Applies to:

• Sales from King Outlet Website
• Sales from King Outlet Showrooms
• Other sales of Clearance Products

  v.20250730

 

Clearance Products Terms and Conditions of Sale (Canada)

 

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 For every sale of a Clearance Product, King Living’s 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 refer to King Living Inc. (CANADA). 
  (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 King Outlet Website (Outlet Website); or
     (ii) for sale in a King Outlet showroom (Outlet Showroom) which is substantially dedicated to the sale of Clearance Products; or
    (iii) identified and promoted as being a “Clearance” item or “Outlet” item (or similar title); or
    (iv) identified and promoted as being used (not new) products, returned products or discontinued products; orr
    (v) 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 and/or otherwise of substandard quality. 
2.2 A Clearance Product 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 All goods offered for sale:
  (a) on our Outlet Website; or
  (b) via an Outlet Showroom,
are Clearance Products and are sold subject to these (Clearance Product) Terms and Conditions of Sale.
2.4 If you are purchasing a Clearance Product other than from from an Outlet Website then, before or at the time of placing an order and making payment, you acknowledge and agree that, you have inspected the Clearance Product and satisfied yourself that:
  (a) the Clearance Product is or may be, discontinued, defective, damaged, flawed and/or otherwise of substandard quality and may not operate as intended, or at all;
  (b) given the discounted price, the Clearance Product meets your requirements and is suitable and sufficient for your intended purpose in all respects and despite being discontinued, defective, damaged, flawed and/or otherwise of substandard quality or inoperable.
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;
  (b) Clearance Products 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;
  (c) a Clearance Product is or may be discontinued, defective, damaged, flawed and/or otherwise of substandard quality and may not operate as intended, or at all;
  (d) given the discounted price, the Clearance Product meets your requirements and is suitable and sufficient for your intended purpose in all respects and despite being discontinued, defective, damaged, flawed and/or otherwise of substandard quality.

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 Canadian dollars and exclusive of applicable GST/HST and PST. 
4.2 Applicable taxes, along with credit check or employment verification costs (if required) will be charged in addition to the price for Products and included in the total cost of your order at check out.
4.3 If delivery costs are incurred, those costs will be charged in addition to the price of the Product which you order. 
4.4 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.
4.5 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 after 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 may 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 (Delivery Date) will be arranged with you in advance.
  (b) Any Delivery Date quoted to you 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 disclaims and relinquishes all further liability for the order.
10.3 If you do not promptly attend to the matters in 10.1, we may terminate 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
  (c) King Living may in its sole discretion elect to dispose of the Products without further notice to you.

 

11 DELAY IN DELIVERY OF YOUR FURNITURE
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.
11.2 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, discontinued, defective, damaged, soiled, flawed and/or otherwise of substandard quality and may not operate as intended, or at all. You accept this when you place your order.
12.2 If you are purchasing a Clearance Product other than from our Outlet Website, we recommend that you carefully inspect every Product in person before purchasing the Product. 
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 Generally speaking, each Clearance Product is unique (because the Product is or may be, discontinued, defective, damaged, soiled, flawed and/or otherwise of substandard quality) and therefore, in most cases, 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 If you are purchasing a Product other than from our Outlet Website (for example, from an Outlet Showroom), 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 of the King Warranty is still offered on Clearance Products. Non-excludable consumer protection laws in your jurisdiction continue to apply as required by law.
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 another third party has caused or contributed directly or indirectly to any damage to the Product while in your possession or control.

 

14 WARRANTIES
14.1    Our goods come with guarantees that cannot be excluded under the Canada Consumer Product Safety Act, SC 2010, c 21, (CCPSA), Business Practices and Consumer Protection Act, SBC 2004, c 2. 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. 
14.2    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.
14.3    Due to the defective/damaged/flawed and therefore unique condition of each Clearance Product, it is not, generally speaking, possible to exchange a Clearance Product for goods of similar quality. 
14.4    Subject to compliance with our statutory non-excludable legal obligations (described in clause 14.1 above), we will not provide to you any refund, exchange or credit for any damage with respect to Clearance Products. Except for our statutory non-excludable legal obligations (described in clause 14.1 above), 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 while they were in your possession or control. KING LIVING MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO A CLEARANCE PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF COMPLIANCE WITH LAW OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED.
14.5    Products and any services we provide to you come with guarantees that cannot be excluded under relevant Canadian law.

 

15 LIMITATIONS OF LIABILITY
15.1 UNDER NO CIRCUMSTANCES WILL KING LIVING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED OR ECONOMIC LOSSES OR DAMAGES, INCLUDING FOR LOSS OF PROFITS, UNDER OR ARISING OUT OF THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT KING LIVING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY SUCH CLAIM MAY BE BASED. KING LIVING’S AGGREGATE LIABILITY ARISING OUT OF ANY SALES ORDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NEVER BE GREATER THAN THE RELEVANT AMOUNT TO BE PAID TO KING LIVING UNDER SUCH SALES ORDER. SHOULD THE REMEDIES AVAILABLE TO CUSTOMER HEREUNDER BE FOUND INADEQUATE OR TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE FOR ANY REASON WHATSOEVER, YOU AGREE THAT RETURN OF THE AMOUNT PAID BY YOU TO KING LIVING UNDER THE APPLICABLE SALES ORDER WILL PREVENT THE REMEDIES FROM FAILING IN THEIR ESSENTIAL PURPOSE AND SUCH PAYMENT WILL BE CONSIDERED BY CUSTOMER AS A FAIR AND ADEQUATE REMEDY.

 

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 (excluding 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, please contact King Living Customer Service using the CONTACT DETAILS provided at the end of these Terms:,
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 our dealings with you. If so, we will abide and you agree to be bound by King Living’s Privacy Policy. 
17.2 King Living’s Privacy Policy for Canada is available for view here.

 

18 INDEMNITY
18.1 To the full extent permitted by law, you agree to defend, indemnify, and hold harmless King Living, its affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents from and against all liability, loss or damage King Living may sustain, including costs,  fees, and expenses (including attorneys’ fees), under any theory of law or equity that relate to any breach, act or omission of these Terms by you and your obligations under them, or your negligence or wilful misconduct.

 

19 GOVERNING LAW
19.1 These Terms will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein. The parties submit to the non-exclusive jurisdiction of the courts of British Columbia.

 

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.
20.3 King Living may assign its rights under these Terms to any person or entity without your consent.  The rights granted to you under these Terms may not be assigned without King Living’s prior written consent, and any purported assignment without such consent shall be null and void.
20.4 These Terms may only be modified by a written amendment signed by an authorized representative of King Living, or by the posting of a revised version on King Living’s website.  These Terms supersede any proposal or prior agreement, verbal or written, and any other communications between You and King Living relating to the subject matter of these Terms.

 

21 CONTACT DETAILS

21.1 For notices under these Terms or if you seek further information, please contact King Living Customer Service:
Telephone: (+1) 236 521 6666
For more information, contact us or use our live chat feature

 

King Living Inc. (CANADA)
3097 Granville St, 
Vancouver, BC V6H 3J9, 
Canada