Terms and Conditions | King Living

KING LIVING - TERMS AND CONDITIONS OF SALE

1. INTRODUCTION

1.1 These Terms and Conditions of Sale (Terms) apply to all purchases of any 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.

1.2 We, King Living and similar expressions, refer to King Living New Zealand Limited (company number 5542267). You, and similar expressions, refer to you, King Living’s customer or prospective customer who purchases Products directly from King Living.

2. PLACING AN ORDER

2.1 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.

2.2 When a part payment (deposit) is received by King Living relating to your purchase of the Products, the order becomes immediately binding on King Living and you:

(a) agree to all of the terms and conditions set out in these Terms; and

(b) become liable to pay the balance of the price for the Products in accordance with these Terms.

2.3 When placing an order and paying a part payment (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.

3. PRICES

3.1 The prices for Products are in New Zealand dollars and inclusive of GST.

3.2 Delivery costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.

3.3 All additional costs payable by you pursuant to these Terms are payable to King Living at such times as you are notified by King Living from time to time.

3.4 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 the order is cancelled and you have already paid for the Products, you will receive a full refund.

4. PAYMENT

4.1 A part payment (deposit) is required at the time of placing the order, except where you purchase a clearance item. We will notify you of the part payment (deposit) required before we process the order.

4.2 Full payment by either cash, credit or debit card or by approved finance is required a week prior to the estimated delivery date of the Products.

4.3 Where the Products are clearance stock items:

(a) payment is required in full at the time of purchase for all such Products; and

(b) only payments by cash and credit card will be accepted. Finance is unavailable for all such Products.

4.4 For all Products, company or personal cheques will not be accepted. You are responsible for any costs incurred in arranging payment for the Products, which include without limitation bank transfer fees and related charges.

5. RISK AND TITLE

5.1 All risk in Products passes to you on delivery. Delivery occurs:

(a) where we deliver the Products to the delivery address, when the Products are unloaded at the delivery address; or

(b) where you nominate to arrange for the Products to be collected from a King Living warehouse or showroom, just prior to the Products being loaded onto transportation at the King Living warehouse.

5.2 You acknowledge that the Risk and Title provisions set out above create a security interest (as defined in the Personal Property Securities Act 1999 ("PPSA")) in all Products that have not been paid for in full. You agree that you will, at King Living’s request, promptly execute any documents, provide all necessary information and do anything else required by us to ensure that the security interest is perfected in accordance with the PPSA with such priority as King Living requires, including executing any variations to these Terms.

5.3 You waive your rights under the PPSA to receive a copy of any verification statement otherwise required by the PPSA. If applicable, so far as permitted by section 107 of the PPSA you agree that you will have no rights under sections 114, 116, 120, 121, 125, 126, 127, 129 and 131 and 133 of the PPSA, including the right to receive any notices. You agree, if applicable, that King Living may exercise its rights under sections 109 and 120 concurrently, and that repossession and retention of goods under sections 120-123 will immediately extinguish any rights and/or interests you may have in the Products and that King Living may allocate any monies it receives to debts, charges and expenses in any priority it determines.

6. DELIVERY

6.1 Any time quoted for delivery is an estimate only. The estimated delivery date will be arranged with you in advance, however, you must not defer the estimated delivery date without King Living’s prior written consent.

6.2 You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access (unless the failure to deliver on that date is due to King Living’s fault).

6.3 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 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. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order.

6.4 Products will only be delivered if a person aged over 18 years and who is able to accept delivery is present at the delivery address at the time of delivery. Should:

(a) an appropriate person not be available to accept delivery on the pre-arranged delivery date and time; or

(b) there be no space available to lay out the Products at the delivery address,

and delivery cannot be made, a card will be left and you will be responsible for organising collection or redelivery of the Products. You may also be charged for transport, re-delivery, storage and removal of existing furniture, whichever is applicable to your circumstances.

6.5 We reserve the right to make part deliveries of any order. Failure to deliver all the Products you have ordered at any one time shall not invalidate these Terms insofar as any part deliveries are concerned.

7. CONDITIONS FOR ORDERS WITH A DELIVERY DATE

7.1 If you do not accept delivery or collect your Product within:

(a) 2 weeks from the date of your purchase for clearance stock items; or

(b) 3 weeks after the estimated delivery date for all other stock,

(the applicable ‘Delivery Period’), you become immediately liable to:

(a) pay the full purchase price; and

(b) arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery charges.

7.2 King Living may assist you with arranging this. If you do not attend to these matters immediately on expiry of the Delivery Period, King Living will terminate 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:

(a) agree to forfeit the entire purchase price of the Products; and

(b) will have no further claim to the Products.

7.3 When you place an order with us:

(a) the persons who can contact King Living and who King Living will contact to confirm the date, time and location of delivery;

(b) the persons entitled to change the date, time and location for delivery; and

are governed by our Privacy Policy.

7.4 The information which can be provided to each of these nominated persons is dealt with in accordance with our Privacy Policy.

8. CONDITIONS FOR ORDERS WITHOUT A DELIVERY DATE

8.1 If you place an order for Products and King Living in its absolute discretion agrees not to set a delivery date for that order at the time of order placement, King Living does so on your strict compliance with the following conditions:

(a) within 6 weeks of receipt by King Living of your 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 not make any changes to your order.

8.2 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.

8.3 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 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 $500 of the deposit 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 customer made the initial deposit; and

9. CANCELLATION OF ORDER

9.1 Please choose Products carefully as King Living will not provide you with a refund or exchange simply because you have changed your mind or the Products did not meet your expectations. We recommend that you check any proposed orders in person at the King Living showrooms or online on the checkout page, whichever is applicable to you, before purchasing the Products.

9.2 If you cancel your order King Living will rescind the contract for sale of the Products by notice to you and the following will apply:

(a) if the manufacture of your Products has not commenced,

(i) you agree to forfeit the deposit which you have previously paid (up to $500) in payment for King Living’s administrative costs and expenses incurred in handling and cancelling the order; and

(ii) you agree 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);

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

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

9.3 Subject to clauses 12 and 13, King Living accepts no cancellation of orders, returns, refunds or exchanges on clearance stock.

10. DELAY

10.1 King Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond King Living’s reasonable control.

10.2 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 Products at a different time.

10.3 If at any time after receiving an order from you, King Living, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays King Living from supplying some or all of the Products set out in an order by the estimated delivery date, King Living may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.

10.4 In this paragraph:

(a) Force Majeure Event" means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans or other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond King Living’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time King Living receives an order from you; and

(b) "Insolvency Event" means any one or more of the following events:

(i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;

(ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;

(iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;

(iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

11. VARIATIONS AND SPECIFICATIONS

11.1 Your Products may exhibit different characteristics to the sample in the King Living showroom or images on the King Living 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.

11.2 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.

12. INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS

12.1 Where you are purchasing Products that are clearance 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.

12.2 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.

13. WARRANTIES

13.1 The Consumer Guarantees Act 1993 (“CGA”), the Fair Trading Act 1986 ("FTA") and other statutes may impose warranties, conditions and obligations on King Living which cannot be excluded. To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms, (or in other documents provided to you by King Living and which specifically relate to the Product in question), are excluded.

13.2 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.

13.3 Please choose Products carefully as King Living will not provide you with a refund or exchange simply because you have changed your mind or the Products did not meet your expectations.

13.4 King Living will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by King Living.

13.5 Subject always to our obligations under the CGA and the FTA which cannot be excluded, unless Products are faulty, we are unable to refund, exchange or credit your account.

13.6 Where you acquire Products from King Living for personal, domestic, or household use, nothing in these Terms shall derogate from the guarantees which apply under the CGA and the FTA.

13.7 Where you acquire a Product from King Living for the purposes of a business transaction in the course of trade, (and not for personal, domestic, or household use), you, and we, acknowledge and agree that:

(a) our transaction is within the scope of s 43(2) of the CGA;

(b) all warranties, conditions and other terms implied by the CGA are excluded from our transaction to the fullest extent permitted by law and that such exclusion is fair and reasonable; and

(c) sections 9, 12A and 13 of the FTA are excluded from our transaction to the fullest extent permitted by law and that such exclusion is fair and reasonable.

14. EXPORT ITEMS

14.1 14.1 To the extent permitted by law, no repair or service is provided by King Living for products it supplies to customers outside New Zealand.

15. LIABILITY

15.1 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;

(f) any delays in delivery of the Products; or

(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.

15.2 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 (including under the CGA), is limited to:

(a) the replacement of the Products or the supply of equivalent Products;

(b) the repair of the Products;

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

15.3 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 (including under the CGA) is limited to the amount payable by you to King Living in respect of the Product giving rise to the liability.

16. INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

16.1 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.

16.2 In all other cases, to make a claim you must notify King Living in writing of any damage to the Products or shortages in delivery within 24 hours of delivery by King Living by contacting 0800-546-422 (0800 KINGCARE) or by sending an email to [email protected]. 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.

16.3 Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.

17. PRODUCT SUITABILITY

17.1 King Living offers a range of spare parts and associated repair services which are available to you for a reasonable period after the Product is supplied to you. The date for the supply of spare parts will vary depending on the availability of such parts. The date and time for the supply of repair services will depend on the availability of parts and our technicians, and you will be given several options from which to select a suitable date and time. Please contact King-Care® Service Team on 0800-546-422 (0800 KINGCARE) more details.

17.2 King Living may also in its absolute discretion offer spare parts and repair services to owners of a King Living Product who did not purchase that Product directly from King Living. This is subject to the following terms and conditions:

(a) King Living’s call out fees and service fees apply. Please contact King-Care® Service Team on 0800-546-422 (0800 KINGCARE) for details; and

(b) full payment for the spare parts and repair services must be received by King Living before King Living will supply the spare parts and repairs and, if applicable, book a technician to carry out the repair services.

18. INTELLECTUAL PROPERTY

18.1 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.

18.2 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.

19. PRIVACY

19.1 We may collect personal information in connection with King Living’s dealings with you. If so, we will abide by King Living’s Privacy Policy, a copy of which is available on King Living’s website and by request.

20. INDEMNITY

20.1 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.

21. GOVERNING LAW

21.1 These Terms will be governed by and construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of that country and courts entitled to hear appeals from those courts.

22. GENERAL

22.1 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.

22.2 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.

23. CONTACT

For further information please contact King Living Customer Service:

0800 546 422

[email protected]