1.1 Thank you for choosing King Living. 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) in store or via our website.
1.2 In these terms we, our, us King Living and similar expressions, refer to King Furniture UK Limited (Company Number: 135 038 39).
1.3 You, your, and similar expressions, refer to you, King Living’s customer or prospective customer.
2. PLACING AN ORDER
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 At the time that you place your order and pay the deposit 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.
2.3 When a deposit is accepted by King Living and we issue a Sales Order relating to your purchase of those Products, the order becomes immediately binding on King Living and you agree to all of the terms and conditions set out in these Terms and acknowledge that a contract has come into existence between you and King Living.
2.4 For any website orders, our acceptance of your order will take place when you have placed the order and paid the deposit and we email you to accept the order, at which point a contract will come into existence between you and King Living. If we cannot accept your Website order, we will inform you of this in writing and will not charge you for the Product. If you have already been charged, we will refund you as quickly as possible.
2.5 When placing an order for a product and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Product meets your requirements and is suitable and sufficient for your intended purpose in all respects.
3. OUR RIGHTS TO MAKE CHANGES
3.1 We may change these Terms or the Products to reflect changes in relevant laws and regulatory requirements. These changes will not materially affect the rights under these Terms or your use of the Products. In the event we do make any significant changes to these Terms or the Products we will notify you in writing and you may have a right to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
4.1 The prices for Products are in British Pounds GBP £ and inclusive of VAT.
4.2 Delivery and access check 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.
4.3 For orders at a King Living Showroom (Showroom), any additional costs will be explained to you and are payable by you to King Living at such times as you are notified by King Living from time to time. For any orders placed on the website any additional costs will be set out during the order process and payable when you place your order.
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, we will treat the order as cancelled. If, in these circumstances, the order is cancelled, and you have:
(a) paid a deposit for the Products: we will provide you with a full refund of the amount of the deposit; or
(b) paid the full price for the Products: we will provide you with a full refund of the amount of the price that you have paid.
5.1 A deposit is required at the time of placing the order, except where you purchase a clearance item (for which full price must be paid at the time of placing your order). We will notify you of the deposit required before we process the order.
5.2 Full payment must be received by cleared funds into King Living’s bank account 5 business days before final delivery. The reference to ‘full 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 full payment, the deposit previously paid by you will be applied by us towards part payment of the price of the Products.
5.3 Payment can be made by cash, credit or debit card or bank transfer. We may introduce other payment options from time to time. Where the Products are clearance stock items full payment by cash and/or credit/debit card is required at the time of purchase of all such Products. Finance is not available for the purchase of clearance stock items.
5.4 Company or personal cheques are not accepted for the purchase of any Products.
5.5 You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, bank transfer fees and related charges).
5.6 At the time that you place your order and pay the deposit 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.
6. RISK AND TITLE
6.1 All risk in Products passes to you on delivery. More precisely:
(a) if we deliver the Products to the delivery address, delivery occurs at the time immediately prior to when the Products are unloaded at the delivery address; and
(b) if you are collecting 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.
6.2 For showroom collections, our retail team cannot, for health and safety reasons, assist in loading the Products into your vehicle.
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. 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.
6.4 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.
7. DELIVERY OR COLLECTION
7.1 We can arrange for delivery of Products throughout the United Kingdom. We may also be able to arrange delivery to locations outside the United Kingdom. Please consult our Showroom Team Members to discuss your delivery requirements and obtain details of delivery costs. For website orders, delivery costs will be calculated after the order is placed and we will contact you to confirm these costs. If you have any questions about delivery, please contact us on +44 800 066 8116.
7.2 At the time of placing your order, you may nominate to have the Products delivered to you or collected by you.
7.3 If you nominate collection:
(a) it may be from our warehouse or a Showroom, subject to clause 7.3(b)and 7.3(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; and
(c) products which have been ordered online, through King Care or Customer Service Orders cannot be collected from a Showroom, but may be collected from a warehouse.
7.4 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; and
(c) You must not defer the estimated delivery date without prior written consent from King Living. (Refer to Storage Options, below)
7.5 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. In both cases, King Living will notify you in order to confirm the prearranged Delivery Date.
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 (e.g. if there are staircases or narrow passages).
8.3 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.
9. DELIVERY IN PARTS
9.1 We reserve the right, in our discretion, to make part 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 part deliveries are concerned. Despite this, if you request or cause King Living to make part deliveries of your Products, you will be charged the full delivery charge for each part delivery.
10.1 If you have purchased ‘Deluxe Delivery’ (which is the only delivery mode we offer) when placing your order, the Products will be assembled at the delivery address at the time delivery is made.
10.2 Deluxe Delivery is only available in selected metropolitan areas in and around London.
11. STORAGE OPTIONS
11.1 You can defer delivery and we will store your order at no extra cost for up to two weeks beyond the previously advised Delivery Date (‘Free Storage’) provided that:
(a) your order is ready in full in our warehouse; and
(b) you must request the Free Storage option by notifying us at least 48 hours before the Delivery Date.
Your order will be stored by us until the next Delivery Date (which must be within two weeks). This deferral and Free Storage option is available once only, with respect to an order.
11.2 As an alternative to the Free Storage option offered in clause 11.1, you can request deferred delivery and pay for up to 4 weeks of additional storage in our warehouse (Extended Storage). You must request the Extended Storage option by notifying us at least 48 hours before the Delivery Date. A fee quotation will be provided to you (based upon total volume off storage space occupied by your order) so that you can decide whether to accept the Extended Storage Option. Extended Storage is not agreed until and unless:
(a) we have issued written confirmation to you in response to your acceptance of the fee quotation for Extended Storage; and
(b) we have received full payment for your entire order and including the fees for Extended Storage
11.3 If Extended Storage is agreed, your order will be stored by us at your cost, until the next Delivery Date (which must be within four weeks). This deferral and paid Extended Storage option is available once only, with respect to an order.
11.4 After either one of the storage options in clauses 11.1 or 11.2 is exhausted, delivery must be received via Deluxe Delivery (which is the only delivery mode we offer).
12.1 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:
13. ORDERS WITHOUT A DELIVERY DATE
13.1 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 subject to your strict compliance with the following conditions:
(a) within 10 weeks of receipt by King Living of your full deposit you must confirm your order and consent to receive delivery:
(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 Product immediately.
13.2 Without limitation, 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.
13.3 If you do not comply with the conditions in clause 13.1(a) or choose to cancel your order in circumstances where no estimated Delivery Date is set pursuant to clause 13.1(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 as 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.
14. CANCELLATION OF ORDER
14.1 Subject to clause 19, when you are purchasing in a Showroom, please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. If you cancel your Showroom 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;
(b) agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced;
(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.
15. DELAY IN DELIVERY OF YOUR FURNITURE
15.1 If King Living’s supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided King Living do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract between us and receive a refund for any Products you have paid for but not received.
16. PRODUCT VARIATIONS AND SPECIFICATIONS
16.1 Your Product may exhibit different characteristics to the sample in the 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.
16.2 The images of the Products on the Website are for illustrative purposes only. We have made every effort to accurately display colours, but cannot guarantee that devices on which Products are viewed accurately reflect the colour of the Products. Your Product may vary slightly from those images.
16.3 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.
17. INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS
17.1 Where you are purchasing Products at the Showroom 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.
17.2 All clearance stock 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.
17.3 Where the Products are clearance stock items, full payment by cash and/or credit/debit card is required at the time of purchase of all such Products.
17.4 King Living accepts no cancellation of orders, returns, refunds or exchanges on clearance stock items ordered at the Showroom.
18. PRODUCT SUITABILITY
18.1 Please choose carefully as King Living will not provide you with a refund or exchange for any Products ordered at the Showroom 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.
19. YOUR LEGAL RIGHTS
19.1 We are under a legal duty to supply Products that conform with these Terms. Nothing in these Terms affects your legal rights.
19.2 During the expected lifespan of your Product your legal rights entitle you to the following:
(a) up to 30 days: if your Product is faulty, then you can get an immediate refund;
(b) up to six months: if your Product is faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases; and
(b) up to six years: if your Product contained an inherent fault you may be entitled to some money back.
19.3 The Product must be returned to King Living before any refund, repair or replacement can be provided. If you report a fault after 6 months from the date of delivery then you will have to provide evidence that the fault in the Product was caused by King Living rather than damage being due to reasonable wear and tear or a fault that has been caused by you.
19.4 For any orders placed on our Website, you have the right to change your mind within 14 days after delivery and receive a refund for the Products plus delivery charges if those were incurred. We are entitled to reduce the amount of any refund to reflect any reduction in the value caused by you or if you have failed to take reasonable care when handling the Products, and any delivery charges above the standard rate will not be refunded.
(a) Your rights to cancel excludes:
(b) If you wish to exercise this right please contact us on +44 800 066 8116 or by email at email@example.com as soon as possible (and in any event within 14 days after delivery). You must arrange for the return of the Products to us, showing no evidence of use, within 14 days of you telling us you wish to cancel the order. Whilst the Products are in your possession you must not handle them beyond what is necessary to establish their nature, characteristics and function. It is your responsibility to return any Products to the designated delivery point in good condition using appropriate packaging and transportation, and to take reasonable steps to prevent any damage. We may charge you for any usage of the Products prior to return to us so you should try not to use the Products while in your possession.
(c) Once we have received the Products and are satisfied that they are acceptable we will make any refund due in respect of the Products to the original payment method within 14 days of receipt of the Products.
20.1 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.
21.1 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:
21.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
21.3 When we are liable for damage to your property, if we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
21.4 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, is limited to, at the option of King Living:
21.5 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, is limited to the amount payable by you to King Living in respect of the Product giving rise to the liability.
21.6 The Products are intended for use in the United Kingdom, only. King Living does not warrant that the Products will comply with the laws, regulations or standards which may be applicable outside the United Kingdom. In the event that you export any Product outside of the United Kingdom or if we deliver any Product outside of the United Kingdom at your request, you are solely responsible for complying with applicable local laws, regulations and standards. You agree to indemnify King Living for all loss, (including any special, indirect or consequential loss), liability or damage of any nature caused to King Living and arising in connection with that export.
22. INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS
22.1 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 stock items, where you accept any defects and minor damage to such Products.
22.2 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:
22.3 When you notify us of a claim, you must provide the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it may delay our ability to process your claim in a timely manner or we may deny your claim.
22.4 To the extent permitted by law, non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.
23. ACCURACY OF INFORMATION
23.1 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. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid. Where the price for a Product on the King Living website is different to the price displayed in a showroom, the price displayed in the showroom will be considered the correct price.
24. INTELLECTUAL PROPERTY
24.1 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.
24.2 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.
26.1 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.
27. SPARE PARTS
27.1 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. 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.
27.2 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.
27.3 If you are interested in purchasing repairs or spare parts for a King Living Product, please contact King-Care® Service Team on +44 800 066 8116 for more details.
28. GOVERNING LAW
28.1 These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
29.1 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.
29.2 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.
29.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
29.4 Nobody else has any rights under this contract. This contract is between you and King Living. No other person shall have any rights to enforce the Terms.
29.5 Even if we delay in enforcing the Terms, we can still enforce our rights at a later date. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
For further information please contact King Living Customer Service:
Phone: +44 800 066 8116
Address: 231 Tottenham Court Road