arbitration Section, and Miscellaneous Section will survive any termination or expiration of these Paid Services Terms & Conditions or Your Lease.
Right to Refuse: MAKAN reserves the right to refuse service to any customer or potential customer. MAKAN’s intentions are to protect its employees and contractors, minimizing any tension or personal violation and respecting and servicing the customer fairly. MAKAN reserves the right to refuse service if any unsafe or unreasonable behavior or situations are encountered, including but not limited to: 1) Violent, threatening, or discriminatory behavior, 2) Personally insulting, yelling, or cursing/swearing, 3) Intoxication, 4) Theft, 5) Non-conforming to delivery requirements, including: i) The safety of the environment (to include parking and unloading areas, doorways, stairways, elevators, and anywhere the delivery teams must travel or spend time in throughout the delivery), ii) Presenting and matching delivery identification and delivery contacts, 6) Illegal activities
A customer will not be denied service for the following: 1) Race, 2) Religion, 3) Gender/gender identity, 4) Age, 5) Disability, 6) Nationality, or 7) Sexual orientation. Before MAKAN refuses service, the MAKAN Customer Experience team will intervene and attempt to resolve the situation, including de-escalation tactics. If refusal of service is pertaining to a new customer, and all furniture is in like-new condition in MAKAN’s possession, any pre-paid monetary transactions will be cancelled and issued a refund within 48 hours.
Discounts and promotional codes
All discounts and promotional codes distributed by MAKAN, expire within one year of offer creation unless otherwise noted. Discount code and promotional code value does not count towards any eventual lease-to-own computed buy-out cost; this includes any discount presented as part of an extension/renewal offer. Unless otherwise noted, all discount codes and promotional offers are limited to one use per customer. Promotional codes and discount codes cannot be combined for a given order. Certain products may be excluded from promo codes; these will be indicated when applicable.
Purchase of Property
MAKAN may notify You at any time during your Subscription that You have an opportunity to purchase the Property, provided that the Property is available for purchase, at a predetermined price made known to you (or generally observed retail price) of the Property discounted by the cumulative Subscription Fees paid (“Adjusted Purchase Price”). You may also submit a written request to MAKAN at any time inquiring into opportunities to purchase the Property. Upon your purchase order for the Property, You hereby authorize us, through the Payment Processor, to charge your chosen Payment Method for the Adjusted Purchase Price. We will charge your Payment Method the amount of the Adjusted Purchase Price immediately upon your purchase order. Purchase orders are final and cannot be cancelled. You acknowledge and agree that only those items of Property designated by MAKAN on the Services as available for purchase are eligible for purchase by you.
Contact and Communications
You agree that MAKAN, or its authorized third party service providers on MAKAN’s behalf, may contact You using any telephone number(s) that You have provided, or that You provide in the future, or that is obtained from another source, even if the number is for a mobile telephone and using the number results in charges to You by Your mobile service provider. You also agree that MAKAN, or its authorized third party service providers on MAKAN’s behalf, may leave an auto dialed or prerecorded message or use other technology to make contact with You. You further agree that if You gave us a mobile phone number in your application, or if You later provide or provided a mobile phone number, or if a mobile phone number for You is obtained from another source, we may contact You by text message on that mobile phone regarding Your account, notwithstanding the fact that there is a possibility that a third party may see the text message to You. You represent that any mobile phone number You have provided or will provide is Your mobile phone number alone. You may cancel this consent by providing us with notice in writing. We reserve the right to access, read, preserve, record, and disclose any information or communications via phone, email, or text message as we reasonably believe is necessary to: satisfy any applicable law, enforce these Terms, enforce the terms of Your lease, respond to user support requests; or protect our, our users’ or the public’s rights, property or safety.
Responsibility for Maintaining the Property
MAKAN inspects the Property prior to delivery in a manner designed to ensure that it is free of material defects or infestation. You acknowledge and agree that You will inspect the Property prior to taking possession and You will accept delivery of the Property only after You determine that the Property is in good condition. You are responsible for maintaining the Property in good condition, subject to ordinary wear and tear, and for any damage, loss, or destruction to the Property while in Your possession. Whether the Property is damaged, lost, or destroyed will be determined in MAKAN’s sole and absolute discretion. In the event of any damage, loss, or destruction to the Property, MAKAN will charge You its cost of replacing or repairing the Property, including materials, parts and labor, plus any applicable service fees. You will not remove any item of Property from the delivery address without MAKAN’s prior written approval. If You fail to return the Property as required under these Paid Services Terms & Conditions or Your Lease, You will be liable to MAKAN for an amount up to the retail price of the Property plus handling fees, in addition to all other payments and fees due under these Paid Services Terms & Conditions or Your Lease.
You agree to indemnify and defend MAKAN and its officers, directors, employees and agents from any and all liabilities, claims, suits, losses, damages, costs, and expenses arising from any damage, loss, or destruction of the Property, including but not limited to damage, loss, or destruction due to a claim that the Property is infested with insects or that insect infestation in the Property caused personal injury, or any breach by You of this Lease. You hereby unconditionally release and discharge MAKAN and its officers, directors, employees and agents (and each of their successors and assigns) from any and all claims, demands, or suits and any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and real or personal property damage, that is either directly or indirectly related to or arises from Your use of the Property, including, but not limited to as a result of insect infestation, personal injury caused by insects, or other damage or personal injury caused by the Property.
Disclaimer of Warranties
MAKAN is not the manufacturer of the Property provided under these Paid Services Terms & Conditions or Your Lease. THE PROPERTY IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. MAKAN MAKES NO WARRANTY, EXPRESSED, IMPLIED, OR STATUTORY, WITH REGARD TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
No Assignment
These Paid Services Terms & Conditions, and Your rights and obligations under these Paid Services Terms & Conditions, may not be assigned by You in whole or in part, and no portion of the Property may be subleased to any third party, in each case without the prior express written consent of MAKAN and any attempted assignment or sublease in violation of the foregoing will be null and void. These Paid Services Terms & Conditions, and any of MAKAN’s rights and obligations under these Paid Services Terms & Conditions, including the right to receive payments from You, may be freely assigned by MAKAN.
Title
It is understood that this transaction is a lease and not a conditional sale or financing agreement. Title and ownership to the Property will remain with MAKAN, and You will not grant a security interest of any kind or dispose of any item of Property. You must keep the Property free and clear of all levies, attachments, liens, and encumbrances and must not in any way impair MAKAN’s title in such Property. MAKAN has the right, but not the obligation, to file a financing statement at any time to file notice of its ownership of the Property.
Default
MAKAN may terminate these Paid Services Terms & Conditions or Your Lease at any time and repossess the Property without legal process, notice or demand if: (1) You violate any of the terms or conditions of these Paid Services Terms & Conditions or Your Lease and fail to cure such violation within 15 days of receiving notice of the violation; (2) You become insolvent or make any assignment for the benefit of Your creditors; or (3) any proceeding is instituted against You under bankruptcy or similar laws for the relief of debtors or a receiver is appointed for any of Your assets. Upon such termination, without notice or demand, You will become immediately liable to MAKAN for all of Your obligations under these Paid Services Terms & Conditions or Your Lease, the termination fee and any costs, expenses and damages resulting from Your violation of any terms or conditions of these Paid Services Terms & Conditions or Your Lease, including but not limited to costs related to costs incurred by MAKAN due to using a collection agency for any outstanding amounts. You will also be liable for all costs, including reasonable attorneys’ fees, which may be incurred by MAKAN in enforcing these Paid Services Terms & Conditions or Your Lease.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MAKAN BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROPERTY WHETHER OR NOT MAKAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE PAID SERVICES TERMS & CONDITIONS, THE PROPERTY, OR THE SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
MAKAN’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE PAID SERVICES TERMS & CONDITIONS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO MAKAN UNDER THESE PAID SERVICES TERMS & CONDITIONS OR YOUR LEASE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT MAKAN’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE PAID SERVICES TERMS & CONDITIONS OR YOUR LEASE.
Dispute Resolution, Arbitration, ad Class Action Waiver
Unless otherwise stated in Your Lease or otherwise in writing, Section 13 (Agreement to Arbitrate Disputes and Class Action Waiver) of the MAKAN Furniture Terms of Use apply to these Paid Services Terms & Conditions. Please read Section 13 of the MAKAN Furniture Terms of Use carefully. It requires You to arbitrate disputes with MAKAN and limits the manner in which You can seek relief from MAKAN.
Miscellaneous
These Paid Services Terms & Conditions and any disputes related to these Paid Services Terms & Conditions is governed by and will be construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law provisions. Subject to the binding arbitration provisions in the MAKAN Furniture Terms of Use or Your Lease, You agree the United Arab Emirates will be the jurisdiction and legal venue for any claim or dispute that has arisen or may arise from these Paid Services Terms & Conditions, provided that MAKAN reserves the right, and You agree to MAKAN’s right, to bring legal action in whatever jurisdiction from which the Property was rented, whose laws, at the option of MAKAN, will govern these Paid Services Terms & Conditions. Any waiver or failure to enforce any provision of these Paid Services Terms & Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of these Paid Services Terms & Conditions is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect. These Paid Services Terms & Conditions, together with any other documents incorporated by reference (including but not limited to Your order email confirmations), constitutes the entire agreement between You and MAKAN for the rental or purchase of the Property, supersedes all prior agreements between You and MAKAN for the specified Property, whether written or oral and any terms, and may be amended only by a document signed by both parties.
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