Guideline

 

1) Trade Price means the minimum advertised price at which a product is offered during the six-month period before the date when the deposit is paid, subject to the exceptions in clause 2, below.
2) Exception: A pricing discount offered under or in connection with a Special Offer is not eligible for calculation of the Trade Price.
3) Tier status (silver, gold, diamond, or platinum) is assessed only 4 times per year, at the end of every quarter during the calendar year, based on the total value of transactions made in the previous quarter(s) of that calendar year.
4) “Spend” eligibility for gold, diamond, or platinum tier status is calculated by reference to the total value of eligible transactions within the calendar year. The calculation of “spend” counts the full value of each transaction (as recorded on the Sales Order) for which the deposit has been paid and received during the previous quarter(s) of that calendar year.
5) When a Trade Client is assessed and graduates from a lower tier status to a higher tier status, the pricing discount for the higher tier status is applied to future transactions and is not retrospective.
6) The current tier status (silver, gold, diamond, or platinum) of a Trade Client at the time when the deposit is paid will determine the additional pricing discount which is applied to that transaction.
7) The highest tier status (silver, gold, diamond, or platinum) attained in a calendar year will carry over to the first quarter of the immediate following calendar year and will be re-assessed at the end of Q1 (as per clause 3, above) during the immediate following calendar year.
8) The rules are not a binding contractual obligation by King. Any discount is offered at the discretion of King. King will apply the rules in good faith however we reserve the complete, unfettered discretion and right to change the KINGTrade program and/or the rules of the KINGTrade Tiered Pricing Structure and/or to refuse or revoke a discount at any time with respect to any transaction and without explanation or accounting to the Trade Client. KING’s assessment the tier status of a Trade Client is final and no correspondence will be entered into.

 

v.20250723

 

King Trade Members Terms and Conditions of Sale (CANADA) 

 

1 INTRODUCTION TO KING TRADE MEMBERSHIP

1.1 King Living, we, us (and similar expressions) refers to King Living Inc (Canada), a company registered under the laws of British Columbia (Number C1317476).

1.2 King Living operates a Trade & Commercial business incentive program which caters to the needs of designers, architects, property developers, specifiers and other approved trade customers (the King Trade Program). King Living may, in its discretion, offer membership in the King Trade Program to select individuals from time to time.

1.3 King Trade Member, you, your (and similar expressions) refers to a person (including a corporate entity) who:
     (a) has been offered and has accepted membership of the King Trade Program; and
     (b) has been approved by King Living to open a King Trade Account, and to purchase Products subject to these Terms and Conditions.

1.4 If you are a King Trade Member, then:
     (a) you become eligible to receive certain discounts and/or other benefits (together, Benefits) which are offered to King Trade Members who purchase products from King Living for residential and commercial projects; and
     (b) your receipt of a Benefit from King Living is at the discretion of King Living; and 
     (c) your purchase of discounted Products is exclusively subject to these King Trade Members Terms and Conditions of Sale (Terms).

1.5 Your membership in the King Trade Program may be withdrawn by King Living at any time and without cause. At any time we may request you to provide us with evidence (specified by us) that you are presently qualified to be a King Trade Member, and you agree to provide us with that evidence. King Living has the right terminate these Terms if we are not satisfied that you qualify to be a King Trade Member.

1.6 As a valued King Trade Member, you should understand that these Terms apply to all products which you purchase directly from King Living (Products) in your capacity as a King Trade Member. Please feel free to speak with any one of our showroom consultants if you have any questions.

1.7 These Terms govern the agreement between King Living and you, the King Trade Member to the exclusion of any other terms that you or an End Customer (as later defined) seek to impose or incorporate. For the avoidance of doubt, if these Terms govern the agreement, then King Living’s standard Terms and Conditions of Sale are entirely excluded and are replaced by these King Trade Members Terms and Conditions of Sale.

1.8 To the extent permitted by law, these Terms also exclude any terms which are implied by law, trade custom, practice or course of dealing. 

 

2 OBLIGATIONS OF A KING TRADE MEMBER

2.1 King Living relies upon and assumes that:
     (a) the role of the King Trade Member is to act as the primary contracting entity in all dealings with King Furniture; and
     (b) if the King Trade Member is purchasing Products from King Living for their own client (called the End Customer), the End Customer is not a customer of King Living with respect to a Product which is purchased by the King Trade Member; and
     (c) if the King Trade Member is purchasing Products from King Living for the End Customer, the King Trade Member, in purchasing Products from King Living, is not acting as the agent of the End Customer.

2.2 In return for receiving Benefits, the King Trade Member must be responsible for all aspects of each order placed by them for the purchase of Products including (but not limited to): 
     (a) all communications with King Living related to the purchase and delivery of the Products; 
     (b) choice of design and any cover/colour option; 
     (c) size and dimensions of a Product and ensuring the Products will fit in the intended space and be fit for purpose; 
     (d) arranging for King Living to receive payment for the purchase of Products; and 
     (e) liaising with King Living for delivery and/or installation (if applicable) of the Products to you or, at your request, to your End Customer.

2.3 Where a King Trade Member places an order with King Living for the purchase of Products for their End Customer, King Living will not provide any quotation, price, invoice or other information regarding the purchase to their End Customer (subject to clause 2.6). You agree that King Living will liaise exclusively with you, the King Trade Member, in relation to the purchase and delivery of Products.  

2.4 Where a King Trade member places an order with King Living for the purchase of Products for their End-Customer, to the fullest extent permitted by law, from the time you, the King Trade member, first make contact with us in relation to a purchase of Products until at least three (3) months following the delivery of Products, you agree to:
     (a) use all reasonable efforts to ensure that no contact is made to King Living directly by your End-Customer or any other third party in relation to the order for Products, delivery, payment of the purchase price for the Products, or any other customer service issue including any claim under a warranty offered by King Living or a consumer guarantee under the Canada Consumer Product Safety Act, SC 2010, c 21, (CCPSA), Business Practices and Consumer Protection Act, SBC 2004, c 2.; and
     (b) be solely and exclusively responsible (as between you and your End-Customer or any third party) for communicating with King Living in relation to the order for Products, delivery, payment of the purchase price for the Products, or any other customer service issue including any claim under a warranty offered by King Living or a consumer guarantee under the Canada Consumer Product Safety Act, SC 2010, c 21, (CCPSA), Business Practices and Consumer Protection Act, SBC 2004, c 2.

2.5 If you select and place an order for the purchase of Products for your End Customer, and if you, the King Trade Member:
     (a) request King Living to receive and accept payment (at a price which includes the King Trade Member’s discount) directly from your End Customer for the Products ; and/or
     (b) request King Living to deal directly with the End Customer for any warranty claims on those Products;
then King Living may require your written authorisation (in a form which is acceptable to King Living) before it complies with any such request in relation to that End Customer.

2.6 If King Living accedes to a request made by you under clause 2.5:
     (a) the End Customer will be acting as the agent of the King Trade member and the King Trade member, (not the End Customer) will remain as the customer of King Living; 
     (b) the King Trade member must notify the End Customer of these Terms, the pricing, the trade discount and Product selections (and you accept that King Living may share those details with the End Customer); 
     (c) the King Trade member is, and remains, solely responsible at all times with respect to the Product selection, including all components of the Products, and compliance with these Terms;

2.7 King Living will rely upon its communications with the King Trade member, to the exclusion of communications with the End Customer. IF THERE IS A DISPUTE BETWEEN KING LIVING AND THE END CUSTOMER ABOUT THESE CIRCUMSTANCES, YOU, THE KING TRADE MEMBER, AGREE AT ALL TIMES TO INDEMNIFY KING LIVING FROM ALL LOSS, LIABILITY, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE WHATSOEVER CAUSED TO KING LIVING ARISING IN CONNECTION WITH THAT DISPUTE.  

2.8 In performing your obligations under these Terms, you agree you shall comply with all applicable laws, statutes, regulations and codes from time to time in force.

2.9 The Products are intended for use only in Canada Therefore King Living does not warrant that the Products will comply with the laws, regulations or standards outside Canada. If you export any Products outside of Canada you are solely responsible for compliance with laws, regulations or standards and you agree to indemnify King Living from all loss, liability, including any special, indirect or consequential loss or damage of any nature whatsoever caused to King Living arising in connection with such export. 

 

3 QUOTATION

3.1 A quotation provided by us will be valid for 30 days from the date of issue or such other period stated therein, whichever is earlier. Unless otherwise stated in writing, the quotation price will be for supply in: Canada and in Canadian Dollars (CAD) based on Ex Works King Living’s depot in the applicable Canadian city.  

3.2 The quotation excludes delivery, installation, insurance in transit, packaging, crating, handling charges, agents’ charges and any other charges, which are payable in addition to the quotation where this is required.

3.3 Any alteration to the specifications of a Product or services in a quotation is subject to a price review.

3.4 If you elect to have the Products delivered and installed by us, the delivery and installation costs will be quoted separately prior to delivery.

3.5 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. 

 

4 PLACING AN ORDER

4.1 When a deposit is accepted by King Living relating to your purchase of the Products, the order becomes immediately binding on King Living and you agree to all of the terms and conditions set out in these Terms.

4.2 When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements (and/or the requirements of your End Customer) and are suitable and sufficient for your intended purpose in all respects.

 

5 PRICING AND TRADE DISCOUNT

5.1 All prices are, for supply in Canada, in Canadian Dollars (CAD) based on Ex Works King Living’s depot in the applicable Canadian city.

5.2 ‘Starting from’ prices are based on the smallest dimensions and/or most basic model and finish available.

5.3 Trade discounts are not available in conjunction with any Clearance Products.

5.4 King Living may, in its sole discretion and upon thirty (30) days prior written notice to King Trade member:
     (a) adjust the prices,
     (b) adjust the trade discount rate; 
     (c) discontinue a King Trade Member’s eligibility to receive a trade discount; or 
     (d) refuse to honour a trade discount. 
Such adjusted prices shall apply to all orders submitted by the King Trade Member after the effective date of the price adjustment.

5.5 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.  If the order is cancelled because we have discovered an error in the price and you have:  
     (a) paid a deposit for the Products; 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. 

 

6 TAXATION

6.1 Unless otherwise stated, all recommended trade prices quoted include Goods and Services Tax (GST), sales tax, valued added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you, which are listed separately on the tax invoice. You are responsible for payment of all taxes (including GST), duties, excises, levies, and charges associated with supplying the Products. King Living shall not be responsible for any taxes imposed on, or with respect to, King Living's income, revenues, gross receipts, personnel or real or personal property or other assets.

 

7 PAYMENT

7.1 Full and cleared payment for Products must be made by the King Trade Member at the time of placing their order, except in the event of “made to order” Products which require a deposit.  Production for “made to order” Products will commence once the required deposit in cleared funds has been received by King Living.

7.2 If a deposit is required:
     (a) we will notify you of the required deposit before we process the order; 
     (b) the deposit will be a minimum of 25% of the value of the order (including GST); and
     (c) we reserve the right to require payment of a larger deposit if the value of the order is sufficiently large or otherwise at our discretion.

7.3 When full payment or a deposit is received by King Living, in accordance with these Terms, the order becomes immediately binding on King Living, and you agree to all of the terms and conditions set out in these Terms.

7.4 When placing an order and making full payment or paying a deposit as required by these Terms, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements (or those of your End Customer) and are suitable and sufficient for your intended purpose in all respects.

7.5 Full and cleared payment of the final balance owing for “made to order” Products must be received by King Living at least one week before the estimated delivery date of the Products.  Full payment includes the price of the Products and all other charges payable by you pursuant to these Terms, less the deposit paid.  Upon full payment, the deposit is applied as part of the price of the Products.

7.6 At the time that you place an order and pay the deposit for that order, we will issue you with a document called a ‘Customer Sales Order’ that specifies the details of your order.  The Customer Sales Order becomes a tax invoice upon your full payment.

7.7 If you place an order with King Living for the purchase of Products for your End Customer then you, the King Trade Member, and not the End Customer, are responsible for directly paying the price of purchased Products to King Living in full.  If your End Customer makes a direct payment to King Living, you acknowledge and agree that such payment is made by the End Customer acting with your authority and as your agent.

7.8 If you elect to have the Products delivered and installed by us, the delivery and installation costs must be paid in full prior to delivery.

7.9 You are also responsible for any costs incurred in making payment for the Products e.g. bank transfer fees and related charges. 

 

8 RISK AND TITLE

8.1 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 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.

8.2 For showroom collections, our retail team cannot assist in loading the Products.

8.3 For warehouse collections:
     (a) 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;
     (b) you are solely responsible for arranging for pick-up, loading, and receipt of picked-up Products; and
     (c) 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.

8.4 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.

 

9 STORAGE, AWAITING DELIVERY OR COLLECTION

9.1 You can defer delivery and we will store your order at no extra cost for up to two weeks beyond the previously advised 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 the storage options in clauses 9.1 or 9.2 are exhausted, delivery must be received. Contact King Living using the Contact Details at the end of these Terms to arrange a time.

 

10 DELIVERY

10.1 If you arrange for King Living to deliver the Products to you or your End Customer, the following applies: 
     (a) Any time quoted for delivery is an estimate only. The estimated delivery date will be arranged with you in advance, however, you must not defer the estimated delivery date without King Living’s prior written consent.  
     (b) We reserve the right to make part deliveries of any order. Each part delivered shall constitute a separate sale of Products and will be invoiced accordingly. A part delivery of an order will not invalidate the balance of an order or these Terms. 
     (c) Delivery charges will depend on where your Product is being delivered and the volume of the order. You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access (unless the failure to deliver on that date is due to King Living’s fault). 
     (d) Unless expressly agreed to by the Parties, Products for delivery in Canada are quoted Ex Works, using King Living’s or manufacturer's standard methods for packaging and shipping the Products.
     (e) Unless expressly agreed to by the Parties, deliveries outside of Canada are quoted FOB at the port of departure (which could vary depending on the location of the Products, and will be advised). You are responsible for collecting the Products from the specified port, and for transporting the Products to the final destination.  
     (f) You are responsible for ensuring that the correct delivery address details are provided to us. 
     (g) You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow the delivery of the Products. You may be required to sign an access check prior to delivery. It is your responsibility to ensure that all access points, including doorways, stairwells, and goods lifts are able to accommodate the size of the Products. You must notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases and narrow passages). Delivery that involves multi-level staircases will be charged at an hourly rate per person required. Any additional costs in relation to access into the premises at the delivery address are your responsibility.  
     (h) We do not arrange any special deliveries involving cranes or access via a balcony or council or other permits that might be required to complete delivery. You are responsible for arranging, organising and paying for these permits and services. 
     (i) Products will only be delivered if:
         (i) a person aged over 18 years and who is able to accept delivery at the delivery address is present at the time of delivery; and
         (ii) there is adequate access and entry at the delivery address, including space available to lay out the Products. 
         (j) If there is no suitable person who can accept delivery or if there is no space available to lay out the Products at the delivery address or if it is otherwise not possible for the Products to be delivered into the premises then the Products will be returned to our warehouse and you will be charged for transport and re--delivery costs. 
     (k) We cannot deliver to PO boxes.

10.2 The Delivery Period is 21 days after the Estimated Delivery Date.

10.3 If you do not accept delivery or collect your Products within the Delivery Period, then immediately on expiry of the Delivery Period, King Living will:
     (a) if you have paid the full purchase price, require that you arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery, storage and associated charges. If King Living delivers your order to a storage facility of your choosing, King Living relinquishes all liability for the order. King Living may assist you with arranging a storage facility. (Refer to Storage Options, above);
     (b) if you have not paid the full purchase price or if you do not attend to the matters in (a) above, rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances:
         (i) you agree to forfeit the deposit paid and you agree that this represents a genuine pre-estimate of our loss as a result of termination of this agreement and/or your failure to accept delivery; and
         (ii) you will have no further claim to the Products; and
         (iii) King Living may in its sole discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited. 

 

11 CONDITIONS FOR ORDERS WITHOUT A DELIVERY DATE

11.1 If 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 subject to your strict compliance with the following conditions: 
     (a) within 6 weeks of receipt by King Living of your 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, you may not make any changes to your order.  When an estimated delivery date is advised to you, clause 10 (Delivery) and clause 15 (Cancellation of an Order) will apply to the delivery and cancellation of the order.  

11.2 If you do not comply with the conditions in clause 11.1(a) above or you choose to cancel your order in circumstances where no estimated delivery date has been set pursuant to clause 11.1(a) , King Living will rescind these Terms for sale of the Products by notice to you 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 up to $500 of the deposit 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 customer made the initial deposit; and
     (c) will have no further claim to the Products.  

 

12 COLLECTION

12.1 If you select the option to collect the Products then, on King Living’s receipt of your full payment, you are responsible for the collection of the items from the warehouse or other nominated point of collection specified by King Living within the timeframe stated on the invoice.

12.2 At the time of collection you agree to present any proof of identity and purchase as reasonably requested by King Living staff in order to verify your identity and your purchase. 

 

13 INSTALLATION

13.1 If you arrange for King Living to install your Product/s, installation charges may apply. Installation charges may vary based on the Product ordered and volume of the order. The installation site at the delivery address must be clear and free from obstruction. You must notify us prior to the delivery date if there will be any other trades involved in the installation.

13.2 We do not install Products delivered outside of the metro area of a city where King Living has a showroom unless by prior arrangement. 

 

14 INSPECTION

14.1 If you have arranged to collect the Products from King Living’s depot, you may inspect your Products 48 hours before collection.  If you exercise this option, you will be required to note any damage and/or non-conformity on the documentation which is provided to you upon inspection.  To the fullest extent permitted by law, unless notified within the time specified above, the Products and their condition are deemed to have been delivered and accepted.

14.2 If King Living is delivering the Products to the delivery address, you or the End Customer are required to inspect the Products upon delivery. The entity taking delivery at the delivery address will be required to note any damage and/or non-conformity on the delivery documentation which is presented by the carrier for signature.  

14.3 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, contact us using the Contact Details at the end of these Terms.

14.4 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. To the fullest extent permitted by law, unless we receive notification of a claim within the time and in the manner specified above, the Products and their condition are deemed to have been delivered and accepted.

14.5 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.

 

15 CANCELLATION OF AN ORDER

15.1 Please choose Products carefully. 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.

15.2 If you cancel your order and if the manufacture of your Products has not commenced, then: 
     (a) King Living will rescind the contract for sale of the Products by notice to you;
     (b) you agree to forfeit up to $500 from the deposit paid in payment for King Living’s administrative costs and expenses incurred in handling and cancelling the order, and 
     (c) you agree 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.

15.3 If you cancel your order after the manufacture of your Products has commenced, then:
     (a) King Living will rescind the contract for sale of the Products by notice to you; 
     (b) you agree to forfeit the full deposit amount paid, and you agree that this represents a genuine pre-estimate of our loss as a result of your cancellation of the order;
     (c) will have no further claim to the Products; and
     (d) 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.

 

16 DELAY

16.1 King Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond King Living’s reasonable control, except to the extent that the delay was caused by King Living’s negligent act or omission.

16.2 We will use reasonable endeavours to meet the estimated delivery date. King Living’s liability (if any) for any late delivery is limited at its option to resupplying the Products at a different time.

16.3 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.  

16.4 In this paragraph: 
     (a) Force Majeure Event means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans or other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond King Living’s control and that King Living could not reasonably have been expected to know 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. 

 

17 PRODUCT VARIATIONS AND SPECIFICATIONS

17.1 Your Product may exhibit different characteristics to the sample in the King Living showroom or images on the King Living website. Please note that 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, which vary from product to product. Photographs, drawings, illustrations or other descriptions or particulars of the Products issued by King Living in any form are for illustrative purposes only and do not form part of these Terms

17.2 To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to King Living’s best judgment to improve the design of the Product where these changes are limited to the internal changes to the Products and are not material or noticeable.

 

18 CLEARANCE PRODUCTS

18.1 Separate terms and conditions of sale apply to Clearance Products. These Terms do not apply to the sale of Clearance Products.

 

19 CONTRACTING PARTIES; ACKNOWLEDGEMENT

19.1 If you place an order with King Living for the purchase of Products for your End Customer then you, the King Trade Member, acknowledge and agree that:
     (a) the agreement is made between King Living and you, the King Trade Member; For the avoidance of doubt, there is no agreement between King Living and the End Customer;  
     (b) the King Trade Member must act as the primary contracting entity in all dealings with King Furniture with respect to that order; 
     (c) the End Customer is not a customer of King Living with respect to a Product which is ordered and/or purchased by the King Trade Member; and
     (d) the King Trade Member, in purchasing Products from King Living, is primarily liable and is not acting as the agent of the End Customer.

19.2 If you purchase the Products for your own personal use (Personal Products), you agree that: 
     (a) these Terms will not apply to your purchase of the Personal Products other than to the extent that your trade discount will apply towards the purchase of those products only; and 
     (b) the terms and conditions of sale for retail clients will apply to your purchase of those Personal Products.  

 

20 WARRANTIES

20.1 Orders processed by King Living cannot be amended so you must ensure that you have the correct information at the time of order placement.  If you place an order with King Living for the purchase of Products for your End Customer, King Living is not liable for any dissatisfaction or rejection of any Products by the End Customer due to the selection of Products by the King Trade Member.

20.2 Subject to clause 2.4, if you purchase a Product for on-sale to your End Customer and if that Product is covered by King’s warranty then King Living will honour that warranty if a warranty claim is made by the End Customer, provided:
     (a) you reasonably cooperate with King Living for the purposes of processing the warranty claim; and
     (b) all other requirements for claiming the warranty are satisfied.

20.3 You warrant to King Living that: 
     (a) the information provided by you (including the selection of Products) in each order placed by you for the purchase of Products, is true, accurate and correct at the time of completion; and 
     (b) all responses in the Discount Application Form, where you apply for a trade discount with King Living through submission of a Discount Application Form or any similar document, are true, accurate and correct at the time of completion and remain so at the time when you claim the discount; and
     (c) you have correctly nominated the type of location (whether it be commercial or retail) into which the Products are being delivered and the purpose of usage of the Products by your End Customer.  

20.4 The scope of the King Warranty depends upon whether you purchase the Product for Personal Use or Commercial Use, as defined in the King Warranty. The terms of the King Warranty are separately published on our website.

20.5 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.

20.6 To the extent permitted by law: 
     (a) King Living will not 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;  
     (b) King Living will not be responsible for ensuring that the Products are suitable for a particular purpose unless that has been accepted in writing by King Living; 
     (c) Unless Products are faulty, we are unable to refund, exchange or credit. your account.   

 

21 SPARE PARTS

21.1 King Living offers a range of spare parts and associated repair services which may be available for purchase by you after the Product is supplied to you. Our ability to supply spare parts is not guaranteed and, in all cases, will depend on the availability of such parts and suitably qualified service technicians.

21.2 Spare parts and associated repair services may also (in our discretion) be available for purchase by the owner of a King Living Product who did not purchase that Product directly from King Living.

21.3 If you are interested in purchasing repairs or spare parts for a King Living Product, please contact King Living Customer Service for more details. Contact details at the end of these Terms. 

 

22 LIMITATION OF LIABILITY

22.1 TO THE FULL EXTENT PERMITTED BY LAW, ALL 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 OR THE END-CUSTOMER’S USE OR MISUSE OF THE PRODUCTS;  
     (d) ANY ACT, OMISSION OR NEGLIGENCE BY YOU, YOUR AGENTS OR REPRESENTATIVES OR THE END-CUSTOMER; 
     (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.

22.2 TO THE FULL EXTENT PERMITTED BY LAW, WHERE KING LIVING’S LIABILITY CANNOT BE EXCLUDED, 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, AT THE OPTION OF KING LIVING: 
     (a) THE REPLACEMENT OF THE PRODUCTS; 
     (b) THE REPAIR OF THE PRODUCTS; 
     (c) THE PAYMENT OF THE COST OF REPLACING THE PRODUCTS OR ACQUIRING EQUIVALENT PRODUCTS; OR  
     (d) THE PAYMENT OF THE COST OF HAVING THE PRODUCTS REPAIRED.

22.3 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.

22.4 NOTHING CONTAINED IN THESE TERMS SHALL BE CONSTRUED SO AS TO LIMIT OR EXCLUDE THE LIABILITY OF KING LIVING FOR DEATH OR PERSONAL INJURY AS A RESULT OF KING LIVING’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS.

 

23 INTELLECTUAL PROPERTY

23.1 Nothing in this agreement grants you rights in our intellectual property. You acknowledge that all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions, trade marks and registered designs remain the property of King Living.

23.2 You will not knowingly allow a Product to be reverse engineered, pirated or copied or our intellectual property rights to be breached in any manner.  King Living may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of our intellectual property rights. 

 

24 INDEMNITY

24.1 To the full extent permitted by law, you will indemnify and keep indemnified King Living from and against all claims, liability, loss, or damage King Living may sustain which arises from or in connection with any act or omission by you which is a breach of these Terms or a claim by a third party arising from your act or omission, including where you selected Products on behalf of an End Customer and the End Customer rejects the Product in whole or in part. 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.

 

25 PRIVACY

25.1 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.

25.2 King Living’s Privacy Policy for Canada is available for view here.

 

26 ELECTRONIC DIRECT MARKETING

26.1 King Living requires the ability to send Electronic Direct Marketing communications (like emails, text messages and similar) (EDM) to King Trade Members.

26.2 In consideration for receiving the Benefits of being a King Trade Member, you consent to receive EDM from King Living. If you withdraw that consent or opt out of EDM then you may no longer qualify to be a King Trade Member and King Living reserves the right, in its absolute and unfettered discretion, to terminate your membership of the King Trade Program, and to cease providing the Benefits to you.

 

27 TERMINATION

27.1 Without limiting King Living’s other rights or remedies, King Living may terminate these Terms with immediate effect by giving written notice to you if:
     (a) you commit a material breach of these Terms and (if such a breach is remediable) you fail to remedy that breach within 10 days after being notified in writing to do so;
     (b) you take any step or action in connection with: entering administration, provisional liquidation or any composition or arrangement with creditors (other than in relation to a solvent restructuring); being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring); having a receiver appointed to any of your assets; or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
     (c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
     (d) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these Terms has been placed in jeopardy; or
     (e) your action or behaviour in any communication with King Living is abusive threatening or offensive.

27.2 Without limiting its other rights or remedies, King Living may suspend provision of the Products under these Terms or any other contract between you and King Living if you become subject to any of the events listed above, or King Living reasonably believes that you are about to become subject to any of them, or if you fail to pay any amount due under these Terms on the due date for payment.

27.3 Without limiting its other rights or remedies, King Living may terminate these Terms with immediate effect by giving written notice to you if you fail to pay any amount due under these Terms on the due date for payment and remain in default more than 14 days after being notified in writing to make such payment.

27.4 On termination of these Terms for any reason you shall immediately pay to King Living all of King Living’s outstanding unpaid invoices and interest.

27.5 Termination of these Terms shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of these Terms that existed at or before the date of termination.

27.6 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

 

28 GENERAL 

28.1 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 and supersedes and extinguishes all previous terms, agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.  Each party agrees that it shall have no remedy in respect of any statement, representation, assurance or warranty that is not set out in these Terms.

28.2 King Living may assign or transfer any of its rights under these Terms to any other person by giving written notice to you. You may not assign or transfer any of your rights or obligations under these Terms to any other person. 

28.3 If any part of these Terms is found to be void, invalid, illegal or otherwise unenforceable, then that part of the Terms 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.

28.4 No amendment to or modification of these Terms shall be effective unless it is in writing identified as an amendment to these terms and authorised by King Living.

28.5 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

28.6 No entity other than King Living and the King Trade Member has the right to enforce these Terms.

28.7 We reserve the right to revise these terms from time to time at our discretion. If we make substantial changes we will use reasonable efforts to inform you. If you purchase Products from us and receive a trade discount, you will be deemed to have accepted the revised terms in their entirety.

 

29 GOVERNING LAW

29.1 This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any conflict of law provision, principle or rule (whether of the Province of British Columbia or any other jurisdiction).

29.2 Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to these Terms, including all hyperlinks, attachments, the goods and services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Province of British Columbia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation, or proceeding.

 

30 CONTACT

For further information about the King Trade Membership Program, please contact 

trade@kingliving.com
www.kingliving.ca

For King Living Customer Service, contact us or use our live chat feature.