Terms and Conditions - King Living

KING - TERMS AND CONDITIONS OF SALE

Thank you for choosing King Living. These Terms and Conditions of Sale (Terms) apply to all purchases of any King Living product/s including made to order King Living product/s (Products) in store. These Terms also apply to all purchases of Products via King Living’s website to the extent that the ‘King Website – Terms of Service’ do not address the particular matter.

We, King Living and similar expressions, refer to King Furniture Australia Pty Limited (ACN 002 757 333). You, and similar expressions, refer to you, King Living’s customer or prospective customer.

PLACING AN ORDER

King Living reserves the right to accept or object in its absolute discretion any order, or part of an order, which it may receive from you. For any in-store orders, when a deposit is received by King Living relating to your purchase of the Products the order becomes immediately binding on King Living and you agree to all of the terms and conditions set out in these Terms and acknowledge that a contract has come into existence between you and King Living.

For any Website orders, our acceptance of your order will take place when you have placed the order and paid in full and we email you to accept the order, at which point a contract will come into existence between you and King Living. If we cannot accept your Website order, we will inform you of this in writing and will not charge you for the Product. If you have already been charged we will refund you as quickly as possible.

When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.

OUR RIGHTS TO MAKE CHANGES

We may change these Terms or the Products to reflect changes in relevant laws and regulatory requirements. These changes will not materially affect the rights under these Terms or your use of the Products. In the event we do make any significant changes to these Terms or the Products we will notify you in writing and you may have a right to end the contract before the changes take effect and receive a refund for any Products paid for but not received.

PRICES

The prices for Products are in British Pounds GBP £ and inclusive of VAT.

Delivery and access check costs will be charged in addition to the price of Products and are included in the total cost of the order at the time of check out. For orders at King Living showrooms, these additional costs will be explained to you and are payable by you to King Living at such times as you are notified by King Living from time to time. For any orders placed on the Website the additional costs will be set out during the order process and payable when you place your order.

If we discover an error in the price or payment of any Products which you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

If an order has been cancelled in these circumstances, and you have:

paid a deposit for the Products, we will provide you with a full refund of the amount of the deposit; or
paid the full price for the Products, we will provide you with a full refund of the amount you have paid.

PAYMENT IN-STORE ORDERS

A deposit is required at the time of placing the order, except where you purchase a clearance item. We will notify you of the deposit required before we process the order. Full payment must be received by King Living into our nominated bank account before final delivery can be organized.

Payment can be made by Cash, Credit or Debit Card, Bank Transfer, or Finance. We may introduce other payment options from time to time.

Where the Products are clearance stock items full payment by cash and credit/debit card is required at the time of purchase of all such Products. Finance is unavailable for the purchase of these Products. Company or personal cheques are not accepted for the purchase of any Products.

You are responsible for any costs incurred in arranging payment for the Products, which include without limitation bank transfer fees and related charges.

The reference to ‘full payment’ means the price of the Products together with all other charges payable by you pursuant to these Terms, less any deposit paid. Upon receipt of your full payment, the deposit will be applied by us as part of the price of the Products. At the time that you place your order and pay the deposit for that order, we will issue you with a document called a ‘Customer Sales Order’ that specifies the details of your order. The Customer Sales Order becomes your proof of purchase upon your full payment.

At the time that you place your Order and pay the deposit for that Order, we will issue you with a document called a ‘Customer Sales Order’ that specifies the details of your Order. The Customer Sales Order becomes a proof of purchase upon your full payment.

WEBSITE ORDERS

For orders placed through the Website, payment of a deposit will be required at the time of placing the order. Payments can be made via Credit or Debit Card, or other payment options that King Living may introduce from time to time. When full payment is received, we will issue a Customer Sales Order via email as your proof of purchase.

RISK AND TITLE

All risk in Products passes to you on delivery, which is when:

(a) if we deliver the Products to the delivery address, at the time immediately prior to when the Products are unloaded at the delivery address; or

(b) if you nominate to arrange for the Products to be collected from a King Living warehouse or showroom,

a. Applicable Products are accessory cushions, ottomans specifically only Crescent, Bongo and not including Jasper or Plaza;

b. Timber only side tables and Pocket Accessories tables/Lights,

At the time immediately prior to the Products being loaded onto transportation at a King Living warehouse or once the Products are collected by you in the showroom. For showroom collections our retail team cannot for health and safety reasons provide assistance with loading Products into your vehicle.

All title in the Products passes to you on receipt by King Living of the full payment for the Products and all other charges payable by you pursuant to these Terms.

DELIVERY

We deliver across the United Kingdom and Ireland and may also be able to arrange delivery to locations beyond this. Please consult our Showroom Team Members to discuss your delivery requirements and obtain details of delivery costs. For Website orders, delivery costs will be calculated after the order is placed and we will contact you to confirm these costs. If you have any questions about delivery, please contact us on +44 800 066 8116.

For any standard Products we will deliver the Products to you as per the indicated ETA (Estimated Time of Arrival) on your order as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. For any bespoke Products we will provide you with an estimated delivery date. You must not defer the estimated delivery date without King Living’s prior written consent.

In the event that your order is ready for delivery sooner than the initial estimated delivery date determined pursuant to these Terms, and you accept an earlier estimated delivery date, then the earlier delivery date will become the new estimated delivery date. In these circumstances, the Terms that apply to the estimated delivery date will apply to the new estimated delivery date. The estimated delivery date in these Terms applies to the delivery of the Products and/or the collection of the King Living furniture, as these services apply to you, where you have prearranged these and King Living has confirmed these in writing to you.

PROVIDING THE CORRECT ADDRESS

You must ensure correct delivery address details are provided to King Living at the time of order placement and notify King Living in advance if there will be any difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, and collection of King Living furniture, as is applicable to you. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.

RECEIVING YOUR PRODUCTS

Products can only be delivered to or collected by a person aged over 18 years and who is able to accept delivery and is present at the delivery address at the time of delivery. In cases where:

• an appropriate person is not available to accept delivery or collection by King Living on the pre-arranged delivery date and time; or

• in the case of Product delivery, if there is insufficient space available to lay out the Products at the delivery address, and delivery and/or collection (as is applicable to you) cannot be made,

a card will be left and you will be responsible for organising collection or redelivery of the Products. If this occurs, you will be charged and are liable for the costs associated with each attempted delivery, each attempted King Living furniture collection, transport, re-delivery and storage of the Products, as applicable. You are also liable for any additional costs incurred by King Living as a result of difficulties with access in delivery of the Products and/or collection of the King Living furniture.

ASSEMBLY

Products will only be assembled by King Living if you purchased ‘Deluxe Delivery’ at the time you placed your order. In this case the Products will be assembled at the delivery address at the time delivery is made.

Please note if you purchased ‘Express Delivery’ when placing your order, the Products will not be assembled at the time delivery is made. If you wish for King Living to assemble the Products, you must contact the King Living despatch team on +44 800 066 8116 or by email at [email protected] at least 14 days prior to the scheduled delivery date, to purchase the ‘Deluxe Delivery’ service and to arrange a time for the Products to be assembled.

UNABLE TO ACCEPT DELIVERY OR COLLECT?

If you do not accept delivery or collect your Products within:

• 7 days from the date of your original delivery for clearance stock items; or

• 14 days after the estimated delivery date for all other stock, (the applicable ‘Delivery Period’), then immediately on expiry of the Delivery Period, King Living will either:

(a) if you have paid the full purchase price, require that you arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery, storage and associated charges. If King Living delivers your order to a storage facility of your choosing, King Living relinquishes all liability for the order. King Living may assist you with arranging a storage facility; however there is an additional cost for this service; or

(b) if you have not paid the full purchase price or if you do not attend to the matters in (a), rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you:

• agree to forfeit the deposit paid, or, if the Products are clearance stock, the full price of the Products; and

• will have no further claim to the Products; and

• King Living may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

ORDERS WITHOUT A DELIVERY DATE – BESPOKE PRODUCTS

If you place an order for bespoke Products and King Living is unable to provide a delivery date at the time of order, King Living will ensure:

(a) within 6 weeks of receipt by King Living of your full deposit you must confirm your order and mutually agree on an estimated delivery date from the dates that are offered by King Living as possible delivery dates for your order; and

(b) once the estimated delivery date is booked with King Living, you may make any changes to your order within 7 days after which King Living will commence manufacturing the bespoke Products immediately. When an estimated delivery date is agreed upon, the terms and conditions under the headings ‘Delivery’ and ‘Cancellation of Order’ in these Terms will apply to the delivery and cancellation of the order. If you do not comply with the conditions in paragraph

(a) above or you choose to cancel your order in circumstances where no estimated delivery date is set pursuant to paragraph

(a), King Living will rescind the contract for sale of the Products by notice to you by email and treat your failure to agree to an estimated delivery date as your cancellation of your original order. In these circumstances, you:

(a) agree to forfeit the deposit up to £500 paid by you to King Living in payment for King Living’s administrative costs and expenses incurred in handling and cancelling the order;

(b) agree to receive the balance of the deposit by refund to the credit card, debit card or bank account, depending on how the initial deposit was made; and

CANCELLATION OF ORDERS

For in-store purchases, King Living does not provide refunds or exchanges if you change your mind or make a wrong selection, so please choose carefully and check your proposed order carefully. If you cancel your order King Living will rescind the contract for sale of the Products by notice to you, and you:

(a) agree to forfeit the full deposit up to £500 paid in payment for King Living’s administrative costs and expenses incurred in handling and cancelling the order, and to receive the balance of any deposit paid by refund to your credit card, debit card or bank account, depending on how you made the initial deposit, if the manufacture of your Products has not commenced; and

(b) agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced; and

(d) King Living may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

King Living accepts no cancellation of orders, returns, refunds or exchanges on clearance stock for any in-store orders.

DELAY IN DELIVERY OF PRODUCTS

If King Living’s supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided King Living do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, King Living’s liability will be limited, at King Living’s option, to resupplying the bespoke Products at a different time.

PRODUCT VARIATIONS AND SPECIFICATIONS

Your Product may exhibit different characteristics to the sample in the King Living showroom or images on the Website. Please note that soft furniture may vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather, which vary from product to product. The images of the Products on the Website are for illustrative purposes only. We have made every effort to accurately display colours, but cannot guarantee that devices on which Products are viewed accurately reflect the colour of the Products. Your Product may vary slightly from those images.

To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to King Living’s best judgment to improve the design of the Product where these changes are limited to the internal changes to the Products and are not noticeable to you.

INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS

Where you are purchasing Products in-store that are clearance stock items you must inspect the Products prior to purchase and in purchasing such Products you accept any defects and minor damage to those Products. Any scratches, marks or damage not affecting the performance of the Products will be noted at time of purchase and will not form part of any warranty provided by King Living in relation to those Products.

All clearance items with electrical components will be covered for a maximum warranty period of 2 years. After this period, a call out fee and the cost of all parts and repairs will be payable by you.

YOUR LEGAL RIGHTS

Summary of your legal rights. We are under a legal duty to supply Products that conform with these Terms. Nothing in these Terms affects your legal rights.

During the expected lifespan of your Product your legal rights entitle you to the following:

• up to 30 days: if your Product is faulty, then you can get an immediate refund.

• up to six months: if your Product is faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases.

• up to six years: if your Product contained an inherent fault you may be entitled to some money back.

The Product must be returned to King Living before any refund, repair or replacement can be provided. If you report a fault after 6 months from the date of delivery then you will have to provide evidence that the fault in the Product was caused by King Living rather than damage being due to reasonable wear and tear or a fault that has been caused by you.

Website Orders

For any orders placed on the Website, you have the right to change your mind within 14 days after delivery and receive a refund for the Products plus standard delivery costs. We are entitled to reduce the amount of any refund to reflect any reduction in the value caused by you or if you have failed to take reasonable care when handling the Products, and any delivery charges above the standard rate will not be refunded.

Your rights to cancel excludes:

i) Bespoke items custom made to your specification.

ii) Mattresses or any Products sealed for health protection or hygiene purposes. All mattresses are delivered sealed in clear plastic wrapping that will allow for inspection. Any mattresses that have been unsealed will be deemed as having been used so they cannot be returned for any reason other than because they are not as described or are not of satisfactory quality.

iii) Self-assembly items that have been damaged during assembly.

iv) Purchases made in-store or where you have inspected the Product prior to purchase.

If you wish to exercise this right please contact us on on +44 800 066 8116 or by email at [email protected] as soon as possible. You must arrange for the return of the Products to us, showing no evidence of use, within 14 days of you telling us you wish to cancel the order. Whilst the Products are in your possession you must not handle them beyond what is necessary to establish their nature, characteristics and function. It is your responsibility to return any Products to the designated delivery point in good condition using appropriate packaging and transportation, and to take reasonable steps to prevent any damage. We may charge you for any usage of the Products prior to return to us so you should try not to use the Products while in your possession.

Once we have received the Products and are satisfied that they are acceptable we will make any refund due in respect of the Products to the original payment method within 14 days of receipt of the Products.

WARRANTIES

Please choose carefully as King Living does not provide a refund or exchange for in-store purchases simply because you have changed your mind or the Products did not meet your expectations. King Living is not responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by King Living. Unless Products are faulty, we are unable to refund, exchange or credit your account. King Living will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.

LIABILITY

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and King Living is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

(a) any increased costs or expenses;

(b) any loss of profit, revenue, business, contracts or anticipated savings;

(d) any act, omission or negligence by you, your agents or representatives;

(e) any loss or expense resulting from a claim by a third party; or

(f) any delays in delivery of the Products;

(g) any special, indirect or consequential loss or damage of any nature whatsoever caused by King Living’s failure to complete or delay in completing the order to deliver the Products.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.

When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

To the full extent permitted by law, where King Living’s liability cannot be excluded, the maximum aggregate liability of King Living for any breach of a condition, guarantee or warranty whether implied by law or otherwise, is limited to, at the option of King Living:

(a) the replacement of the Products;

(b) the repair of the Products;

(d) the payment of the cost of having the Products repaired.

In circumstances where King Living’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of King Living for any breach of a condition, guarantee or warranty whether implied by law or otherwise, is limited to the amount payable by you to King Living in respect of the Product giving rise to the liability.

INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

You must inspect your Products when you take delivery of them and you will be required to note any damage on the delivery documentation which is presented to you upon delivery. This does not apply to clearance items, where you accept any defects and minor damage to such Products.

In all other cases, to make a claim you must notify King Living of any damage to the Products or shortages in delivery within 24 hours of delivery by King Living by contacting +44 800 066 8116 by sending an email to [email protected], by sending a notice in writing to King Living by registered post, or by speaking with a King Living customer service representative at a King Living showroom. The notice must contain the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. King Living is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms.

To the extent permitted by law, non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.

ACCURACY OF INFORMATION

While King Living aims to ensure that the information about its Products and pricing is correct on our Website and in our showrooms, sometimes errors do occur. The information on the Website is for information purposes only. While King Living has used its best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, the Website may contain technical inaccuracies or typographical errors. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid. Where the price for a Product on the Website is different to the price displayed in a King Living showroom, the price displayed in the King Living showroom is the correct price.

INTELLECTUAL PROPERTY

You acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of King Living.

You will not knowingly allow any intellectual property belonging to King Living to be reverse engineered, pirated or copied or breached in any other manner. King Living may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of King Living's intellectual property rights.

PRIVACY

We will only use your personal information as set out in our Privacy Policy which is available on the Website (Privacy Policy) or upon request.

INDEMNITY

To the full extent permitted by law, you will indemnify King Living and keep indemnified King Living from and against all liability, loss or damage King Living may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you.

GOVERNING LAW AND JURISDICTION

These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.

GENERAL

Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between King Living and you for the purchase of the Products. If any part of these Terms are found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.

Nobody else has any rights under this contract. This contract is between you and King Living. No other person shall have any rights to enforce the Terms.

Even if we delay in enforcing the Terms, we can still enforce our rights later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

CONTACT

For further information please contact King Living Customer Service:

+44 800 066 8116

[email protected]

231 Tottenham Court Road

London,

W1T 7QF

United Kingdom