11. DELIVERY

11.1  If you do not accept delivery or collect your Products within the applicable ‘Delivery Period’, which is either:

(a) 7 days from the date of your original delivery for clearance stock items; or

(b)14 days after the estimated Delivery Date for all other stock,

then immediately on expiry of the Delivery Period, King Living will:

1. 1. 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. (Refer to Storage Options, below)
   2. if you have not paid the full purchase price or if you do not attend to the matters in (a) and (b), 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:

• • • • 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; and
      • 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.

12. ORDERS WITHOUT A DELIVERY DATE

12.1  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 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.

12.2  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.

12.3  If you do not comply with the conditions in clause 12.1(a) above or choose to cancel your order in circumstances where no estimated Delivery Date is set pursuant to clause 12.1(a), King Living will rescind 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, you:

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

13. CANCELLATION OF ORDER

13.1  Please choose carefully as we do not refund or exchange 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 King Living will rescind the contract for sale of the Products by notice to you and you:

(a) agree to forfeit the full deposit up to $500 paid in payment for King Living’s administrative costs and expenses incurred in handling and cancelling the order, and 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, if the manufacture of your Products has not commenced; and

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

(c) will have no further claim to the Products, and

(d) 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.

13.2  King Living accepts no cancellation of orders, returns, refunds or exchanges on clearance stock.

14. DELAY IN DELIVERY OF YOUR FURNITURE

14.1  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.

14.2  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.

14.3  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.

14.4  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:

1. 1. 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;
   2. 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;
   3. 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;
   4. 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.

15. PRODUCT VARIATIONS AND SPECIFICATIONS

15.1  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.

15.2  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.

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

16.1  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.

16.2  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.

17. PRODUCT SUITABILITY

17.1  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 (and subject to applicable laws), we are unable to refund, exchange or credit 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 they were in your possession or control.

18. WARRANTY

18.1  King Living offers a warranty to cover certain King branded Products and selected components of those Products. The terms of the warranty are separately published on our website and are available here.

18.2  Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:

(a) cancel your service contract with us, and

(b) refund for the unused portion, or reimbursement for its reduced value.

18.3  You are also entitled to choose a refund or replacement for major failures with goods.

18.4  If a failure with the goods or a service does amount to major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to reimbursement for any other reasonably foreseeable loss or damage from a failure in the goods or service.

19. LIABILITY

19.1  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.

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

20. INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

20.1  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.

20.2  In all other cases, to make a claim you must notify King Living of any damage to the Products or shortages in delivery within 24 hours of receiving delivery. To make a claim:,

(a) contact 1300-13-KING (5464);

(b) CLICK TO CREATE A NEW ENQUIRY