v.20250801

King Living - Standard Terms and Conditions of Sale (Malaysia) 

1 INTRODUCTION

1.1 Thank you for choosing King Living. Subject to the exceptions in clause 2 ,these Terms and Conditions of Sale (Terms) apply to all purchases of any King Living product including a made to order King Living product (Products).
1.2 In these terms we, our, us King Living and similar expressions, refer to Meridian Outlook Sdn Bhd (1216613-U). 
1.3 You, your and similar expressions, refer to you, King Living’s customer or prospective customer.

2 CLEARANCE PRODUCTS AND TRADE SALES – DIFFERENT TERMS APPLY

2.1 If you are purchasing a Product which is a Clearance Product then:
     (a) these Terms do NOT apply to your purchase; and
     (b) these Terms are entirely excluded and are replaced by King’s (Clearance Products) Terms and Conditions of Sale.

2.2 Clearance Product refers to any goods which are offered for sale or sold by King Living where those goods are:
     (a) advertised on our King Outlet Website (Outlet Website); or
     (b) for sale in a King Living showroom or part of a showroom which is branded as KING OUTLET and/or which is substantially dedicated to the sale of Clearance Products; or
     (c) identified and promoted as being a “Clearance” item or an “Outlet” item (or similar title); or
     (d) identified and promoted as being used (not new) products, returned products or discontinued products;
     (e) identified and promoted as being products which are, or may be, defective, damaged, flawed or otherwise of substandard quality; or
     (f) for sale in the course of a “Clearance Sale” (or a promotional sale with a similar title) conducted by King Living.
2.3 King Living operates a Trade & Commercial business division (King Trade) which caters to the needs of designers, architects, developers, specifiers and other approved trade customers (Trade Clients). If you are purchasing a Product as a King Trade Client then:
     (a) these Terms do NOT apply to your purchase; and
     (b) these Terms are entirely excluded and are replaced by ourTrade Client Terms and Conditions of Sale (KING Trade)

3 PLACING AN ORDER

3.1 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.
3.2 By making a part payment (Deposit) for your order of the Products, and such part payment is accepted and received by King Living whereupon the order shall, immediately be binding on King Living, you:
     (a) shall be deemed to have read and agreed to all of the terms and conditions set out in these Terms;
     (b) warrant that, where applicable, you are authorised to use the credit card or debit card that you use to make the purchase;
     (c) warrant that you are at least eighteen (18) years of age; and
     (d) become liable to pay the balance of the price for the Products in accordance with these Terms.

3.3 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.

4 PRICES

4.1 The prices for Products are in Ringgit Malaysia (RM) and inclusive of SST.
4.2 Delivery costs will be charged in addition to the price of Products and shall be included in the total cost of the order at check out.
4.3 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.
4.4 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 after making reasonable attempts, we will treat the order as cancelled. If the order is cancelled under these circumstances and you have already paid for the Products, you will receive a full refund of the sum you have paid for the Products.

5 PAYMENT

5.1 Where the Products are clearance stock items, full payment of the purchase price of the Products by cash, credit/debit card, cheque or bank transfer are required at the time of purchase.
5.2 Where the Products are non-clearance stock items, a Deposit is required at the time of placing the order. We will notify you of the sum of the Deposit required before we process your order. Thereafter, full payment shall be made by either cash, credit, debit card or bank transfer within seven (7) days prior to the estimated delivery date of the Products.
5.3 Please refer to the additional payment terms below which apply in the event that you opt to make a payment by cheque or card.
5.4 You are responsible for any costs incurred in arranging payment for the Products, which shall include but not be limited to, any bank transfer fees and related charges.
     (a) Payment by cheque

Payment by company or personal cheques must be received by us at least ten (10) working days prior to the estimated delivery date of the Products. Such payment by cheques must clear with our bank(s) prior to delivery of the Products.

     (b) 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. Your order will not be dispatched until this pre-authorisation check has been successfully completed. Your card will be debited once the order has been accepted.
For the avoidance of doubt, any reference to ‘final payment’ means the price of the Products, together with all other charges payable by you pursuant to these Terms less the Deposit paid. Upon receipt of your final payment, the Deposit will form part of the total price paid for the Products.

5.5 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 our receipt of your final payment.

6 RISK AND TITLE

6.1 All risk in Products passes to you on delivery or pick-up as specified below.
     (a) If we deliver the Products, delivery occurs immediately after the Products are unloaded at the delivery address; and
     (b) if you request to pick up the Products from a King Living warehouse or showroom, delivery occurs just prior to the Products being loaded onto transportation at the King Living warehouse, or once the Products are collected by you in the showroom, as 
6.2 For showroom collections, our retail team cannot assist in loading the Products.
6.3 For warehouse collections, you are solely responsible (and therefore you accept the entire risk) for moving the Products from the warehouse pick-up point and loading into your vehicle. You are responsible for arranging for pick-up, loading, and receipt of picked-up Products. Our personnel are not authorized to assist you in doing so, and King Living will not be liable for any loss or damage incurred, if they do so.
6.4 All title in the Products passes to you upon receipt by King Living of the full payment for the Products and all other charges payable by you pursuant to the Sales Order and these Terms.

7 DELIVERY OR COLLECTION

7.1 At the time of placing your order, you may nominate to have the Products delivered to you or collected by you. 
7.2 If you nominate collection: 
     (a) Collection may be from our warehouse or a King Living showroom, subject to clause 7.2(b)and 7.2(c).
     (b) Only certain Products can be collected from a showroom. Those Products are: accessories, cushions, ottomans (specifically only Crescent, Bongo and not including Jasper or Plaza), timber only side tables and Smart Pocket Accessories.
     (c) To be clear, Products which have been ordered online, King Care and Customer Service Orders cannot be collected from a Showroom, but may be collected from a warehouse.
7.3 If you nominate delivery:
     (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. 
7.4 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. In both cases, King Living will notify you in order to confirm the prearranged Delivery Date. 
7.5 We reserve the right, in our discretion, to make partial deliveries of any order, at no cost to you. If we do not deliver all the Products in your order at the same time, that does not invalidate these Terms insofar as those partial deliveries are concerned. Despite this, if you request or cause King Living to make partial deliveries of your Products, you will be charged the full delivery charge for each partial delivery.

8 CORRECT ADDRESS AND ACCESS TO PREMISES

8.1 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.
8.2 You must notify King Living in advance if it is possible that accessing the delivery address will be difficult for any reason (e.g. if there are staircases or narrow passages).
8.3 You are solely 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.

9 DELIVERY PERIOD - FAILURE TO ACCEPT DELIVERY

9.1 The Delivery Period is 14 days after the Estimated Delivery Date. 
9.2 If you do not accept delivery or collect your Products within the Delivery Period, then immediately on expiry of the Delivery Period, King Living will:
     (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.
     (b) if you have not paid the full purchase price or if you do not attend to the matters in (a), 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:
         (i) you agree to forfeit the deposit paid; and
         (ii) you agree that you have no further claim to the Products; and
         (iii) 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.

10 ORDERS WITHOUT A DELIVERY DATE

10.1If 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 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, changes to your order cannot be made as King Living may commence manufacturing the Products immediately.
10.2 When an estimated Delivery Date is agreed upon, the terms and conditions under the headings ‘Delivery Period – Failure to Accept Delivery’ and ‘Cancellation of Order’ in these Terms will apply to the delivery and cancellation of the order.
10.3 If you do not comply with the conditions in clause 10.1(a) above or choose to cancel your order in circumstances where no estimated Delivery Date is set pursuant to clause 10.1(a), King Living will terminate 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:
     (a) you 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) you 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
     (c) you will have no further claim to the Products.

11 CANCELLATION OF ORDER

11.1 Please choose your Products and their specifications carefully as we do not accept any refunds or exchanges if you change your mind or make a wrong selection. 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. If you cancel your order where:
     (a) the Products are clearance stock items; or
     (b) the manufacture of your Products has commenced; or
     (c) you do not accept delivery of your Products,
11.2 For reasons other than unacceptable quality of the Products, unfit for the purposes made known to you at the time when an order is placed or the non-conformance of the Products delivered in comparison with its description, and where we have not otherwise refused, neglected or failed to remedy the relevant defect within a reasonable time (if remediable), you agree to pay a cancellation fee up to the entire purchase price of the Products plus all costs and losses incurred by King Living associated with storage and handling fees, at King Living’s reasonable discretion.
11.3 King Living accepts no cancellation of orders, returns, refunds or exchanges on clearance stock to the extent that any physical imperfections or other defects have been made known to you or have otherwise been identified by you from your reasonable inspection at the time of your purchase.

12 DELAY IN DELIVERY OF YOUR FURNITURE

12.1 King Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond our reasonable control, except to the extent that the delay was caused by King Living’s negligent act or omission.
12.2 We will use reasonable endeavours to meet the estimated Delivery Date. If we do not meet the estimated Delivery Date, we will use reasonable efforts to deliver the Products at a different time and as soon as possible after the estimated Delivery Date (and that is the limit of our obligations and liability for failing to meet the estimated Delivery Date).
12.3 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.
12.4 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.