King Website - Terms of Service

King Website - Terms of Service

This website is owned and operated by King Living New Zealand Limited, company number 5542267 (“King Living” or “King Furniture” or “we” or “us” or “our”). By entering, accessing or using our website in any way, you agree to be bound by these Terms of Service, including our Privacy Policy, and any other laws or regulations which apply to this website.

In addition, when you purchase any products or services through this website, you will be deemed to accept these Terms of Service and you will purchase any products or services through this website subject to our Terms of Service as well as other terms set out in our sales order pages and other terms and conditions we include as a part of the sales process. By using this website, you acknowledge that you have read, understood and agree to be bound by all of our Terms of Service as they may be updated from time to time. If you do not agree with our Terms of Service you must not use our website or make any purchases using our website.

King Living reserves its right to modify any of these Terms of Service at any time and an updated version of the Terms of Service will be posted on the website. If you do not agree with any of the amendments, you must not use the website and you must not purchase any products or services through this website.

ACCURACY OF INFORMATION

While King Living aims to ensure that the information in this website is correct, sometimes errors do occur.

The information on this 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. King Living does not accept any responsibility for any error, omission or defect in the information provided on this website.

WARRANTIES

As a condition of your use of this website, you warrant that:

  • you will abide by our Terms of Service at all times while using our website; and
  • you will supply only accurate and complete information when requested by our website; and
  • you are at least 18 years of age; and
  • if you make a purchase using this website, you are authorised to use the credit or debit card that you use to make the purchase.

While using this website, you will not:

  • impersonate any person or entity;
  • make any false or fraudulent entries or provide misleading information;
  • engage in any illegal activities in using this website;
  • post or transmit to or engage via this website in any unlawful, threatening, defamatory, obscene, or pornographic material that could reasonably give rise to civil or criminal proceedings;
  • knowingly transmit any virus or other disabling feature to the website;
  • interfere with, disrupt, or create an undue burden on the website or the associated systems;
  • engage in any activity that may infringe the rights of King Living or others;
  • frame or mirror any part of the website without our written approval; or
  • except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so.

If you believe that a user has breached any of the above conditions, please contact us.

NON-COMMERCIAL USE ONLY

You may only use this website for your own personal use (which will at all times be reasonable, not abusive) or for purposes legitimately connected with purchasing our products and services for domestic use.

You are not allowed to access, use or copy any material or information on this website for any commercial or unlawful purpose. You may print off any individual page for your own personal use only.

TERMS OF SALE

By placing an order, you are offering to purchase a product subject to the following Terms of Service and the Terms and Conditions of Sale. In the event that any term within the Terms and Conditions of Sale

and these Terms of Service conflict, the latter will prevail to the extent of the conflict and inconsistency.

All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to delays resulting from postal delays or force majeure for which we will not be responsible.

OTHER MATERIAL

In the event of any conflict between these Terms of Service, the Terms and Conditions of Sale, any information that may be contained on our website and any material delivered with any King Living product, the terms of any material delivered with any King Living product shall prevail to extent of any inconsistency and conflict.

OUR CONTRACT

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. The email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the products will not be formed until:

  • if your payment is by card, your payment has been approved by us and we have debited your credit or debit card; or
  • if your payment is by finance, your finance has been approved.

PAYMENT BY CARD

Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

PAYMENT BY FINANCE

Upon receiving your order and where finance is requested by you, the third party credit provider will carry out all relevant checks to assess your credit worthiness. Goods will not be dispatched until finance is approved.

DISCOUNT CODES

We may from time to time offer promotional discount codes, which may apply in respect of any, or certain specified, purchases made through this website.

The conditions of use relation to any discount code will be specified at the time of issue.

PRICING

All references to $ and dollars on this website are to New Zealand dollars.

Where applicable, prices are inclusive of GST. Delivery costs will also be charged and such additional charges are clearly displayed where applicable and are included in the ‘total cost’.

Whilst we try and ensure that all details, descriptions and prices that appear on this website are accurate, errors, including processing errors, may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this 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 the order is cancelled and you have already paid for the goods, you will receive a full refund.

This website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or updated information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on the information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms or return policies.

PRODUCT DESCRIPTIONS AND COLOURS

In describing the products available to purchase online, King Living attempts to be as accurate as possible. However, King Living does not warrant that product descriptions or other content of King Living services are accurate, complete, reliable, current or error-free. If a product offered by King Living itself is not as described, your sole remedy is as follows:

(a) where you are acquiring the products for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993 (“CGA”), to return it in unused condition and in its original packaging for a refund of the purchase price paid in respect of the relevant product(s); or

(b) in all other instances, to exchange each relevant product for a replacement product of an identical type, or a refund of the purchase price paid in respect of that product.

The colours of our products represented on this website are as accurate and close to the actual colour of the products sold by us. However, the actual colour of the product may differ from the website as depiction of colour is dependent on lighting and the qualities of your online device. Variation between the two may be unavoidable.

AVAILABILITY

Some products displayed on this website may be unavailable, out of stock or only offered for a limited time only. We make no representation as to the continued availability of any King Living Product. While we intend to carry sufficient inventory to service all customer requests, we may not be able to fill all orders for the advertised products.

Products seen on our website may not be available in all stores.

LINKING AND THIRD PARTY CONTENT

The website may contain links and third party advertisements which contain embedded hyperlinks to websites operated by third parties. Such links are provided for convenience only and King Living is not responsible for the content and maintenance of or privacy compliance in relation to any linked website. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of King Living for such goods or services, nor does King Living make any representations or warranties as to the accuracy, completeness, performance or timeliness of any aspect of information contained in those third party internet sites. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties. If you use or rely upon third party content, you do so solely at your own risks.

SWEEPSTAKES AND PROMOTIONS

Further terms and conditions may apply to the use of this website. For example, certain parts of the website may contain competitions or promotions from King Living or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time and are in addition to these Terms of Service. By entering or participating in the relevant competition or promotion you agree to be bound by these Terms of Service and any additional terms and conditions that may apply for the relevant competition or promotion. In the event that any term within these Terms of Service conflicts with a competition or promotion’s terms and conditions, the latter will prevail to the extent of the conflict. Notwithstanding any specific Terms of Service, King Living specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.

SECURITY

Third parties may intercept or modify transmissions to and from this website and it is possible that computer viruses or other defects may be contained in files obtained from or through this website. King Living is not liable for any damage that may be a result of your use of this website or of any linked website. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any third party content or third party websites.

PRIVACY

We collect personal and other information through this website. Our use of your information is regulated by the Privacy Act 1999 and other legislation. Our Privacy Policy governs how we use personal information supplied to us.

COPYRIGHT

All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owed by or licensed to King Living and is subject to copyright. Any use of our website and its Content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, sale, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of King Living.

INTELLECTUAL PROPERTY AND TRADEMARKS

King Living is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to King Living in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. All King Living’s innovations are protected by patents and design registrations pending and granted. The use or misuse of any of King Living’s intellectual property is prohibited without the prior written permission of King Living, 535 Parnell Rd, Parnell, Auckland 1052, New Zealand.

Nothing contained in this website should be construed as giving you any right in or license to any of the intellectual property or copyright on or associated with this website.

Trade marks are used on this website to describe third parties and their products. They are the trade marks of those parties.

ACCOUNT

If you use any King Living services, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password.

OVERSEAS ACCESS

This website may be accessed in New Zealand and throughout the world. King Living makes no offer in or by this website to sell any product or service in any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

OUTAGES

King Living reserves the right to cease, interrupt or withdraw your access to the website for any reason, including without limitation, for upgrades and maintenance of the site.

CONSUMER GUARANTEES

The CGA, the Fair Trading Act 1986 (“FTA”), and other statutes may impose warranties, conditions and obligations on King Living which cannot by law (or which can only to a limited extent by law) be excluded.

Where you acquire a product from King Living for the purposes of a business:

(a) the parties acknowledge and agree that:

(i) you are acquiring the product for the purposes of a business in terms of sections 2 and 43(2) of the CGA; and

(ii) the product is supplied and acquired in trade for the purposes of the FTA and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations) and 13 (False and misleading representations); and

(b) you agree that all warranties, conditions and other terms implied by the CGA or sections 9, 12A and 13 of the FTA or any other statute or common law are excluded from these terms to the fullest extent permitted by law and that such exclusion is fair and reasonable.

LIABILITY OF KING LIVING & INDEMNITY

To the full extent permitted by law (including the CGA and FTA):

  • Your use of this website or any information on this website is entirely at your own risk. King Living makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. King Living expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • King Living does not make any guarantees or warrant that this website will be available in any place, free of faults or error, free from unauthorised interception or access, or free from viruses or other defects, or free from blockages, delays, network failure, congestion, interferences or faults of any kind.
  • King Living is not liability for any damage or loss whatsoever arising out of or in any way related to, the use by you or anyone else of any other site linked to this website.
  • King Living is not liable to you or anyone else for:
    • the products on the website being unavailable;
    • your inability to access the website;
    • the loss of information or loss of confidentiality in any information or material transmitted to or from the website;
    • any decision, action or inaction taken in reliance on the information in, or connected with, this website; losses, costs or damages suffered or incurred by you, including direct or indirect, special, incidental, compensatory, exemplary, consequential loss (including loss of profits, loss of business revenue, failure to realise expected profits or savings, overhead costs, loss of goodwill, loss of reputation, loss of value in any intellectual property), damages or liquidated sums payable pursuant to other agreements, other economic losses, or any consequential or indirect losses of any kind howsoever arising or other damages in connection with your use of this website;
    • your use or misuse of this website or any information or material contained in this website; and
    • any defect, technical problem or virus attached to or arising from this website or the server.

You agree to indemnify and keep indemnified King Living in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which King Living may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms of Service by you, or the infringement by you, of any intellectual property, copyright or other right of any person or entity.

In this paragraph, ‘King Living’ includes its directors, officers, employees, agents, contractors, franchisees, successors or assigns.

GOVERNING LAW

The use of this site is governed by, construed and enforced in accordance with the laws of New Zealand. By using this website, you agree that the Courts of New Zealand will deal with any disputes which may arise through its use.

If any part of these terms is found to be invalid or unenforceable, it shall be removed without affecting the remainder.

No waiver of any of these terms or failure to exercise a right or remedy by King Living will be considered to imply or constitute a further waiver by King Living of the same or any other term, condition, right or remedy.

CONTACT

If you have any queries regarding these Terms of Service, please contact us at kingcare@kingliving.co.nz