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KING - TERMS AND CONDITIONS OF SALE

 

Thank you for choosing King Living. These Terms and Conditions of Sale (Terms) apply to all purchases of any King Living product/s including made to order 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.

 

We”, “Our” or “King Living” and similar expressions, refer to Meridian Outlook Sdn Bhd (121663-U). “You”, “your” and similar expressions, refer to you, King Living’s customer or prospective customer.

 

Australian design sale

Australian Design Sale 2021 offers include the following conditions:
  • Up to 50% off Bed packages and individual pieces applies to fabric, leather at up to 40% off. Free additional Airfit cover with any SLEEP+ mattress purchase
  • Up to 50% off Sofa packages and up to 35% off sofa individual pieces in fabric.
  • Up to 50% off Sofa packages and up to 25% off sofa individual pieces in leather. Additional special offers may apply to sofa package purchases
  • Sofa Beds available as ongoing offers not limited to this sale
  • Up to 62% off occasional range of armchairs, daybeds, bongos and ottomans in fabric and up to 30% off in leather. 35% off dining chairs in fabric and leather excludes leather for Aspen, Tuscany and Quay Indoor Dining Chair available at 25% off
  • Up to 51% off barstools in fabric and up to 52% off barstools leather
  • 50% off Aspen dining table. All other dining tables available at up to 40% off
  • Up to 50% off Coffee tables in timber and up to 40% off carrara marble
  • Up to 30% off bedside tables and dressers
  • Up to 45% off desks.
  • 40% of lighting by KING excluding Solifore Lamps available at 10% off
  • Up to 40% off rugs
  • Up to 50% off Outdoor sofas packages and up to 25% off individual or additional outdoor pieces
  • Up to 50% off Outdoor occasional pieces, including ottomans, dining chairs and barstools
  • Up to 50% off sofa accessories excludes Sonos speakers, Delta storage bins and spare parts. Excludes marble sofa accessories available at 20% off
  • KingGuard Plus and Magic joiners available as ongoing offer not limited to this sale
 
Full package price is based on purchasing the full price components individually. Delivery and accessories not included in price. Subject to availability. Ongoing offers are not limited to this sale. Products shown in advertising are for illustrative purposes only. Offers apply to selected products only. For more information speak to a KING Showroom consultant.

PLACING AN ORDER

 

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.

 

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.


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.

 

PRICES


The prices for Products are in Ringgit Malaysia (RM) and inclusive of SST.

 

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.

 

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.

 

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.

 

PAYMENT

 

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.

 

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.

 

Please refer to the additional payment terms below which apply in the event that you opt to make a payment by cheque or card.

 

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.

 

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.

 

RISK AND TITLE

 

All risks in the Products passes to you upon the occurrence of the following events:

 

a) delivery at the delivery address, if we deliver the Products to the delivery address; or

 

b) upon your collection of the Products from a King Living showroom, if you nominate to arrange for the Products to be collected from a King Living showroom.


Note that only the following Products may be collected from our showrooms:

i. accessory cushions, ottomans specifically from the Crescent and Bongo ranges only and does not include Jasper or Plaza ranges; and

ii. timber side tables and pocket accessories (i.e., tables or lights)

For avoidance of doubt, our retail team cannot, for health and safety reasons, assist in loading Products collected from our showrooms into your vehicle.

 

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.

 

DELIVERY

 

Any time quoted for delivery of the Products is an estimate only. You are required to arrange for the estimated delivery date in advance. Such estimated delivery date is fixed and firm and cannot be varied without King Living’s prior written consent.

 

In the event that your order is ready for delivery earlier than the initial estimated delivery date assigned, and 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. The estimated delivery date in this paragraph only applies to the delivery of the Products and/or the collection of the King Living furniture, as the case may be, where you have pre-arranged such date and King Living has confirmed such date in writing to you.

 

You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access to your designated location, unless the failure to deliver the Products on the prescribed date is wholly and solely attributable to King Living’s fault.


PROVIDING THE CORRECT ADDRESS


You must ensure that the correct delivery address and any other details necessary for the delivery of the Products are provided to King Living at the time of order placement and you shall notify us 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 of the delivery address and sufficient room to accommodate the placement of the Products on the premises. We cannot deliver to PO Boxes, as you must be present in-person to accept the delivery of your order.

 

King Living will not be responsible for any Property Damage caused by a third party supplier and/or any delivery service.


RECEIVING YOUR FURNITURE


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


In the event of any of the following, a card will be left at the delivery address and you will be responsible for organising collection or re-delivery of the Products:

  • an appropriate person is not present or available to accept delivery of the Products on the pre-arranged delivery date and time.
  • there is no space available to lay out the Products at the delivery address, and delivery cannot effectively be made.

You may also be charged for the cost of transport, re-delivery, storage and removal of existing furniture, whichever is applicable to your circumstances.

We reserve the right to make partial 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 partial deliveries are concerned.


CONDITIONS FOR ORDERS WITH A DELIVERY DATE

 

If you do not accept delivery of or collect your Products within:

 

  • ten (10) days from the date of your purchase for clearance stock items; or
  • three (3) weeks after the estimated delivery date for all other non-clearance stock items,

(hereinafter referred to as the "Delivery Period"), you become immediately liable to the following:


(a) if you have paid the full purchase price, you shall arrange for the Products to be delivered to a storage facility of your choice and you are liable for all delivery, storage and associated charges. If King Living delivers your order to a storage facility of your choice, King Living relinquishes all liability for the order upon off-loading of the Products at the storage facility. King Living may assist you with arranging a storage facility, however, there will be an additional cost for this service which shall be wholly borne by you; or

(b) if you have not paid the full purchase price within the requisite period or if you do not attend to the matters prescribed in (a) above, you will be deemed to have breached the contract of sale of the Products and King Living may exercise its right to treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you:

  • agree to forfeit the Deposit paid, or, if the Products are clearance stock, the full price of the Products; and
  • will have no further claim to the Products.

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

(c) the persons who can access information about your order


are governed by our Personal Data Protection Policy. The information which are provided to each of these nominated persons is dealt with in accordance with our Personal Data Protection Policy.


CONDITIONS FOR ORDERS WITHOUT A DELIVERY DATE

 

If you place an order for Products and request not to set a delivery date for that order at the time of order placement, King Living, may, in its absolute discretion, agree to do 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 without King Living's prior written consent.


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.


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 RM 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 you made the initial Deposit; and


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


CANCELLATION OF ORDER

 

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,

 

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.

 

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.

 

DELAY IN DELIVERY OF YOUR FURNITURE

 

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.

 

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.

 

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 fourteen (14) days or more, without any liability to you.

 

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 strains of 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.


PRODUCT VARIATIONS AND SPECIFICATIONS

 

Your Product 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.

 

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.

 

INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS

 

Where you are purchasing Products that are clearance stock 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.

 

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 borne by you.

 

WARRANTIES

 

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. Unless Products are faulty, of unacceptable quality, or do not materially correspond with its original description, we are unable to provide a refund, return, exchange or credit to your account. 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 such Products were in your possession or control.

 

King Living does not offer any repairs, maintenance or other services for Products that are exported from Malaysia. In the event that you order requires any repairs, maintenance or other services, all such costs associated to the relevant service shall be fully borne by you.

 

LIABILITY

 

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.

 

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 the Australian Consumer Law), is limited to, at the option of King Living:

 

(a) the replacement of the Products;

(b) the repair of the Products;

(c) the payment of the cost of replacing the Products or acquiring equivalent products; or

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

 

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 payable by you to King Living in respect of the Product giving rise to the liability.

 

INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

 

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 upon purchase.

 

In all other cases, to make a claim you must notify King Living in writing of any damage to the Products or shortcomings in delivery within twenty-four (24) hours of delivery by King Living by contacting +60377320272 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 the aforementioned details, you shall be deemed to have accepted delivery of the Products. King Living is not liable for any claim for loss, damage or fault to the Products in the event that you fail to notify us in the manner above and in accordance with these Terms.

 

ACCURACY OF INFORMATION

 

While King Living aims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While King Living has used its best endeavours to ensure that the information contained on and accessed through its 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 its website. Where the price for a Product on King Living’s website is different to the price displayed in a King Living showroom, the price displayed in the King Living showroom shall be the correct price.


SPARE PARTS


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 at +60377320272 for more details.


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 at +60377320272 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.


INTELLECTUAL PROPERTY

 

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.

 

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.

 

PERSONAL DATA PROTECTION POLICY

 

We may collect and process your personal information in connection with King Living’s dealings with you. If so, we will abide by King Living’s Personal Data Protection Policy a copy of which is available on King Living’s website and by request (“Personal Data Protection Policy”).

 

Please note that by purchasing our Product(s), you hereby consent to our processing of your personal data in accordance with our Personal Data Protection Policy, including but not limited to the transfer of your personal data overseas (if necessary), as some of our third-party product suppliers and IT service suppliers are located overseas. Your Personal Data may be transferred overseas to allow us to conduct our business, but only to the extent permitted under our Personal Data Protection Policy.


INDEMNITY

 

To the full extent permitted by law, you will indemnify King Living and keep King Living indemnified from and against all liability, loss or damage King Living may sustain, as result of any negligence, act, omission, arising directly or indirectly from your conduct or any breach of these Terms by you.

 

GOVERNING LAW

 

These Terms will be governed by and construed in accordance with the laws of Malaysia. The parties hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.

 

GENERAL

 

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.

 

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 shall continue to be enforceable and valid.

 

CONTACT

 

If you have any questions or comments in relation to this Warranty, please contact: KING LIVING L1.06, Level 1 IPC Shopping Centre No. 2, Jalan PJU 7/2 Mutiara Damansara 47800 Petaling Jaya Selangor Malaysia.

 

Meridian Outlook Sdn Bhd (121663-U) – GST Reg No: 001144025088 - www.kingliving.com - © 2017 King Living Australia Pty Limited. All rights reserved. ABN 79 002 757 333.

[email protected] / +603-2633 7600 / +603-7732 0272