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King Living - Terms and Conditions of Sale (Malaysia) 

 

1 INTRODUCTION

1.1 Thank you for choosing King Living. Subject to the exceptions in clause 2 ,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).
1.2 We, Our or King Living and similar expressions, refer to Meridian Outlook Sdn Bhd (1216613-U).
1.3 You, your, and similar expressions, refer to you, King Living’s customer or prospective customer.

 

2 TRADE SALES - DIFFERENT TERMS APPLY

2.1 King Living operates a Trade & Commercial business division which caters to the needs of designers, architects, developers, specifiers and other approved trade customers (Trade Clients). If you are purchasing a Product as a Trade Client then:
     (a) these Terms do NOT apply to your purchase; and
     (b) these Terms are entirely excluded and are replaced by King’s Trade Client Terms and Conditions of Sale

 

3 PLACING AN ORDER

3.1 King Living reserves the right, acting reasonably, to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you.
3.2 When a deposit is accepted by King Living relating to your purchase of a Product, the order becomes immediately binding on King Living and you:
     (a) agree to all of the terms and conditions set out in these Terms;
     (b) warrant that you are authorised to use the credit card or debit card (or any other mode of payment that you use) to make the purchase;
     (c) warrant that you are at least eighteen (18) years of age; and
     (d) become liable to pay the balance of the price for the Products in accordance with these Terms.

3.3 When placing an order 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.

 

4 PRICES

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

5.1 Where the Products are Clearance Products, full payment of the purchase price of the Products by cash, credit/debit card, cheque or bank transfer are required at the time of purchase.
5.2 Where the Products are not Clearance products a deposit is required at the time of placing the order. We will notify you of the deposit required before we process the order.
5.3 Full payment must be received by cleared funds into King Living’s bank account a full 7 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.
5.4 Payment can be arranged by bank transfer (EFT), credit or debit card, or cash.
5.5 Payment by company or personal cheques must be received by us at least ten (10) business days prior to the estimated delivery date of the Products. Such payment by cheques must clear with our bank(s) prior to delivery of the Products.
5.6 You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, bank transfer fees and related charges).
5.7 Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your order will not be dispatched until this pre-authorisation check has been successfully completed. Your card will be debited once the order has been accepted.
5.8 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 or pick-up as specified below.
     (a) If we deliver the Products, delivery occurs immediately after the Products are unloaded at the delivery address; and
     (b) if you request to pick up the Products from a King Living showroom, delivery occurs immediately when the Products are collected by you in the showroom.
6.2 For showroom collections, our retail team cannot assist in loading the Products.
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 At the time of placing your order, you may nominate to have the Products delivered to you or collected by you.
7.2 If you nominate collection:
     (a) Collection may be from a King Living showroom, subject to clause 7.2(b).
     (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
7.3 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.
     (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, 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 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 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.
8.4 King Living will not be responsible for any property damage caused by a third party supplier and/or any delivery service.
8.5 In the event of any of the following, a card will be left at the delivery address and you will be responsible for organising collection or re-delivery of the Products:
     (a) An appropriate person is not present or available to accept delivery of the Products on the pre-arranged delivery date and time.
     (b)  There is no space available to lay out the Products at the delivery address, and delivery cannot effectively be made.
8.6 You may also be charged for the cost of transport, re-delivery, storage and removal of existing furniture, whichever is applicable to your circumstances.

 

9 STORAGE OPTIONS

9.1 You can defer delivery and we will store your order at no extra cost for up to two weeks beyond the prearranged 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.
9.2 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. 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.
9.3 After either one of the alternative storage options in clauses 9.1or 9.2 is exhausted, delivery must be received. Delivery may be either Express Delivery or Deluxe Delivery. You may also elect Express Delivery with the option of deferred assembly. Contact King Living despatch team on +60 16 299 6777 to arrange a time for the Products to be assembled.

 

10 ORDERS WITH A DELIVERY DATE

10.1If you do not accept delivery of or collect your Products within:
     (a)  Ten (10) days from the date of your purchase for Clearance Products; or
     (b) Three (3) weeks after the estimated delivery date for all other Products,
     (hereinafter referred to as the "Delivery Period"), you become immediately liable to the following:
     (c) If you have paid the full purchase price, you shall arrange for the Products to be delivered to a storage facility of your choice and you are liable for all delivery, storage and associated charges. If King Living delivers your order to a storage facility of your choice, King Living relinquishes all liability for the order upon off-loading of the Products at the storage facility. King Living may assist you with arranging a storage facility, however, there will be an additional cost for this service which shall be wholly borne by you; or
     (d) If you have not paid the full purchase price within the requisite period or if you do not attend to the matters prescribed in (a) above, you will be deemed to have breached the contract of sale of the Products and King Living may exercise its right to treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you: 
         (i) agree to forfeit the Deposit paid, or, if the Products are Clearance Products, the full price of the Products; and
         (ii) will have no further claim to the Products.
10.2 When you place an order with us
     (a) The persons who can contact King Living and who King Living will contact to confirm the date, time and location of delivery;
     (b) The persons entitled to change the date, time, and location for delivery; and
     (c) The persons who can access information about your order; 
     are governed by our Personal Data Protection Policy. The information which are provided to each of these nominated persons is dealt with in accordance with our Personal Data Protection Policy.

 

11 ORDERS WITHOUT A DELIVERY DATE

11.1If 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.
11.2 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.
11.3 If you do not comply with the conditions in clause 11.1(a) above or choose to cancel your order in circumstances where no estimated Delivery Date is set pursuant to clause 11.1(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 RM 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.

 

12 CANCELLATION OF ORDER

12.1 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 RM 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) agree to forfeit the entire purchase price of the products if the products are Clearance Products; and
     (d) will have no further claim to the Products, and 
     (e) 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.
12.2 King Living accepts no cancellation of orders, returns, refunds or exchanges on Clearance Products to the extent that any physical imperfections or other defects have been made known to you or have otherwise been identified by you from your reasonable inspection at the time of your purchase.

 

13.2 Where you are purchasing Products that are Clearance Products 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.

 

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, except to the extent that the delay was caused by King Living’s negligent act or omission.

14.2 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).

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:

      (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.

 

15 PRODUCT VARIATIONS AND SPECIFICATIONS

15.1 Your Product may exhibit different characteristics to the sample in the King Living showroom or the images which are shown on the King Living website. For example (and without limitation):

   (a) soft furniture surfaces may vary in appearance and characteristics such as creasing and the degree of softness;

   (b) due to our process of continuous improvement, timber parts may vary in colour, finish (including the paint, stain or veneer) or type of timber;

   (c) colour swatches and samples are an approximate guide only because different batches leather and fabrics vary in colour and texture;

   (d) leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather and therefore vary from product to product.

15.2 To the full extent permitted by law, we reserve the right to change dimensions, materials, design and construction specifications and to pattern match fabrics according to King Living’s best judgment to improve the design of the Product and still honour our contract with you. In most cases any changes will be of a limited nature and not material or noticeable.

15.3 If replacement parts or repairs are required under a warranty claim and if the Product has been changed or discontinued, we will use our best efforts, subject to the limitations referred to above.

 

16 PRODUCT SUITABILITY

16.1 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.

 

17 WARRANTY

17.1 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 

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

            

18 LIABILITY

18.1 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.

18.2 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, is limited to the amount payable by you to King Living in respect of the Product giving rise to the liability.

 

19 INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

19.1 You must inspect your Products when you take delivery of them and you may be required to note any damage on the delivery documentation which is presented to you upon delivery. This does not apply to clearance items, where you accept any defects and minor damage to such Products upon purchase.

19.2 In all other cases, to make a claim you must notify King Living of any damage to the Products or shortages in delivery promptly after receiving delivery. To make a claim:

   (a) contact + 60 16 299 6777; or

   (b) visit our website and submit a customer service request to https://help.kingliving.my/hc/en-au/requests/new

19.3 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.

19.4 Non-conformity, 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.

 

20 ACCURACY OF INFORMATION

20.1 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.

20.2 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 the King Living website is different to the price displayed in a King Living Showroom, the price displayed in the King Living Showroom will be considered the correct price.

 

21 INTELLECTUAL PROPERTY

21.1 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.

21.2 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.

 

22 PERSONAL DATA PROTECTION POLICY 

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

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

 

23 INDEMNITY 

23.1 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. The scope of this indemnity is reduced to the limited extent that King Living has contributed to any liability, loss or damage which is the subject of the indemnity.

 

24 GOVERNING LAW

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

 

25 GENERAL 

25.1 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.

25.2 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 continue to be enforceable and valid.

 

26 CONTACT – KING LIVING CUSTOMER SERVICE

For further information please contact King Living Customer Service:

KING LIVING L1.06, Level 1 IPC Shopping Centre No. 2, Jalan PJU 7/2 Mutiara Damansara 47800 Petaling Jaya Selangor Malaysia.

[email protected] 

 

Phone +603-2633 7600 / +603-7732 0272

Meridian Outlook Sdn Bhd (1216613-U) – GST Reg No: 001144025088 - www.kingliving.com –

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