Clearance Terms and Conditions

Retail Terms Trade terms Clearance terms Commercial order and warranty terms

King Terms and Conditions of Sale (Australia) for Clearance Products

Applies to:

Sales from King Living’s Outlet Website
Other sales of Clearance Products

v.20240604

1 INTRODUCTION
1.1 These Clearance Product Terms and Conditions of Sale (Terms) apply exclusively to all purchases of any King Living Clearance Product, (which product may be referred to as a Clearance Product, or a Product in these Terms).
1.2 King’s standard Terms and Conditions of Sale continue to apply to the sale of a King Living product which is not a Clearance Product. However, for every sale of a Clearance Product, those standard Terms and Conditions of Sale are entirely excluded and are replaced by these (Clearance Product) Terms and Conditions of Sale.
1.3 In these Terms:
  (a) we, our, us, King Living and similar expressions, refer to King Furniture Australia Pty Ltd (ACN 002 757 333).
  (b) You, your, and similar expressions, refer to you, King Living’s customer or prospective customer.
  (c) Clearance Product refers to any goods which are offered for sale or sold by King Living where those goods are:
   (i) advertised on our Outlet Website ( www.kingoutlet.com.au); or
(ii) identified and promoted as being a “Clearance” item (or similar title); or
  (iii) identified and promoted as being used (not new) products, returned products or discontinued products; or
  (iv) for sale in the course of a “Clearance Sale” (or a promotional sale with a similar title) conducted by King Living.

2 ASSESSING THE QUALITY OF A CLEARANCE PRODUCT

2.1 A Clearance Product is a product which is, or may be discontinued, defective, damaged, flawed or otherwise of substandard quality.
2.2 A Clearance Products is sold at a discount to the normal retail list price due to being discontinued, defective, damaged, soiled, flawed and/or otherwise of substandard quality.
2.3 Before or at the time of placing an order and making payment, you acknowledge and agree that, unless you are purchasing via our Outlet Website, you have inspected the Product and satisfied yourself that:
  (a) the Product is or may be, defective, damaged, soiled or flawed and may not operate as intended, or at all;
  (b) the Product meets your requirements and is suitable and sufficient for your intended purpose in all respects and despite being defective, damaged, soiled, flawed or inoperable.
2.4 All goods offered for sale on our Outlet Website are Clearance Products and are sold subject to these (Clearance Product) Terms and Conditions of Sale.
2.5 If you are purchasing a Clearance Product via our Outlet Website, you acknowledge and agree that:
  (a) Products sold via the Outlet Website are Clearance Products; They are not “premium” products and are individually described according to a tiered rating system of defects and flaws (”Brand New; Like New”; Minimal Wear”) so that you can assess whether a Product is fit for your intended purpose;
  (b) the Product is or may be, defective, damaged, soiled or otherwise flawed and may not operate as intended, or at all;
  (c)the Product meets your requirements and is suitable and sufficient for your intended purpose in all respects and despite being defective, damaged, soiled, flawed or inoperable.

3 PURCHASING

3.1 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.
3.2 In all cases, the full price of the Product is payable at time of sale. No deposit will be accepted.

4 PRICES
4.1 The prices for Products are in Australian dollars and inclusive of GST.
4.2 If delivery costs are incurred, those costs will be charged in addition to the price of the Product which you order.
4.3 All additional costs payable by you pursuant to these Terms are payable to King Living at such times as you are notified by King Living from time to time.
4.4 If we discover a pricing or payment error with respect to any Product 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 and provide you with a full refund of the amount of the price that you have paid.

5 PAYMENT
5.1 Full payment must be received by cleared funds into King Living’s bank account at the time of the sale. The reference to ‘full payment’ means: the price of the Products together with all other charges payable by you pursuant to these Terms (including delivery charges, if applicable).
5.2 Payment can be arranged by credit or debit card.
5.3 Bank transfer (EFT) or cash, company or personal cheques are not accepted for the purchase of any Products.
5.3 You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, credit card and related charges).
5.3 At the time that you place your order and pay the price 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 or pick-up as specified below.
(a) If we deliver the Products (whether Express or Deluxe), delivery occurs immediately after the Products are unloaded at the delivery address; and
(b) if we allow you to pick up the Products from a King Living warehouse or showroom, delivery occurs just prior to the Products being loaded onto transportation at the King Living warehouse, or once the Products are collected by you in the showroom, as applicable.
6.2 For showroom collections, our retail team cannot assist in loading the Products.
6.3 For warehouse collections, you are solely responsible (and therefore you accept the entire risk) for moving the Products from the warehouse pick-up point and loading into your vehicle. You are responsible for arranging for pick-up, loading, and receipt of picked-up Products. Our personnel are not authorized to assist you in doing so, and King Living will not be liable for any loss or damage incurred, if they do so.
6.4 All title in the Products passes to you upon receipt by King Living of the full payment for the Products and all other charges payable by you pursuant to the Sales Order and these Terms.

7 DELIVERY OR COLLECTION
7.1 Unless you are purchasing a Clearance Product via the Outlet Website, you are required to collect the Product from the point of sale or arrange for delivery. King may offer delivery services however delivery and access checking costs (if applicable) will be charged in addition to the price of Products and in all cases this is at the discretion of King.
7.2 If you are purchasing a Clearance Product via the Outlet Website, we offer you a choice of Express Delivery or Deluxe Delivery and in some cases (at our discretion) it may also be possible for you to collect the Product from our warehouse or showroom.
7.3 When you nominate delivery:
  (a) The estimated Delivery Date will be arranged with you in advance.
  (b) Any date quoted for delivery is an estimate only.
  (c) You must not defer the estimated Delivery Date without prior written consent from King Living. (Refer to Storage Options, below)
7.4 In the event that your order is ready for delivery sooner than the initial estimated Delivery Date, and if you accept an earlier estimated Delivery Date, then the earlier Delivery Date will become the new estimated Delivery Date. In these circumstances, the Terms that apply to the estimated Delivery Date will apply to the new estimated Delivery Date. In both cases, King Living will notify you in order to confirm the prearranged Delivery Date.
7.5 We reserve the right, in our discretion, to make partial deliveries of any order, without imposing extra cost upon you. If we do not deliver all the Products in your order at the same time, that does not invalidate these Terms insofar as those partial deliveries are concerned. Despite this, if you request or cause King Living to make partial deliveries of your Products, you will be charged the full delivery charge for each partial delivery.

8 CORRECT ADDRESS AND ACCESS TO PREMISES
8.1 If King agrees to perform delivery services, you must ensure correct delivery address details are provided to King Living at the time of order placement. We cannot deliver to PO Boxes. A person over the age of 18 years who is able to accept delivery must be available in person to accept the delivery of your order.
8.2 You must notify King Living in advance if it is possible that accessing the delivery address will be difficult for any reason (e.g. if there are staircases or narrow passages).
8.3 You are solely responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, and/or removal of King Living furniture, as applicable.

9 SHORT TERM STORAGE OPTIONS
9.1 King Living is not required, but may in their discretion (and subject to payment of extra fees) offer you short term storage, provided that:
(a) your order is ready in full at our site; and
(b) you must request the storage option and pay any applicable fees in advance.
9.2 Collection or delivery of the Product must occur before the end of the storage period nominated by King Living.

10 THE DELIVERY PERIOD
10.1 The Delivery Period is 14 days after the estimated Delivery Date.
10.2 If you do not accept delivery or collect your Products within the applicable ‘Delivery Period’ then immediately on expiry of the Delivery Period, King Living will require that you promptly 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.
10.3 If you do not promptly attend to the matters in 10.1, we may 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:
  (a) agree to forfeit the full price paid by you for the Products; and
  (b) you will have no further claim to the Products; and
  (b) King Living may in its sole discretion elect to dispose of the Products without further notice to you.

11 CANCELLATION IS NOT AVAILABLE
11.1 King Living will not be liable for any delay in performing any of its obligations including where any delivery delay is caused by factors beyond our reasonable control.
1.2 We will use reasonable endeavours to meet the estimated Delivery Date. If we do not meet the estimated Delivery Date, we will use reasonable efforts to deliver the Products at a different time and as soon as possible after the estimated Delivery Date (and that is the limit of our obligations and liability for failing to meet the estimated Delivery Date)
11.3 If at any time after receiving an order from you, King Living or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays King Living from supplying 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 (and refund the price to you) if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.
11.4 In this paragraph:
  (a) Force Majeure Event means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond King Living’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time King Living receives an order from you; and
  (b) Insolvency Event means any one or more of the following events:
   (i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;
   (ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;
   (iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;
   (iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

12 CANCELLATION IS NOT AVAILABLE
12.1 Please choose carefully as we do not refund or exchange because you change your mind or make a wrong selection. The Product is being offered for sale at a discounted price because it is a Clearance Product. The Product is or may be, defective, damaged, soiled or otherwise flawed and may not operate as intended, or at all and you accept this when you place your order.
12.2 Unless you are purchasing a Product via our Outlet Website, we recommend that you carefully inspect every Product in person before purchasing the Products.
12.3 If you are purchasing a Product via our Outlet Website you acknowledge and agree that the Products sold via the Outlet Website are not “premium” products and are individually described according to a “Condition Rating” system of defects and flaws (Brand New; Like New; Minimal Wear) so that you can assess whether that individual Product is fit for your intended purpose.
12.4 Each Clearance Product is unique and therefore no replacement product is able to be offered and the Product is not able to be repaired.

13 INSPECTION AND CONDITION RATING OF CLEARANCE PRODUCTS
13.1 You are purchasing a Clearance Product. Please refer to the description of the qualities of a Clearance Product in clause 2.
13.2 Unless you are purchasing via the Outlet Website, you must inspect the Product prior to purchase and in electing to purchase the Product you accept any defect, damage, flaw, soiling or otherwise substandard quality.
13.3 If you are purchasing a Product via our Outlet Website you acknowledge and agree that the Products sold via the Outlet Website are not “premium” products and are individually described according to a ”Condition Rating” system of defects and flaws (Brand New; Like New; Minimal Wear) so that you can assess whether the Product is fit for your intended purpose;
13.4 Clearance Products are not covered by the King Warranty, which is expressly excluded, subject to the following exception: The 25 year warranty on steel or alloy frames described in item 1 of the table in clause 1.4 of the King Warranty is still offered on Clearance Products. Statutory Consumer Guarantees are not excluded.
13.5 Please choose carefully as King Living will not provide you with a refund or exchange simply because you have changed your mind or make a wrong selection. 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.
13.6 King Living will not be liable to provide any refund, return, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Product while in your possession or control.

14 CONSUMER GUARANTEES
14.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
14.2 You are entitled to a refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to a refund if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
14.3 Clearance Products are sold ‘as is’ (with defects and/or damage and/or flaw and/or soiling or inoperability). The Products are being offered for sale at a discounted price because they are Clearance Products. Please refer to the description the qualities of a Clearance Product in clause 2.
14.4 Due to the defective/damaged/flawed and therefore unique condition of each Clearance Product, it is not possible to exchange a Clearance Product for goods of similar quality.

15 LIABILITY
15.1 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 incurred by you;
  (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.
15.2 In circumstances where King Living’s liability cannot be limited to the matters set out in the paragraph above, (and subject to clause 14.2), 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 paid by you to King Living in respect of the Product giving rise to the liability.

16 PRODUCTS DAMAGED DURING DELIVERY
16.1 Because they are Clearance Products, you are deemed to have accepted any defect damage, flaw, soiling or inoperability in those Products (excepting damage incurred during delivery). For damage incurred during delivery or if there is a shortage in delivery you must promptly notify King Living. To make a claim:,
(a) contact 1300-13-KING (5464);
(b)visit our website and submit a customer service request https://help.kingliving.com.au/hc/en-au/requests/new
16.2 When you notify us of a claim, you must provide the order number, Delivery Date and reasonable details of the damage or shortage. 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.
16.3 Non-conformity of or defect or damages in any part of the ordered Products does not entitle you to reject any ordered Products which are free of such non-conformity, defect, or damages.
16.4 Freight, call-out fees, labour and other costs associated with making a claim under this clause will only be covered by King Living if they have been pre-approved in writing, where pre-approval must be obtained by you prior to you incurring those costs.

17 PRIVACY
17.1 We may collect personal information in connection with King Living’s dealings with you. If so, we will abide by King Living’s Privacy Policy, a copy of which is available on King Living’s website www.kingliving.com.au/privacy-policy.

18 INDEMNITY
18.1 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, which arises directly or indirectly from any act or omission by you or your breach of these Terms.

19 GOVERNING LAW
19.1 These Terms will be governed by and construed in accordance with the laws of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

20 GENERAL
20.1 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.
20.2 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.

21 SPARE PARTS
21.1 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.
21.2 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.
21.3 Clearance Products may not be capable of repair and in all cases King is under no obligation to offer repair services.
21.4 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.
21.5 If you are interested in purchasing repairs or spare parts for a King Living Product, please contact King-Care® Service Team on 1300 546 422 for more details.

22 CONTACT
For further information please contact King Living Customer Service:

Phone: 1300-13-KING (5464)
Web: https://help.kingliving.com.au/hc/en-au/requests/new
Address: 123 Turrella Street, Turrella NSW 2205 Australia