Terms of service

Website & online purchasing terms of use

1. Welcome to the E-Commerce website of King Trim Upholstery Pty Ltd (King Trim Upholstery and Living ) ABN 24 627 073 545

2. By accessing, browsing or using this website (Site), you agree to be bound by these terms, conditions and disclaimers as amended from time to time (Terms of Use). Please read these Terms of Use carefully before using this Site.

3. These Terms of Use are in addition to any other terms and conditions that apply to the sale of Goods or provision of services by King Trim Upholstery and Living. If you do not agree to be bound by these Terms of Use, then please immediately discontinue your use of the Site.

4. King Trim Upholstery and Living may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

Online Discounts

5. King Trim Upholstery and Living may offer online discounts from time to time on www.kingtrim.com.au. Online discounts will not be available to trade accounts.

Price

6. Prices quoted for the supply of Goods are in Australian Dollars (AUD) and include GST and any other taxes or duties imposed on or in relation to the Goods, when supplied and delivered within Australia.

7. Prices displayed online are subject to change.

8. If you request any variation to an order placed online (Order), King Trim Upholstery and Living may increase the price to account for the variation.

9. Where there is any change in the costs incurred by King Trim Upholstery and Living in relation to the Goods, King Trim Upholstery and Living may vary its price to take account of any such change, by notifying you in writing.

10. If King Trim Upholstery and Living discovers an error in pricing that appears online, and which has been applied to your Order, King Trim Upholstery and Living will inform you in writing within two business days of identifying the pricing error.

11. When there is a change to price under Clause 9 or 10, and written notice is provided by King Trim Upholstery and Living to you, you may:
a. Agree to purchase the Goods at the revised price; or
b. Cancel the order insofar as it relates to the Goods subject to the proposed price change and receive a refund.

Acceptance of order

12. Any order placed online is accepted by King Trim Upholstery and Living when you receive a confirmation email from King Trim Upholstery and Living.

13. Once an order is accepted by King Trim Upholstery and Living, any returns and refunds will be dealt with according to our returns and refunds policy.

14. If you are a consumer nothing in these Terms of Use restricts, limits or modifies your rights or remedies against King Trim Upholstery and Living for failure of a statutory guarantee under the ACL.

Availability of goods

15. Any period or date for delivery of Goods stated by King Trim Upholstery and Living is an estimate only and not a contractual commitment.

16. King Trim Upholstery and Living will use its reasonable endeavours to meet any estimated dates for delivery of the Goods but will not be liable for any loss or damage suffered by you for failure to meet any estimated date.

17. Where King Trim Upholstery and Living reasonably believe an Order will take more than 14 days it will notify you in writing and provide an estimated delivery time.

Privacy

18. King Trim Upholstery and Living may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to King Trim Upholstery and Living ‘ Privacy Policy. Your continued use of the Site and the provision of your personal information constitutes your approval for King Trim Upholstery and Living to deal with your personal information in accordance with these Terms of Use.

Disclaimer

19. King Trim Upholstery and Living does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by King Trim Upholstery and Living in good faith on an “as is” basis without warranty of any kind.

20. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, more complete or more timely sources of information.

21. The Site may contain historical Information that is not current and is provided for reference purposes only.

22. The Information does not constitute professional advice or advice about the suitability of its products for your or any circumstances.

23. King Trim Upholstery and Living does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.

24. King Trim Upholstery and Living reserves the right to vary or modify the Information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

25. King Trim Upholstery and Living makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus and similar checks on any Information downloaded.

26. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the extent permitted by law.

27. King Trim Upholstery and Living reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.

28. King Trim Upholstery and Living will use reasonable endeavours to ensure that the Site is available continuously, however, King Trim Upholstery and Living does not guarantee that access to the Site will be continuous or uninterrupted.

Limitation of liability

29. King Trim Upholstery and Living will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information on this Site or the selection of Goods or services referred to on it. Under no circumstances will King Trim Upholstery and Living be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, King Trim Upholstery and Living will not be liable for those costs.

30. Where liability cannot be excluded, to the extent permitted by law any liability incurred by King Trim Upholstery and Living is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

Links to other sites

31. You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by King Trim Upholstery and Living, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites). The Linked Sites may have different terms of use.

32. Unless otherwise specified, the Third-Party Linked Sites are not under King Trim Upholstery and Living ‘ control. The Third-Party Linked Sites may have different terms of use and may be subject to different laws. King Trim Upholstery and Living is not responsible for the content of any Third-Party Linked Sites, or any changes or updates to such sites. King Trim Upholstery and Living provides these links for your convenience only. You link to any such Third-Party Linked Sites at your own risk. King Trim Upholstery and Living is not a party to any transaction between you and a Third Party Linked Site. Unless specified, King Trim Upholstery and Living does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third-Party Linked Sites.

Intellectual property

33. The copyright in the content of this Site is owned by King Trim Upholstery and King Trim Living. All rights reserved.

34. You acknowledge and agree that all content, coding, graphics, images, animations, and Information available on this Site is protected by copyright, trademark or other intellectual property rights and laws.

35. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without King Trim Upholstery and Living ‘ prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.

36. You expressly acknowledge that your use of the Site does not result in you gaining any right, title or interest to the Information or any other aspect of the Site.

37. Commercial use of the Site and the Information is expressly prohibited.

38. All trademarks and trade names which appear on this Site are proprietary to King Trim Upholstery and Living and/or its affiliates. Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.

Spam

39. Any publication of King Trim Upholstery and Living ‘ email addresses on this Site is to facilitate communications relating to the Goods and services supplied by King Trim Upholstery and Living. It must not be inferred as consent by King Trim Upholstery and Living to receive unsolicited commercial electronic messages.

Miscellaneous

40. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

41. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.

42. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and the remaining part of the provision) are valid and enforceable.

43. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.

44. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.