Terms and Privacy

KING FURNITURE AUSTRALIA PTY LTD

Website - Terms & Conditions of Use

This website and its contents is owned and operated by King Furniture Australia Pty. Ltd (“King Furniture”) ABN No. 79 002 757 333. By accessing or using this website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, including the “Privacy Matters” set out below, and any other terms and conditions stated elsewhere on the website (referred to collectively as “Terms and Conditions”).

The Terms and Conditions govern the use of this website.

King Furniture reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly.

This website is provided on an “as is” basis. The information on this website is for general information only. While King Furniture has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. King Furniture does not accept any responsibility for any error, omission or defect in the information provided on this website. Use of any information from this website is at your own risk.

To the fullest extent permissible by law, King Furniture:

(a) Does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and

(b) Does not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms and Conditions limit, exclude or modify or purport to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under the ASIC Act 2001 (Cth.) or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including but not limited to any act or omission on the part of King Furniture) will King Furniture accept liability for any loss or damage whatsoever resulting from any use or access, or any inability to use or access the website.

You agree to indemnify and keep indemnified King Furniture in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which King Furniture may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

All products offered for sale on this website or appearing on this website are the property of King Furniture and its contractors. Nothing contained on this website is intended to hold out any express or implied representation to you that any other person (including any manufacturer, designer, retailer or other organisation) has authorised or is in any way associated or affiliated with this website or the goods, products and services shown on this website or offered for sale by King Furniture. Specifications on this website are correct at the time of publishing but are subject to change without notice.

This website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by King Furniture, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of the website into another website without King Furniture’s express consent.

King Furniture reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, King Furniture will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on King Furniture’s liability will survive such termination.

King Furniture assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the website. Except as King Furniture may specifically direct otherwise, King Furniture does not authorise the content of those third party websites.

The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of King Furniture for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Certain parts of the website may contain competitions or promotions from King Furniture or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, King Furniture specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.

The Terms and Conditions are governed by and to be construed in accordance with the laws of the State of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will
remain in full force and effect.

King Furniture makes no representation that the content of the website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Postureflex® is a registered trademark of King Furniture. King Furniture innovations are protected by patents and design registrations pending and granted.

Terms and Conditions of Sale

THANK YOU FOR CHOOSING KING FURNITURE

The terms and conditions of sale below apply to all purchases of King Furniture products.

We, and similar expressions, refer to King Furniture Australia Pty Limited (ACN 002 757 333). You, and similar expressions, refer to you, our customer or proposed customer.

DELIVERY
You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access. You must ensure correct delivery address details are provided to us and notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). We will use reasonable endeavours to meet the estimated delivery date. If we do not meet the estimated delivery date for any reason, our liability will be limited, at our option, to resupplying the goods at a different time or at a maximum, to the refund of the purchase price. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. Should an appropriate person not be available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs. You are responsible for ensuring there is adequate access and entry to the site to allow the delivery of the products. If delivery cannot be made, a card will be left and you will be responsible for organising collection of the products from the address identified on the card.

STORAGE
You may be liable for payment of storage fees for products that cannot be delivered on the estimated delivery date.

RISK AND TITLE
All risk and title in King Furniture products passes on receipt of full payment of the products by you,

PAYMENT
Full payment by either cash or credit is required prior to delivery of the products.
Company or personal cheques will not be accepted. You are responsible for any costs incurred in arranging payment for the goods e.g. bank transfer fees and related charges.

CANCELLATION OF ORDER
We do not refund or exchange if you change your mind. You agree to pay a minimum cancellation fee of 30% of your deposit if you cancel your order. If you cancel your order after manufacture of your products has commenced, you agree to pay a cancellation fee up to the entire purchase price at our discretion.

VARIATIONS AND SPECIFICATIONS
Your product may exhibit different characteristics to the sample of showroom furniture 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. We reserve the right to change dimensions, design and construction and to pattern match fabrics according to our best judgment without prior notice.

CUSTOMER GUARANTEES
The following only applies if you are a deemed "consumer" under the Australian Consumer Law and may not apply in your particular case. In telling you the following, we do not vary or extend the remedies otherwise available to you.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

If there is a defect in your King Furniture product that appears within the first 12 months, we will do the following:

If a product has a minor defect, we will, at our option, repair it or offer you a replacement.
If a product has a major defect, you are entitled to:
- reject the goods and receive a refund; or
- reject the goods and receive an identical replacement, or one of similar value if reasonably available; or
- keep the goods and receive compensation for the drop in value caused by the problem.

To the full extent permitted by law, the maximum aggregate liability of King Furniture for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Customer Law), is limited to the amount payable by you to us in respect of the product giving rise to the liability.

In addition to the rights and remedies you may have available under the Australia Customer Law or any other law that applies to the goods or services that you have purchased from King Furniture, you may also be entitled to additional benefits under the terms of any additional Extended Warranty that comes with your Product.

In order to submit a claim for a defective product, you will need to (at your own expense) contact King Furniture Customer Service
on 1300-13-KING (5464) and send notice in writing to King Furniture at 123 Turrella Street, Turella NSW 2205, or by email at service@kingfurniture.com.au with details of your name, address, telephone number, King Furniture product details, and details of the defect claimed.

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 Furniture.

The customer will not knowingly allow any intellectual property belonging to King Furniture to be reverse engineered, pirated or copied or breached in any other manner. King Furniture may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of King Furniture's intellectual property rights.

LOWEST EVERYDAY PRICE GUARANTEE
Any item offered with this guarantee is being sold at our lowest price and will not be reduced any further except for a genuine clearance sale (if any) of that item. However, we reserve the right to increase the price due to increases in materials, freight, and manufacture.

PRIVACY
We may collect personal information in connection with our dealings with you. If so, we will abide by our privacy policy, a copy of which is available on request.

GENARAL
If any part of these terms and conditions 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 and conditions continues to be enforceable and valid.

GOVERNING LAW
These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.

For further information please contact
KING FURNITURE CUSTOMER SERVICE
1300-13-KING (5464)
service@kingfurniture.com.au
WWW.KINGFURNITURE.COM
123 Turrella St Turrella NSW 2205

Privacy Matters

KING FURNITURE AUSTRALIA PTY LTD
PRIVACY STATEMENT
28 JUNE 2012

King Furniture Australia Pty. Ltd (“King Furniture”) is a retailer, who trades utilising the web through its website and in its stores. Information about “King Furniture” can be obtained by logging on to www.kingfurniture.com or by contacting the Privacy Officer at :

King Furniture Australia Pty. Ltd.
61 Parramatta Road
Annandale NSW 2038 Australia
e-mail privacyofficer@kingfurniture.com

This Privacy Policy explains how King Furniture collects and protects the privacy of personal information about you collected by “King Furniture” or provided by you to King Furniture via our website or from other sources.

This Privacy Policy does not apply in relation to acts and practices of King Furniture which relate directly to the employee records of present and former employees of King Furniture. King Furniture acknowledges and is committed to protecting your privacy and disclose and hold personal information in accordance with the Privacy Act 1998 (“the Act”).

THE PRIVACY OFFICER CAN INFORM YOU:

when King Furniture collects information about you
what information King Furniture collects and holds about you
why King Furniture collects such information
how your information is used by King Furniture and the organisations or types
of organisations that the information would usually be disclosed to
if the law requires the collection of such information
if you can access such information and how you can access such information
how you can correct such information if it is incorrect

COLLECTION OF PERSONAL INFORMATION
King Furniture does not collect personal information unless it is necessary for carrying out the functions and activities as a retailer.
King Furniture only collects such information by lawful and fair means and in an unobtrusive manner. You may be providing personal information about yourself or others each time you contact King Furniture by phone, fax, letter or e-mail. “King Furniture” needs to use this information to provide you with services and/or products.

THIS INFORMATION WILL BE USED AND MANAGED AS FOLLOWS:

DISCLOSURE OF PERSONAL INFORMATION AND MARKETING:
King Furniture will use and disclose your personal information for the primary purposes of carrying out business as a retailer
or a purpose related to King Furniture’s primary purpose such as marketing, where you consent to such disclosure or such disclosure is permitted by the Act. In addition King Furniture use such information to market, to you, products and services offered by King Furniture, unless you have indicated that you do not wish to obtain such marketing offers or material. Such a request can be made by e-mailing the privacyofficer@kingfurniture.com or by contacting any King Furniture store. King Furniture will in such circumstances only use the personal information provided for the sole purpose of providing the service you have requested. King Furniture may utilise the services of contractors from time to time for the purposes of marketing and undertaking services as promoted by King Furniture. Your personal information will be provided to these parties (“Authorised Parties”) for the purpose of ensuring that the services or products of King Furniture are marketed to you or to enable a service to be provided to you.

“King Furniture” will not disclose your personal information to a third party other than the Authorised Parties without your approval.

SECURITY AND ACCESS OF PERSONAL INFORMATION
The personal information you provide to King Furniture will be kept confidential and secure and will not be accessible for unauthorised use, amendment or disclosure. Only King Furniture staff trained in the Privacy Policy will have access to such information.

King Furniture may store your information electronically or/and as a hard copy.

You can access your personal information held by King Furniture at any time by contacting our Privacy Officer at the address on top of this statement.

ACCURACY OF YOUR INFORMATION:
King Furniture will reasonably attempt to ensure that the personal information held about you is accurate, up to date and complete.

To assist King Furniture to do this please:

provide the correct information to King Furniture
inform King Furniture if/when your details change

If King Furniture denies you access or request for correction they will provide you with reasons why the access or request for correction was denied.

KING FURNITURE PRIVACY POLICY:
Due to the importance of your privacy, the King Furniture Privacy Policy is reviewed and monitored regularly. A hard copy of the Privacy Policy is available by contacting the King Furniture Privacy Officer.

KING FURNITURE PRIVACY COMPLAINTS PROCESS:
If you are concerned with the way King Furniture handled your personal information, please contact the Privacy Officer who will make available to you a privacy complaint form. You will be required to complete this form and return it to the Privacy Officer at King Furniture. This will ensure the prompt investigation of your complaint.

If you feel your personal information is not handled appropriately by King Furniture steps will be taken to remedy your concerns.

If you are not satisfied with the steps taken and are still concerned, you may contact the Privacy Commissioner.

SENSITIVE INFORMATION:
King Furniture will not collect use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in the circumstances permitted in the Act.

CREDIT CARD INFORMATION:
King Furniture will collect your credit card information when you provide it to make a purchase. King Furniture may need to provide this information to a third party in order to process your payment. King Furniture will not use your credit card information for any other purpose. Any third parties that are granted access to your credit card information will only be granted such access to the extent needed to perform their functions, and may not use it for other purposes. King Furniture warrants that it will use its best endeavours to ensure that all credit card information is stored securely.

LINKS TO OTHER SITES:
King Furniture may provide links to other sites. If you use these links, you will leave our website and we are not responsible for any of these sites, their content or their usage of your personal information. We advise that you check the privacy policies on those sites.

CLICKSTREAM DATA:
Each time you visit the website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server's IP address.

King Furniture may collect this information for statistical purposes to find out how the website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve our web site performance.

COOKIES:
A “Cookie” is a piece of information that our web server may send to your machine when you visit our website. The Cookie is stored on your machine, but does not identify you or give us any information about your computer.

A Cookie helps us to recognise you when you re-visit our website and to co-ordinate your access to different pages on the website. With most Internet browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more.

King Contract Terms and Conditions