Terms and Conditions of Sale
Thank you for choosing King Living. The terms and conditions of sale below apply to all purchases of King Living products.
We, and similar expressions, refer to King Living Australia Pty Limited (ACN 002 757 333). You, and similar expressions, refer to you, our customer or proposed customer.
You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access. You must ensure correct delivery address details are provided to us and notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date for any reason, our liability will be limited, at our option, to resupplying the goods at a different time or at a maximum, to the refund of the purchase price.
Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. Should an appropriate person not be available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.
You are responsible for ensuring there is adequate access and entry to the site to allow the delivery of the products. If delivery cannot be made, a card will be left and you will be responsible for organising collection of the products from the address identified on the card.
You may be liable for payment of storage fees for products that cannot be delivered on the estimated delivery date.
Risk and Title
All risk and title in King Living products passes on receipt of full payment of the products by you.
Full payment by either cash or credit is required prior to delivery of the products. Company or personal cheques will not be accepted. You are responsible for any costs incurred in arranging payment for the goods e.g. bank transfer fees and related charges.
Cancellation of Order
We do not refund or exchange if you change your mind. You agree to pay a minimum cancellation fee of 30% of your order if you cancel your order. If you cancel your order after manufacture of your products has commenced, you agree to pay a cancellation fee up to the entire purchase price at our discretion.
Variations and Specifications
Your product may exhibit different characteristics to the sample of showroom furniture.
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.
We reserve the right to change dimensions, design and construction and to pattern match fabrics according to our best judgment without prior notice.
The following only applies if you are a deemed "consumer" under the Australian Consumer Law and may not apply in your particular case. In telling you the following, we do not vary or extend the remedies otherwise available to you.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If there is a defect in your King Living product that appears within the first 12 months, we will do the following:
- If a product has a minor defect, we will, at our option, repair it or offer you a replacement.
- If a product has a major defect, you are entitled to:
- reject the goods and receive a refund; or
- reject the goods and receive an identical replacement, or one of similar value if reasonably available; or
- keep the goods and receive compensation for the drop in value caused by the problem.
To the full extent permitted by law, the maximum aggregate liability of King Living for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Customer Law), is limited to the amount payable by you to us in respect of the product giving rise to the liability.
In addition to the rights and remedies you may have available under the Australia Customer Law or any other law that applies to the goods or services that you have purchased from King Living, you may also be entitled to additional benefits under the terms of any additional Extended Warranty that comes with your Product.
In order to submit a claim for a defective product, you will need to (at your own expense) contact King Living Customer Service on 1300-13-KING (5464) and send notice in writing to King Living at 123 Turrella Street, Turella NSW 2205, or by email at email@example.com with details of your name, address, telephone number, King Living product details, and details of the defect claimed.
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.
The customer 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.
Lowest Everyday Price Guarantee
Any item offered with this guarantee is being sold at our lowest price and will not be reduced any further except for a genuine clearance sale (if any) of that item. However, we reserve the right to increase the price due to increases in materials, freight, and manufacture.
If any part of these terms and conditions is 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 and conditions continues to be enforceable and valid.
These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.
For further information please contact King Living Customer Service:
123 Turrella St Turrella NSW 2205