Terms and Privacy

KING FURNITURE AUSTRALIA PTY LTD

Website - Terms & Conditions of Use

This website is owned by King Furniture Australia Pty. Ltd (“King Furniture”)
ABN No. 79 002 757 333. All users/browsers of this website must agree to be bound by the terms and conditions set out below.
Do not use the “King Furniture” website if you do not agree to the terms and conditions below.

The information on this website is for general information only and contain technical inaccuracies or typographical errors.
“King Furniture” does not accept any responsibility for the information or accuracy provided on this website.
Use of any information from this website is at your own risk.

“King Furniture” will not be liable to any party for any direct or indirect consequential damages arising from use of this website
or any linked websites. “King Furniture” provides no representations or warranties, express or implied, including any implied warranties
of fitness for a particular purpose, merchant ability of otherwise in relation to any information provided by “King Furniture” on this website.

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.

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

All rights reserved. No part of this site may be reproduced in any manner without express written permission of “King Furniture”.

TERMS AND CONDITIONS OF SALE
This agreement is subject to the terms and conditions below, provided that the term or condition is not in breach of any applicable law
or statute at the time and place of acceptance of this order by King Furniture.

THANK YOU FOR CHOOSING KING FURNITURE
If you have purchased new furniture, your order will now be sent to one of our manufacturing facilities.
The materials and components for your new furniture will be carefully selected and our craftspeople will begin making your furniture for delivery.

DELIVERY
Delivery dates are approximate only. Each part of the manufacturing process is carefully checked and any components not meeting
our strict requirements will be rejected. This dedication to quality, together with factors beyond our direct control, may sometimes result
in unavoidable delivery delays. Please contact our customer service for delivery information. Please notify King Furniture in advance
of difficult delivery access, including staircases, narrow passages or areas of awkward access that may restrict, delay or prevent delivery.
All delivery charges will be the responsibility of the purchaser, including any additional costs incurred as the result of difficulties with access.
Goods not collected or able to be delivered within 14 days will incur a weekly storage charge.

SPECIFICATIONS
We reserve the right to change prices, dimensions, design and construction without prior notice.
Our representatives are available to answer any questions concerning King Furniture products, however,
you must be solely responsible for your final selection including the suitability of a particular covering, colour and model.
Please choose carefully as we do not usually refund or exchange if you change your mind.

ESSENTIAL CARE AND MAINTENANCE
Your furniture is designed to specifications exceeding ordinary levels, however the life of the furniture will depend on proper care
and maintenance. Please obtain and follow carefully, the appropriate care and maintenance instructions for your furniture.
Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture may result
in costly repairs and could void your warranty. Soft cushion fillings and removable covers may require periodic replacement due to
normal or abnormal use. Contact our customer service for information and pricing.

VARIATIONS
Your new furniture may exhibit different characteristics to the sample of showroom furniture depending on the selected covering
and the degree of use. Soft furniture will vary in appearance, characteristics such as creasing and the degree of softness.
Colour swatches and samples are to be used as 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 pattern match fabrics according to our best judgement.

WARRANTY
Each piece of furniture manufactured by King Furniture is protected by a written steel frame warranty and is subject to the
terms and conditions of the limited warranty. No other warranty is valid whether expressed or implied except for any implied
conditions and warranties under mandatory laws applicable at the time and place of acceptance of this order by King Furniture.
Inappropriate cleaning methods, above average or excessive loading or the failure to properly care for the furniture could void your warranty.

CARRIERS
Full payment is required prior to the goods passing to a contract carrier. All furniture is transported at the purchaser's own risk.
It is the responsibility of the purchaser to arrange insurance and to organise any additional protective packaging. King Furniture is not responsible for the goods once they have changed hands. Crating and additional protective packaging is not normally used if freight is by padded transport.
All freight and insurance charges, including charges for any additional packaging and crating are the responsibility of the purchaser.

CANCELLATIONS
Deposits are subject to a minimum cancellation charge amounting to 30% of the purchase price. Cancellations where manufacturing
has commenced and/or purchases have been made on your behalf, may include a cancellation charge up to the entire purchase price.
The cancellation charge covers loss of value, administration and inventory costs, and other associated expenses.

TITLE
The title to the goods and ownership shall remain with King Furniture until such time as the purchaser has paid all amounts owing
whether under this agreement or any other associated agreement. In the event of any default by the purchaser, King Furniture
(without prejudice to any other rights) shall be entitled to repossession of the goods and for the purpose of repossessing the goods
King Furniture shall be at liberty to enter premises in which the goods are located and shall not be liable for any damage whatever incurred
during repossession. If the purchaser sells the goods prior to payment of all sums owing, the purchaser shall hold the proceeds of such
sale as trustee for King Furniture. King Furniture shall be entitled to all such proceeds.

PAYMENT
Full payment of the balance of this invoice is to be paid prior to receipt of whole or part of the goods. No company or personal cheques accepted. Any costs incurred in obtaining payment for goods, including bank transfer fees, currency conversion costs, cheque representation fees and related charges, must be paid by the purchaser. All amounts are in Australian dollars unless specified in writing by an authorised representative of King Furniture. King Furniture reserve the right to cancel any invoice. King Furniture shall be entitled without prejudice to its other rights and remedies, to terminate or suspend the whole of or any part of any agreement between King Furniture and the purchaser.

INTELLECTUAL PROPERTY
The purchaser acknowledges that all intellectual property including designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of King Furniture. The purchaser will not knowingly allow any intellectual property belonging to King Furniture to be reverse engineered, pirated or copied. King Furniture may be entitled to compensation for any loss of royalties, damages and/or costs arising from the pirating of King Furniture intellectual property.

King Furniture is a registered business name of King Furniture (Australia) Pty Ltd incorporated in N.S.W. Australia ACN 002 757 333

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.

DESCRIPTION, PRICES AND PRODUCT INFORMATION
If you have purchased new furniture, your order will now be sent to one of our manufacturing facilities. The materials and components for your new furniture will be carefully selected and our craftspeople will begin making your furniture for delivery.

DELIVERY
Delivery charges and estimated times will depend on where your product is being delivered. You must ensure correct delivery address details are provided to us. We will use all reasonable endeavours to meet the delivery date on the nominated day, however you agree that King Furniture is not and will not be liable for any loss or damage, however it arises, if the products are not delivered by the delivery date. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made because an appropriate person is not present.

STORAGE
Products not collected or delivered within the agreed time may incur storage fees.

RISK AND TITLE
All risk in King Furniture products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by King Furniture of full payment by either cash or credit.

PAYMENT
Full payment for products must be made at the time of purchase, except in the event of made to order products, in which case King Furniture may at its absolute discretion agree to accept a deposit with the payment of the balance at a later time, but in any event full payment must be received by King Furniture prior to delivery being arranged.

Company or personal cheques will not be accepted.

CANCELLATION OF AN ORDER
Deposits are subject to a minimum cancellation charge amounting to 30% of the purchase price of the product. Cancellations where manufacturing has commenced or where purchases have been made on your behalf, may include a cancellation charge up to the entire purchase price. The cancellation charge covers loss of value, administration and inventory costs, and other associated expenses.

VARIATIONS
Your product may exhibit different characteristics to the sample of showroom furniture depending on the selected covering and the degree of use. Soft furniture will vary in appearance and characteristics such as creasing and the degree of softness. Colour swatches and samples are to be used as 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.

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 a product has a minor defect, we will repair or offer you a replacement or a refund. If a product has a major defect, you are entitled to:

reject the goods and receive a refund;
reject the goods and receive an identical replacement, or one of similar value 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 a breach of a condition, guarantee or warranty 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.

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.

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.

GENERAL
Your may not transfer any of your rights under these terms and conditions to any other person.

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.au
123 Turrella St Turrella NSW 2205

Privacy Matters

KING FURNITURE AUSTRALIA PTY LTD
PRIVACY STATEMENT
28 FEBRUARY 2008

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 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 Disclosees 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 Complaint 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.