King Terms and Conditions of Sale (Australia) for Clearance Products

 

1 INTRODUCTION
1.1 These Clearance Product Terms and Conditions of Sale (Terms) apply exclusively to all purchases of any King Living Clearance Product, (which products may be referred to as Clearance Products, or Products in these Terms).
1.2 King’s standard Terms and Conditions of Sale continue to apply to any sale of a King Living product which is not Clearance Products. However, for every sale of Clearance Product, those standard Terms and Conditions of Sale are entirely replaced by these (Clearance Product) Terms and Conditions of Sale.
1.3 In these Terms:
  (a) we, our, us, King Living and similar expressions, refer to King Furniture Australia Pty Ltd (ACN 002 757 333).
  (b) You, your, and similar expressions, refer to you, King Living’s customer or prospective customer.
  (c) Clearance Product refers to a King Living product which is sold by King Living in the course of conducting a “Clearance Sale” (or a promotional sale with a similar title) where the products being sold are identified and promoted as being:
     (i) a Clearance Product; or
     (ii) used (not new) or returned products; or
    (iii) products which are, or may be, defective, damaged or flawed; or
    (iv) sold at substantial discount to the normal retail list price due to being defective, damaged, flawed or otherwise of substandard quality.

 

2 PURCHASING AND PRIOR INSPECTION

2.1 King Living reserves the right to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you.
2.2 In all cases, the full price of the Product is payable at time of sale. No deposit will be accepted.
2.3 Before or at the time of placing an order and making payment, you acknowledge and agree that you have inspected the Product and satisfied yourself that:
  (a) the Product is or may be, defective, damaged or flawed and may not operate as intended, or at all;
  (b) the Product meets your requirements and is suitable and sufficient for your intended purpose in all respects and despite being defective, damaged, flawed or inoperable.

 

3 PRICES

3.1 The prices for Products are in Australian dollars and inclusive of GST.
3.2 You are required to collect the Product from the point of sale or arrange for delivery. King may offer delivery services however delivery and access check costs (if applicable) will be charged in addition to the price of Products and in all cases this is at the discretion of King.
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 and provide you with a full refund of the amount of the price that you have paid.

 

4 PAYMENT
4.1 Full payment must be received by cleared funds into King Living’s bank account at the time of the sale. The reference to ‘full payment’ means: the price of the Products together with all other charges payable by you pursuant to these Terms (including delivery charges, if applicable).
4.2 Payment can be arranged by credit or debit card.
4.3 Bank transfer (EFT) or cash, company or personal cheques are not accepted for the purchase of any Products.
4.4 You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, bank transfer fees and related charges).
4.5 At the time that you place your order and pay the price for that order, we will issue you with a document called a Sales Order that specifies the details of your order. The Sales Order becomes a proof of purchase after we receive your full payment.

 

5 RISK AND TITLE
5.1 All risk in Products passes to you on delivery. More precisely:
  (a) if you are engaging a third party to deliver the Product to you or if you are collecting the product from the point of sale, delivery occurs after full payment is received by King; and
  (b) if we (or our subcontractors) deliver the Products to the delivery address, delivery occurs at the time when the Products are unloaded at the delivery address.
5.2 In all cases King Living’s retail team cannot, for health and safety reasons, assist in loading the Products into your vehicle.
5.3 You are solely responsible (and therefore you accept the entire risk) for moving the Products from the point of sale pick-up point and loading into your vehicle. We recommend that you should organise sufficient resources for this process. If you request assistance from our warehouse staff and if they elect to assist you (which they are not required to do, for health and safety reasons), King Living will not be liable for any loss or damage incurred because the entire risk has already been transferred to you.
5.4 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.

 

6 DELIVERY OR COLLECTION
6.1 Products must be collected by you at the time of placing your order.
6.2 If you are responsible for collecting then you must collect the Product from the point of sale within a reasonable time after payment has been received by King Living and in any event before close of business on the day of sale or as otherwise specified by King Living (in the discretion of King Living).
6.3 King Living is not required, but may in their discretion (and subject to payment of extra fees) offer you:
  (a) delivery services (to be performed by our subcontractor); and/or
 (b) short term storage.
6.4 If you have elected to receive delivery by King (and if King agrees to perform delivery services, which it is not obligated to do):
  (a) The estimated delivery date will be arranged with you in advance.
  (b) Any date quoted for delivery is an estimate only.
  (c) You must not defer the estimated delivery date without prior written consent from King Living.
6.5 In the event that your order is ready for delivery sooner than the initial estimated Delivery Date, and if 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.
6.6 Only Deluxe Delivery is offered for Clearance Products. Deluxe Delivery is only available in selected metropolitan areas in and around Brisbane, Gold Coast, Canberra, Melbourne, Sydney, Adelaide and Express Delivery is not available or offered.

 

7 CORRECT ADDRESS AND ACCESS TO PREMISES
7.1 If King agrees to perform delivery services, you must ensure correct delivery address details are provided to King Living at the time of order placement. We cannot deliver to PO Boxes. A person over the age of 18 years who is able to accept delivery must be available in person to accept the delivery of your order.
7.2 You must notify King Living in advance if it is possible that accessing the delivery address will be difficult (e.g. if there are staircases or narrow passages).
7.3 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/or removal of King Living furniture, as applicable.

 

8 SHORT TERM STORAGE OPTIONS
8.1 King Living is not required, but may in their discretion (and subject to payment of extra fees) offer you short term storage, provided that:
  (a) your order is ready in full at our site; and
  (b) you must request the storage option and pay any applicable fees in advance.
8.2 Collection or delivery of the Product must occur before the end of the storage period nominated by King Living.

 

9 DELIVERY
9.1 This clause applies only if King is responsible for delivery (which it may elect or decline to do, in its absolute discretion).
9.2 If you do not accept delivery or collect your Products within the applicable ‘Delivery Period’, (which is a maximum of 7 days from the date of your original delivery for Clearance Products) then immediately on expiry of the Delivery Period, King Living will require that you promptly 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.
9.3 If you do not promptly attend to the matters in 9.1 we may 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:
  (a) agree to forfeit the full price paid by you for the Products; and
  (b) you will have no further claim to the Products; and
  (c) King Living may in its sole discretion elect to dispose of the Products without further notice to you.

 

10 DELAY IN DELIVERY OF YOUR FURNITURE
10.1 This clause applies only if King is responsible for delivery (which it may elect or decline to do, in its absolute discretion).
10.2 King Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond our reasonable control.
10.3 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 redelivering the Products at a different time.
10.4 If at any time after receiving an order from you, King Living or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays King Living from supplying 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 (and refund the price to you) if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.
10.5 In this paragraph:
  (a) ‘Force Majeure Event’ means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), 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 CANCELLATION IS NOT AVAILABLE
11.1 Please choose carefully as we do not refund or exchange because you change your mind or make a wrong selection. The Products are being offered for sale at a discounted price because they are Clearance Products.
11.2 We recommend that you carefully check any every product in person at the site before purchasing the Products. Subject to any statutory consumer guarantee, no refund will be given. Each Clearance Product is unique and therefore no replacement product is able to be offered and the Product is not able to be repaired.
11.3 King Living accepts no cancellation of orders, or exchanges on Clearance Products.

 

12 INSPECTION OF CLEARANCE PRODUCTS
12.1 You are purchasing a Clearance Product. Please refer to the definition of Clearance Product in clause 1.3.
12.2 You must inspect the Products prior to purchase and in electing to purchase the Products you accept any defect, damage, flaw or otherwise substandard quality.
12.3 Clearance Products are not covered by King’s warranty, which is expressly excluded. Statutory Consumer Guarantees are not excluded.
12.4 Please choose 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. 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.
12.5 King Living will not be liable to provide any refund, return, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Product while in your possession or control.

 

13 CONSUMER GUARANTEES
13.1 Clearance Products are not covered by the King Warranty. The King Warranty is expressly excluded in its entirety and no warranty is offered for any Clearance Product.
13.2 Notwithstanding that there is no warranty offered for a Clearance Product, statutory Consumer Guarantees apply.
13.3 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
13.4 You are entitled to a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to a refund if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
13.5 Clearance Products are sold ‘as is’ (with defects and/or damage and/or flaw or inoperability). The Products are being offered for sale at a discounted price because they are Clearance Products. Please refer to the definition of Clearance Product in clause 1.3.
13.6 Due to the defective/damaged/flawed and therefore unique nature of each Clearance Product, it is not possible to exchange a Clearance Product for goods of similar quality.

 

14 LIABILITY
14.1 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;
  (c) your use or misuse of the Products;
  (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.
14.2 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 the Australian Consumer Law), is limited to the amount paid by you to King Living in respect of the Product giving rise to the liability.

 

15 PRODUCTS DAMAGED DURING DELIVERY
15.1 With respect to a Clearance Products, you are deemed to have accepted any defect, damage, flaw or inoperability in those Products (except for damage incurred during delivery). To make a claim you must promptly notify King Living of any damage to the Products or shortages in delivery. To make a claim:,
  (a) contact 1300-13-KING (5464);
  (b) visit our website and submit a customer service request https://help.kingliving.com.au/hc/en-au/requests/new
15.2 When you notify us of a claim, you must provide the order number, delivery date and reasonable details of the damage. Because they are Clearance Products, you are deemed to have accepted any defect damage, flaw or inoperability in those Products (except for damage incurred during delivery).
15.3 Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.

 

16 PRIVACY
16.1 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.

 

17 INDEMNITY
17.1 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.

 

18 GOVERNING LAW
18.1 These Terms will be governed by and construed in accordance with the laws of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

 

19 GENERAL
19.1 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.
19.2 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.

 

20 SPARE PARTS
20.1 King Living offers a range of spare parts and associated repair services which may be available for purchase by you after the Product is supplied to you.
20.2 Our ability to supply spare parts is not guaranteed and in all cases will depend on the availability of such parts and suitably qualified service technicians.
20.3 Clearance Products may not be capable of repair and in all cases King is under no obligation to offer repair services.
20.4 Spare parts and associated repair services may also (in our discretion) be available for purchase by the owner of a King Living Product who did not purchase that Product directly from King Living.
20.5 If you are interested in purchasing repairs or spare parts for a King Living Product, please contact King-Care® Service Team on 1300 546 422 for more details.

 

21 CONTACT
For further information please contact King Living Customer Service:

Phone: 1300 135 464
Web: https://help.kingliving.com.au/hc/en-au/requests/new
Address: 123 Turrella Street, Turrella NSW 2205 Australia