Terms and Conditions - King Living

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) (“Products”) in store. These Terms also apply to all purchases of Products via King Living’s website only to the extent that the “King Website – Terms of Service” do not address the particular matter. Insofar as the Terms contradict those set out in “King Website-Terms of Service”, the “King Website-Terms of Service” shall prevail for purchase of Products via King Living’s website.

We, King Living and similar expressions, refer to King Living Singapore Pte Ltd (UEN NO. 201503463W). You, and similar expressions, refer to you, King Living’s customer or prospective customer who purchases Products directly from King Living.

PLACING AN ORDER

When a part payment (“Deposit”) is received by King Living in relation to your purchase of the Products, the order shall immediately become binding on King Living and you:

(a) agree to all of the terms and conditions set out in these Terms; and

(b) shall be liable to pay the balance of the price for the Products in accordance with these Terms.

Subject to these Terms and to the extent permitted by law, when placing an order and paying 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(s) in all respects.

PRICES

The prices for Products are in Singapore dollars and inclusive of GST.

Delivery 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.

Any and all additional costs payable by you pursuant to these Terms are payable to King Living at such times as we may notify you from time to time.

PAYMENT AND TITLE

A Deposit shall be required for all Products at the time of placing the order. We will notify you of the quantum of Deposit required before we process the order.

You shall make full payment (either by cash, credit or debit card) by no later than a week prior to the estimated delivery date of the Products. Should you wish to pay by company or personal cheques, such cheques shall be received by us at least 10 working days prior to the estimated delivery date of the Products and cleared with our bank(s) prior to the scheduled date of delivery of the Products. You shall be responsible for any costs incurred in arranging payment for the Products, which include but are not limited to all bank transfer fees and related charges.

Upon the placement of your Order and our receipt for the Deposit for that Order, we will issue a Customer Sales Order to you setting out the details of your Order.

Where the Products are clearance items, full payment (either by cash, credit/debit card and cheque) shall be required at the time of placement of order and purchase of all such Products.

The reference to “full payment” in these Terms shall mean King Living’s receipt of the monies for the price of the Products together with all other applicable fees, charges, taxes and expenses payable by you pursuant to these Terms, less the Deposit paid (if any). In the event that a cheque is issued, “full payment” shall mean the point when the cheque is honoured and King Living is in receipt of the monies. Upon receipt of your full payment, the deposit will be applied by us as part of the price of the Products.

You agree that:

(a) the title(s) of the Products shall only pass from King Living to you upon our receipt of full payment, notwithstanding any Customer Sales Order which may have been issued to you after the Deposit has been paid and prior to full payment; and

(b) that the delivery of the Products shall only occur after we are in receipt of full payment from you and King Living shall not be liable for any delay arising from or related to your delay in making full payment and/or non-compliance with these Terms.

RISK

All risk in the Products shall pass to you on delivery, the time of which shall be determined as follows:

(a) if we deliver the Products to the delivery address, at the time just prior to when the Products are unloaded at the delivery address; or

(b) if you opt for the Products to be collected from a King Living showroom, at the time when you (including but not limited to any agents and/or representatives acting or purporting to act on your behalf) arrive at the King Living showroom to inspect and collect the Products.

For the purposes of this sub-clause(b) and safety reasons, please note that only the following Products are eligible for self-collection at King Living showroom:

(i) All products within our categories of Accessories and Cushions;

(ii) The Crescent Ottoman and the Bongo Ottoman;

(iii) Only the side tables which are made of timber under our category of Side Tables;

(iv) All products under our categories of Accessories Tables and Lights; and

(v) Any other Products which King Living may decide in writing, at its sole discretion, to be appropriate for self-collection.

For health and safety reasons, our retail team and staff are unable to assist you in loading the Products into your vehicle. You would have to make your own arrangements to do so.

DELIVERY

Parties agree that any time quoted for delivery shall only be an estimate. Such estimated delivery date will be arranged with you in advance. Any change of the agreed estimated delivery date shall require King Living’s prior written consent, which shall be granted at King Living’s sole discretion and subject to availability.

In the event that your order is ready for delivery sooner than the initial estimated delivery date determined pursuant to these Terms, and you accept an earlier estimated delivery date, the earlier delivery date shall become the new estimated delivery date. In these circumstances, the Terms that apply to the estimated delivery date shall apply to the new estimated delivery date. The estimated delivery date in these Terms applies to the delivery of the Products and/or the collection of the King Living Products, as these services apply to you, where you have prearranged these and King Living has confirmed these in writing to you.

PROVIDING THE CORRECT ADDRESS

The delivery fees are calculated based on the delivery of the Products to a single address in Singapore. The deliveries will be carried out by a third party service provider(s).

You shall ensure that the correct delivery address details are provided to King Living at the time of order placement and shall notify us in writing with 3 working days’ notice if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages).

You shall also be responsible for ensuring that the relevant permissions are obtained from your building / residential management and that there is adequate access and entry to the premises at the delivery address to facilitate the satisfactory delivery and layout of the Products prior to the agreed estimated delivery date. We are unable to deliver to PO Boxes as you (or your representative who must be at least 18 years of age) must be available in person to accept the delivery of your order.

You shall be liable for payment of all delivery charges, including but not limited to any additional charges incurred as a result of the absence of an appropriate person to take delivery (as set out in the terms and conditions under the heading “Receiving your Furniture”) and/or difficulties with access (unless the failure to deliver on that date is due to King Living’s fault).

King Living shall not be responsible for any damages to the Products or your property arising from or related to the actions and/or omissions of the third party delivery service provider(s).

RECEIVING YOUR FURNITURE

You agree that the Products shall only be delivered if you are present in person to accept delivery or a person aged 18 years old and above is able to accept delivery on your behalf is present at the delivery address at the time of delivery. If you are not available to accept your delivery in person, you shall arrange for a person aged 18 years old and above to accept the delivery of the products on your behalf and agree that we can rely on such person’s instructions as if such instructions were your own.

Should:

(a) such an appropriate person not be available to accept delivery or conduct the self-collection (as is applicable to you) on the pre-arranged delivery date and time; or

(b) in the case of Product delivery, if the requisite permissions have yet to be obtained from your building / residential management and/or if there is insufficient space available to lay out the Products at the delivery address, and satisfactory delivery cannot be made,

you shall be responsible for re-organising the re-delivery or re-collection of the Products. In such event, you shall be liable for any additional costs associated with each attempted delivery, each attempted King Living furniture collection, transport, re-delivery and storage of the Products (where applicable). You shall be liable for any additional costs incurred and/or losses suffered by King Living arising from or related to the difficulties with access in delivery of the Products and/or collection of the Products. King Living shall not be obliged to complete the delivery of the Products or allow the self-collection of the Products prior to receiving full payment of all monies arising from the additional costs/losses.

King Living also reserves the right to make part deliveries of any order. Parties agree that such part deliveries and any omission to make delivery of all the Products you have ordered in a single instance shall not constitute a breach and/or invalidate these Terms.

CONDITIONS FOR ORDERS WITH A DELIVERY DATE

If you fail to and/or do not accept delivery or collect your Products within 7 days from the date of your purchase for clearance stock items; or 14 days after the estimated delivery date for all other Products, (the applicable “Delivery Period”), then immediately upon expiry of the Delivery Period, King Living shall be entitled to do the following:

(a) if you have made full payment for the Products, require that you arrange for the Products to be delivered to a storage facility of your choosing and you shall be liable for all delivery, storage and associated charges. King Living may assist you with arranging a storage facility at an additional cost. Upon delivery of the Products to such storage facility of your choosing, parties agree that King Living shall be deemed to have completed the delivery of the Products and fulfilled its obligations in accordance with these Terms and shall bear no liability for the Products; or

(b) if you have not made full payment for the Products or if you do not attend to the matters in sub-clause (a) within 7 days, King Living reserves the right to rescind the contract for sale of the Products in writing without further reference to you and treat your failure and/or refusal to accept delivery on the above terms as your cancellation of the original order. In such an event, it is hereby agreed that:

(i) all monies paid to King Living (whether the Deposit or the full payment for clearance items, as the case may be) for the Products shall be forfeited in favour of King Living;

(ii) King Living shall be at liberty to sell or otherwise deal with or dispose of the Products in such manner as King Living deems fit in its sole discretion; and

(iii) you shall have no further claims and/or demands against King Living for the Products, the Deposit and the full payment (as the case may be).

CONDITIONS FOR ORDERS WITHOUT A DELIVERY DATE

At the time of order placement, King Living may, at its sole discretion, choose to agree not to set a delivery date upon request, subject to your agreement and strict compliance with the following:

(a) that you shall, within 6 weeks of King Living’s receipt of your Deposit or full payment (as the case may be), set an estimated delivery date from the date(s) offered by King Living as possible delivery dates for your order; and

(b) upon finalising the estimated delivery date referenced in sub-clause (a) above, you shall make no further changes to your order and the estimated delivery date.

Once an estimated delivery date is agreed upon, the terms and conditions set out under the headings “Delivery” and “Cancellation of Order” in these Terms shall apply to the said delivery and cancellation of the order.

If you do not strictly comply with the conditions above, King Living shall be entitled to rescind the contract for sale of the Products in writing without further reference to you and treat your failure to agree to an estimated delivery date as your cancellation of your original order. In such an event, it is hereby agreed that:

(a) you shall forfeit the sum of no more than S$500 of the Deposit or the full payment (as the case may be) paid by you in favour of King Living as payment for all administrative costs and expenses incurred by King Living in handling and cancelling the order;

(b) the remaining balance of the Deposit or the full payment (as the case may be) after the deduction set out at sub-clause (a) above shall be refunded to your credit card, debit card or bank account (depending the mode on which you made the initial Deposit or the full payment (as the case may be));

(c) King Living shall be at liberty to sell or otherwise deal with or dispose of the Products in such manner as King Living deems fit in its sole discretion; and

(d) you shall have no further claims and/or demands against King Living for the Products and any part of the Deposit and the full payment (as the case may be).

CANCELLATION OF ORDER

Please choose the Products carefully before making an order as we do not allow any refund or exchange should you change your mind, make a wrong selection or the Products did not meet your expectations. 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.

Should you choose to cancel your order, King Living will rescind the contract for sale of the Products in writing to you and it is hereby agreed that:

(a) you shall forfeit the Deposit paid by you in favour of King Living as payment for all administrative costs and expenses incurred by King Living in handling and cancelling the order;

(b) you shall forfeit the full sum of the Deposit in the event that King Living has commenced the manufacture of the Products in your order;

(c) King Living shall be at liberty to sell or otherwise deal with or dispose of the Products in such manner as King Living deems fit in its sole discretion; and

(d) you shall have no further claims and/or demands against King Living for the Products and the Deposit.

DELAY IN DELIVERY OF YOUR FURNITURE

King Living shall use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date, King Living’s liability shall be limited, at King Living’s option, to resupplying the Products at a different time. King Living shall not be liable to you for any direct, indirect, special, incidental or consequential loss and/or expense, whether known or unknown to the parties at the time of the sale, including loss of profit and loss of opportunity suffered by you or by any third party claims against you arising out of or in connection with the sale of the Products.

King Living shall not be liable for any failure or delay to meet its obligations under these Terms where such delay is occasioned by and/or arises from factors beyond King Living’s reasonable control.

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 and/or Insolvency Event continues for a period of 14 days or more, without any liability to you.

In this paragraph:

(a) ‘Force Majeure Event’ shall include, but are not limited to 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 and restrictions, 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’ shall include but are not limited to 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 sub-clauses (i) to (iii) above, inclusive, of this definition happens to it under the law of any jurisdiction.

PRODUCT VARIATIONS AND SPECIFICATIONS

King Living attempts to display the products in its showroom and on its website as accurately as possible.

However, possibly due to the lighting variances, viewing angle, wear and tear and/or usage of different devices to view the Products, you understand that the Products you purchase may exhibit different characteristics from the samples in the King Living showroom or images on the King Living website. Please note that soft furniture may vary in appearance and characteristics, including but not limited to creasing and the degree of softness. Colour swatches and samples are for illustration purposes only as leather and fabrics vary in colour and texture. Natural products such as wood and leather will exhibit scars, marks and areas of differing density and shade (all of which are the hallmarks of genuine leather and wood) and may vary from product to product.

To the full extent permitted by law, you agree that King Living has the right to change the 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.

The above variations and any similar variations shall not constitute as defects, damages and/or non-conformity of the Products.

INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS

It is hereby agreed that you shall inspect all Products that are clearance stock items prior to purchase and in purchasing such Products, you accept any defects and minor damage to those Products. Any scratches, marks, defects or damage not affecting the performance of the Products shall be noted at the time of purchase and shall 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 shall be payable by you.

WARRANTIES

King Living shall not be responsible for ensuring that the Products are suitable for a particular purpose unless such purpose is self-evident or accepted in writing by King Living.

King Living makes no warranties or representations on the Products except those set out in the King Living Warranties.

The King Living Warranties do not apply to Products delivered to a locality outside of Singapore whether by King Living, another third party or by you. In the event that you require service or maintenance of such Products which have been delivered to a locality outside of Singapore, such service or maintenance shall be at your own expense and all costs arising from the same shall be payable by you.

To the full extent permitted by law and subject to the terms and conditions set out under the heading ‘‘Liability’ below, the King Living Warranties do not apply and we are unable to refund, exchange or provide credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products (including but not limited to wear and tear, improper maintenance methods, mishandling, attempts to modify or repair the Products) whilst they were in your possession or control.

LIABILITY

These Terms set out the full extent of King Living’s obligations and liabilities in respect of the Products and there are no other warranties, conditions or terms that are binding on King Living unless as expressly stated herein.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are hereby expressly excluded and King Living shall not be liable in contract, tort (including but not limited to, negligence or breach of statutory duty) to you for any of the following:

(a) any increased costs or expenses;

(b) any loss of profit, opportunity, revenue, business, contracts or anticipated savings;

(d) any loss or damage arising from 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 loss or damage arising from 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 defective Product, whether implied by law or otherwise (including Singapore consumer laws), is limited to the following, subject to your strict compliance with these Terms (including but not limited to those set out under the heading “Inspection of Products on Delivery and Claims”) and King Living’s satisfaction that the Product was defective and/or non-conforming at the time of delivery:

(a) the replacement of the defective Product;

(b) the repair of the defective Product;

(d) the payment of the cost of having the defective Product 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 Consumer Protection (Fair Trading) Act (Cap. 52A) of Singapore), is limited to the amount payable by you to King Living in respect of the Product giving rise to the liability and shall under no circumstances exceed the price of the Product paid by you to us.

In accordance with the Consumer Protection (Fair Trading) Act, King Living reserves its right to prove that the Products were of satisfactory quality and otherwise complied with these Terms at the time of delivery.

For the avoidance of doubt, the above do not apply to clearance items, where you accept any defects and minor damage to such Products.

INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

At the time of delivery and/or collection of the Products, you (or your representative, as the case may be) shall be responsible for carefully inspecting the Products to ensure that the quantities of the Products are accurate and that the Products are of satisfactory quality without defects. You shall be responsible to note any non-conformity and/or defects on the delivery documentation which will be presented to you upon delivery.

You shall notify King Living in writing of any non-conformity and/or defects of the Products or shortages in delivery within 24 hours of delivery by sending an email notice to [email protected] Such email notice must contain the serial number of the delivery order, date of delivery, all reasonable details and accompanying photographs of the perceived non-conformity and/or defect, failing which King Living reserves the right to not entertain such notice and it shall be deemed that you have accepted the Products. You may also wish to contact King Living +65 6805 4191 or +65 6805 4190 to follow up on the email notice. King Living shall not be liable for any claim of loss, damage or fault to the Products that you fail to notify in accordance with and in strict compliance with these Terms.

Any reported non-conformity and/or defect is subject to review/investigation and King Living reserves the right to refute any claims of perceived non-conformity and/or defect and refuse any requests made by you for services, exchanges or refunds (as set out under the heading “Liability”) for Products which are found to be not defective/non-conforming after a review conducted by King Living’s representatives.

The non-conformity and/or defect of any part of the ordered Products does not entitle you to reject all of the ordered Products.

For the avoidance of doubt, the above do not apply to Products which are clearance items, where you accept any defects and minor damage to such Products.

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 is 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 be subject to 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 on +65 6805 4193 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 on +65 6805 4193 or email [email protected] for details

(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 shall 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 shall 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 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. Please note that by purchasing our Product(s), you hereby consent 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.

The following details are governed and dealt with in accordance with our Personal Data Protection Policy:

(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 request for a change in the date, time and location for delivery; and

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 a breach, act or omission, arising directly or indirectly from any breach of these Terms by you.

GOVERNING LAW

These terms and conditions will be governed by and construed in accordance with the laws of Singapore. The parties submit to the non-exclusive jurisdiction of the courts of Singapore.

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 and supersede any and all representations and agreements (whether oral, written or otherwise) between parties.

King Living reserves the right to amend, vary and change these Terms at our discretion at any time without reference to you.

If any part of these Terms is 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 binding, enforceable and valid.

CONTACT

For further information please contact King Living Customer Service:

+65 6805 4198

[email protected]