INTRODUCTION: SELLER'S IDENTITY AND CONTACT INFORMATION

Kipli SAS is a simplified joint-stock company with a share capital of 179,400 euros, with its registered office at 15 Rue Beautreillis, 75004 Paris, registered with the Paris Trade and Companies Register (RCS) under number 841 674 302 (SIRET 84167430200051), with VAT identification number FR 10 841 674 302, which publishes and operates the website https://www.kipli.com/.
You can contact SAS Kipli (Kipli SAS, Customer Service Department, 15 Rue Beautreillis, 75004 Paris) by phone (+34919010175) or by email (help@kipli.com).

ARTICLE 1: GENERAL PROVISIONS

1.1 Purpose of the General Terms and Conditions of Sale (the "Terms") and the domain.

The purpose of these Terms and Conditions is to define the terms of sale between Kipli SAS and any adult natural person (18 years of age or older) who possesses full legal capacity to act on their own behalf as a consumer (hereinafter referred to as “the customer(s)”) to place orders (hereinafter referred to as “the order(s)”) via the website
These terms and conditions do not apply to the provision of services or the sale of products by other entities of Kipli SAS that may be present on the website via links, banners, or other hyperlinks. Under no circumstances is Kipli SAS responsible for the provision of services or the sale of products by third parties, nor for the conclusion of e-commerce transactions between customers or users of the website and third parties.

1.2 Availability and Application of the Terms and Conditions

The Terms and Conditions are available to customers on the website’s homepage under the “Terms and Conditions” link. SAS Kipli may also provide the Terms and Conditions upon request by phone, email, or regular mail.
All orders placed through the website are subject to these Terms and Conditions in their entirety.
The Customer must accept the Terms and Conditions by checking the box provided for this purpose after reading and approving them. By doing so, the Customer also warrants that he or she possesses full legal capacity with regard to age (18 years) before definitively confirming his or her Order.

1.3 Changes to the Terms and Conditions

Kipli SAS reserves the right to amend or modify these Terms and Conditions at any time.
In the event of a change to the General Terms and Conditions of Sale (GTCS), the terms and conditions published on the website at the time the order is placed shall apply.

ARTICLE 2: THE CUSTOMER

The Customer warrants that he or she is 18 years of age or older and is presumed to have the legal capacity or the consent of his or her parents or legal guardians to place an order on this website.
When registering the Customer’s personal data, the accuracy and completeness of the required registered information must be guaranteed.
The Customer agrees not to resell the purchased items within the meaning of Article L.110-1 of the Code de Commerce (French law) and declares that the Order is not directly related to any professional activity and is strictly limited to personal use.

ARTICLE 3: THE WEBSITE

3.1 Access to the Website

Access to the website is free and unlimited. Any connection fees and/or Internet access fees are the customer’s responsibility. Kipli SAS makes every effort to ensure the website’s accessibility, though it is under no obligation to do so. Access to the website may be interrupted for maintenance, updates, or any other technical reason. Kipli SAS accepts no liability at any time for technical malfunctions or their consequences.

3.2 Evidence

Unless proven otherwise, the data recorded by Kipli SAS constitutes proof of all transactions between Kipli SAS Shadow and its customers.

ARTICLE 4: PRODUCTS

4.1 Product Description

The products offered for sale are described on the Website (hereinafter referred to as “the product” or “the products”). Kipli SAS takes great care in the presentation and description of these products to provide customers with all necessary information so that they are well-informed about the basic characteristics of each product before placing an order.
For technical reasons (related to photography or IT), the actual appearance of the product may differ slightly from the photos displayed on the website. If you have any questions or require additional information, please feel free to contact our Customer Service via email at help@kipli.com.

4.2 Conformity

These products comply with applicable health and safety requirements, fair trade standards, and consumer protection regulations at the time they are placed on the market.

4.3 Product Availability

Offers are valid, unless a specific duration is stated, as long as they are visible on the website, subject to stock availability.
Sales are subject to the actual availability of the product.
If the purchased product is no longer available for any reason, despite the receipt of an order confirmation, Kipli SAS will promptly inform the customer of the revised delivery time.
The customer may confirm the Order or cancel the Order and request a refund of any amount paid in advance. It has been agreed that, in the event the product becomes unavailable, the customer may request a refund of any advance payment within 14 days of receiving the notification.
If a refund of the product price does not apply, Kipli SAS is not obligated to pay any compensation for cancellation, unless the breach of contract is directly attributable to Kipli SAS. When an Order includes multiple products, the products that are available will be shipped.

ARTICLE 5: Product Prices

5.1 Sales Price

The product’s selling price is the price in effect on the day the Order is placed.
The prices listed on the website are in euros, including VAT and shipping and delivery costs for Spain, France, Belgium, and Luxembourg. Only shipments to the Canary Islands are subject to an additional surcharge. The prices in the catalog are subject to change and shall be considered valid until the end of the contractual period. Any additional costs, such as customs duties, levies, and/or taxes applicable under the laws of the country to which the goods are shipped, are entirely the responsibility of the customer, who agrees to pay them directly to the tax authority, customs, or postal service.
Regarding deliveries to other geographic areas: Unfortunately, Kipli is unable to deliver to Andorra. A surcharge applies to certain delivery locations: €50.00 for Switzerland and Corsica, and €40.00 for the Canary Islands.
The total amount paid by the Customer is displayed on the order confirmation page. If promotions are displayed on the website, Kipli SAS agrees to apply the promotional price shown on the website to any order placed during the period of the promotion advertised on the website.

5.2 Price Changes

Kipli SAS reserves the right to change product prices at any time, while guaranteeing that the price in effect on the Order Date will still apply.

ARTICLE 6: ORDERING PROCESS

6.1 Phases of Contract Execution

Ordering on the website is subject to procedures established by Kipli SAS through a series of steps that the customer must follow to confirm their order.
To place an order via the website, the customer must click on the product of their choice on the webpage, select the desired size and quantity, and then click the “Add to Cart” icon to place the product in the shopping cart. The customer can add as many products to the shopping cart as they wish.
Before confirming their order, the customer has the opportunity to review their shopping cart to see an overview of their order. The products are listed with their descriptions and prices. The customer can check the total cost, including shipping fees (standard shipping is free within Spain), and the total amount of their order.
The customer also has the option, prior to confirming their order, to return to previous pages to correct any errors and/or modify their order, and then confirm their acceptance of our Terms and Conditions.
The customer must read and agree to these Terms and Conditions in order to definitively confirm their order.
The customer can confirm their order by clicking on “Confirm My Order.” To confirm the order, payment must be made. Upon completion of the payment, a contract is formed between the Customer and Kipli SAS (the “Agreement”).
An email confirming receipt of the order and payment will be sent to the Customer as soon as possible to the email address provided by the Customer when placing the order.

6.2 Refusal of Orders for Legitimate Reasons

Kipli SAS reserves the right to refuse an order that is unusual, deemed to have been placed in bad faith, or for any other legitimate reason, particularly when the quantities of the ordered products are deemed abnormally high in relation to the level of customer service provided to the buyer or when there is a dispute with a customer regarding a previous order.

6.3 Changes to the Order

Any changes made by the customer to the Order after the Order Confirmation has been sent are subject to the express approval of Kipli SAS.

ARTICLE 7: PAYMENT METHODS

7.1 Payment Methods

Payment for the goods can be made by credit card, PayPal, or bank transfer. The customer authorizes and agrees that, once the order is placed, Kipli SAS will proceed to charge the specified amount, as the required authorization has been granted to charge the contracted amount to the provided payment card or account.

7.2 Data

Debit or credit card information transmitted during a purchase is sent directly to the payment service provider—such as a bank or financial institution—and not to the merchant. As a result, the merchant is unable to store payment information provided by the customer, which is sent directly to the financial institution that manages the payment services.

7.3 Payment by Bank Transfer

When paying by bank transfer, the seller will not ship the order until payment has been received, including a copy of the bank transfer, which the customer must email to: help@kipli.com, specifying the order number and the buyer's name.

7.4 Payment in 3 Installments

Payment in three (3) installments by credit card is offered to customers for the purchase of one or more products with a minimum value of €100, provided that the customer does not already have two (2) active orders that are subject to the 3-installment payment plan.
The first installment is charged at the time of purchase to set up the payment method and covers one-third of the order value. The second installment is charged 30 days after the customer places the order and corresponds to one-third of the total purchase price. The final installment is due 60 days after the order is placed (the remaining one-third of the total). For example: for an order total of €1,200, the first payment is €400, followed by two (2) more installments of €400 each.
In the event that a payment is not made, the subsequent installments will be canceled, and the remaining balance will be due in full. If the customer decides to exercise their right to cancel the order, Kipli SAS will refund the total amount paid.
If an item is unavailable in an order consisting of multiple products, the subsequent installments will be automatically adjusted.
When returning an item from a purchase of multiple products, the subsequent payment installments are automatically adjusted.
If the customer’s credit card expires before the date of the third payment installment plus 7 days, the order will be declined by Kipli SAS.

7.6 Property Rights

Kipli SAS retains ownership of the products sold until full payment has been received, and the customer agrees to take good care of the delivered products as long as the customer does not have full ownership of the goods.

ARTICLE 8: DELIVERY

8.1 Payment and Delivery

Kipli SAS offers its customers in Spain, France, Belgium, and Luxembourg “standard” shipping with an estimated delivery time of ten (10) to fifteen (15) business days from the time the customer places the order. The shipping company will contact the customer via email or text message with a link containing the delivery details. The customer must be present on the delivery date, as the shipping company cannot specify an exact time.
For orders outside of Spain, France, Belgium, and Luxembourg, the delivery time is indicated during the ordering process, prior to order confirmation, and may vary depending on the products ordered, the destination country, and the delivery method selected by the customer.
Limited to cases where the buyer is a consumer, the delivery of products must not take longer than 30 days from the date of the order confirmation. If delivery has not been made within 30 days, the customer may request that the seller complete the delivery within a new, reasonable timeframe. The customer is not required to set these additional timeframes in the following situations:
– Kipli SAS has expressly refused to deliver the goods, or;
– If the customer informed Kipli SAS, prior to the conclusion of the contract, that compliance with the delivery deadline agreed upon by the parties is considered essential.
If delivery proves impossible, the Customer has the right to terminate this Agreement.

8.2 Shipping Address

Goods are delivered exclusively to countries within the European Union.
Delivery will be made to the address provided by the customer at the time of placing the order and is at the customer’s risk.
Information provided by the Customer at the time of placing the order binds the Customer to this responsibility.
Kipli SAS is released from any liability for defects or delays in delivery if the Customer has failed to fulfill their contractual obligations, as a result of an unforeseeable event caused by a third party, or in the event of Force Majeure with respect to the contract. If the customer provides an incorrect or incomplete address, this is also considered a breach, as is the customer’s absence to receive the order on the specified date, or the customer’s absence at the time of delivery. In such cases, the costs of returning the goods shall be borne by the customer.

8.3 Receipt of Products by the Customer

Delivery is deemed to have been completed as soon as the shipping company makes the Products available to the Customer or a designated third party, as evidenced by the shipping company’s tracking systems. Unless evidence to the contrary is provided, the actual delivery cannot be disputed if the package is recorded as delivered in the shipping company’s computer systems.

8.4 Malfunctions, Damage, Damaged Packaging

Customers are strongly advised (although this is not mandatory) to notify the shipping company at the time of delivery of any issues regarding the packaging and, if applicable, the type of product (e.g., opened packages) and, ultimately, if the customer refuses to accept the products, to contact Kipli SAS.
Any claims for damage or partial loss must in any case be reported as soon as possible—no later than three (3) days after receipt of the order—via email to Kipli SAS at: help@kipli.com or by mail with a return receipt requested, without prejudice to the customer’s right to file a claim against Kipli SAS, subject to the conditions and limitations established by law and governed by these Terms and Conditions.

8.5 Late Delivery

8.5.1 Information

If the shipment is delayed, the customer will receive an email with the relevant information regarding the proposed new delivery date.
Similarly, the customer is strongly advised to notify Kipli SAS Customer Service of any late or delayed delivery. Kipli SAS is responsible for contacting the relevant carrier to locate the package.

8.5.2 Termination of the Contract

In any case, the customer has the right to terminate the contract if the order has not been delivered by the date originally specified.
Exercising this right of termination is in accordance with the provisions of Article L.216-2 of the Consumer Code (under French law):
The customer must first contact Kipli SAS by certified letter with acknowledgment of receipt, addressed to: Kipli SAS, 15 Rue Beautreillis, 75004 Paris, or by email to the following address: help@kipli.com, to arrange for delivery within a later, reasonable timeframe.
If the products are not received within this second, extended period, the customer may cancel the order again under the same conditions as set forth above, i.e., by sending a new registered letter or an email notification.
The contract shall be deemed terminated upon receipt of such notification by mail or email by Kipli SAS.
However, the customer has the right to terminate the contract immediately if Kipli SAS refuses to deliver the order on the date initially communicated to the customer, provided that this date was specified by the customer as an essential condition of the contract. This condition must have been essential in light of the circumstances surrounding the conclusion of the contract or a specific request made by the customer prior to the conclusion of the contract.

8.6 Delivery and Transfer of Risk

The risk of loss or damage to the ordered products passes to the customer when the customer, or a designated third party, physically takes possession of the products, regardless of their function or type.
Products delivered to the customer via a carrier contracted by Kipli SAS are transported at the risk of Kipli SAS.
The risk of damage to the goods and/or products delivered to the customer by a carrier chosen by the customer is borne by the customer from the moment the goods are handed over by Kipli SAS to the carrier duly designated by the customer.

8.7 Transfer of Ownership

Ownership of the product transfers to the customer as of the delivery date, unless full payment has not yet been received, in accordance with Article 7.6 (French law).

Article 9: Legal Right to Cancellation and Return

9.1 Terms and Conditions Regarding the Right of Cancellation and Withdrawal

Art. 68.1 The right to rescind a contract lies with the buyer or user, who may thereby declare the contract null and void by notifying the other party within the permitted time limit for exercising such rights, without having to justify their decision and without being subject to any penalty. Clauses that impose a penalty on the buyer or user for exercising their right of withdrawal are considered null and void.
The buyer and/or user has a maximum period of fourteen calendar days to exercise their right of withdrawal. Provided that the seller has complied with the information and documentation requirements set forth in Article 69.1, the period mentioned in the preceding paragraph is calculated from the receipt of the goods covered by the contract or, if the subject matter of the contract was the provision of services, from the conclusion of the contract. If the seller has not complied with the information and documentation requirements regarding the right of withdrawal, the period for exercising this right ends twelve months after the expiration of the initial withdrawal period, which begins upon delivery of the contracted goods or upon the conclusion of the contract, if the subject matter of the contract was the provision of services. If the obligation to provide information and documentation is fulfilled during the aforementioned twelve-month period, the statutory period for exercising the right of withdrawal begins to run from that moment.
To determine whether the withdrawal period has been observed, the date of dispatch of the notice of withdrawal is taken as the basis.

For Mattresses:
Without limiting the statutory right of withdrawal, the customer has the right to return the mattress (standard sizes only) within 100 nights of the delivery date if they are not satisfied with their purchase, and Kipli SAS will refund the purchase price. A return is possible provided the products are not damaged or worn. Kipli is responsible for the return shipment.
This right of withdrawal does not apply to a buyer who has previously purchased a mattress and for whom Kipli SAS has already exercised this right of withdrawal.
The right of withdrawal applies to business entities when the following three strict conditions are met:

• The contract must have been entered into outside the business premises,
• the subject matter of the contract must not fall within the scope of the company's primary business,
• The number of employees at the company must be five or fewer.

9.2 Forms for Exercising the Right of Withdrawal and the Customer’s Obligations

9.2.1 The buyer may submit their declaration (the form attached to these terms and conditions) by sending a written notice via certified mail with return receipt requested or via PEC, including the product code of the ordered item. Alternatively, it is also possible to send an email to: help@kipli.com. However, this will only be considered valid if there is an immediate response from the seller’s email address. Otherwise, the seller accepts no responsibility for non-receipt or lack of communication resulting from the sending of a regular email.

9.2.2 The customer must return the item no later than fourteen (14) days after notifying the seller of their decision to cancel.

• Place the entire product to be returned, if possible, in its original packaging and, in any case, in secure, waterproof packaging;
• If possible, please include a copy of the purchase invoice or other details that will help identify the order;
• Return products using the carrier that contacted the Customer.
  Except in certain cases, the carrier is responsible for picking up the product. Please note that every second pickup attempt is considered a completed delivery, which may result in additional charges. In that case, Kipli SAS is required to recover these costs from the Customer.

9.2.3 The customer is responsible for any damage to the product resulting from improper use that is not appropriate for the type and specific characteristics of the product (or products).

9.3 Direct Costs for Returning Products

As a result of exercising the right of withdrawal, any direct costs associated with the return shipment are the customer's responsibility.

9.4 Consequences of Exercising the Statutory Right of Withdrawal

If the customer exercises their right of withdrawal, Kipli SAS will refund all amounts paid by the customer, including shipping costs (excluding any additional costs incurred because the customer chose a different or more expensive shipping method that exceeds the price of the standard shipping method offered by Kipli SAS).
Refunds of the amounts paid will be deposited into the bank account associated with the Order as soon as possible, but no later than fourteen (14) days after the date on which Kipli SAS was notified of the customer’s decision to withdraw and Kipli SAS has received all products scheduled for return.
A refund of the total amount paid to Kipli SAS will be issued once Kipli SAS has received all returned products for which the right of withdrawal has been exercised or once the customer has provided proof of shipment.

ARTICLE 10: PROTECTION OF PERSONAL DATA

10.1 Personal Data and Purposes of Use

Placing an order requires the customer to provide certain personal information (their name, email address, shipping/billing address) and other details relevant to payment, etc.
In general, the information collected by Kipli SAS is essential for fulfilling the customer’s order. If the customer does not fill in the required fields, Kipli SAS will be unable to meet their requirements.
This information is necessary for the performance of the contract and the management and follow-up of Kipli SAS’s commercial relationships with its customers, which is why the data is required.
This information and data may also be used by Kipli SAS for internal research purposes, in particular to enable Kipli SAS to improve the quality of its services so that it can consistently meet customer expectations.
The Customer may receive emails or text messages from Kipli SAS regarding offers for products or services similar to those they have previously purchased. The customer may decide at any time to opt out of receiving these messages in the future, at no cost, in accordance with the instructions provided in each communication.
Customers may, if they wish, opt out of receiving sales and marketing calls.

10.2 Recipients of Personal Data

Personal data is not used by third parties for commercial purposes. The database in which customer information is stored is not available for resale or commercial use by third parties.
All personal data collected is intended for use by Kipli SAS and may be shared on a confidential basis with service providers acting on behalf of Kipli SAS to facilitate the smooth fulfillment of the customer’s order.

10.3 Protection of Personal Data

Kipli SAS takes all necessary precautions and implements appropriate technical and organizational measures to ensure the privacy and security of customers' personal data, to prevent damage, and to prevent third parties from accessing this data.

10.4 Retention Period for Personal Data

Kipli SAS retains personal data for as long as necessary to carry out its activities in accordance with current regulations. For additional information, please see Section 7.

10.4.1 Bank Card Information

Bank card information submitted when making a purchase is transmitted directly to the payment service provider (a bank or financial institution) and not to the seller. As a result, the seller does not store any information regarding the payment method used by the customer, since this information is sent directly to the financial provider or third parties responsible for administering these payment services.

10.4.2 Other Customer Information (excluding bank cards)

Kipli SAS retains other customer data for the duration of the business relationship. Once the business relationship has ended, the customer’s personal data is retained in an archive for tax purposes for a period of five (5) years.
Kipli SAS may use visitor data to send offers for products or services that were not ordered for a period of three (3) years after the business relationship has ended.
Kipli SAS may retain customers’ personal data for analytical purposes or to compile statistical reports during the term of the business relationship. If Kipli SAS wishes to use this data for analysis or statistical reporting after the commercial relationship has ended, the data will be irreversibly anonymized by removing all personal data, including data that indirectly identifies a customer.

10.4.3 User Data / Non-Customers

The personal data of individuals who have registered on the website without placing an order (hereinafter “non-customers”) will be retained for a period of three (3) years from the date of the last contact with that potential customer, unless the account data has been deleted before then. In any case, the data will be deleted as soon as the account is archived.

10.5 Rights of access, correction, erasure, and objection to processing, as well as the right to establish specific guidelines regarding the retention, deletion, or disclosure of data after death.

In accordance with legal provisions, the customer has the right to access, review, modify, or delete their data, provided that Kipli SAS agrees, if necessary, to allow the customer to correct, update, block, or delete personal data that is inaccurate, incomplete, misleading, or outdated.
The customer also retains the right to object to the processing of their personal data for legitimate reasons and has the right to object to the use of this data for marketing purposes.
If the customer was a minor at the time their data was collected, they may request that Kipli SAS delete all of their personal data, in accordance with the law. Once it is determined that such requests comply with the law, Kipli SAS will delete the personal data in question without delay. If, under exceptional circumstances, Kipli SAS does not respond within one (1) month, or in the event of failure to comply with the request to delete the data, the customer may contact the CNIL, which will rule on this request within three (3) weeks of the date of receipt of the claim.
The customer has the right to define general and specific guidelines for the retention, deletion, and disclosure of personal data following their death. The customer is informed that (i) their guidelines may be modified or revoked at any time and that (ii) they are free to designate a person responsible for implementing these guidelines.
To protect our customers, Kipli SAS responds to requests regarding personal data only after the customer has been asked to verify their identity by providing a copy of their identification document, preferably in black and white. As a result of exercising the right of access or correction, the data relating to the provided identification documents will be retained for a period of one (1) year. As a result of exercising the right to object, this data may be archived for a period of three (3) years.
To exercise any of these rights, the Customer may submit a request by email to the following address: help@kipli.com or by sending a letter to: Kipli SAS, 15 Rue Beautreillis, 75004 Paris.

10.6 Cookies

A "cookie" is a small data file that is sent to the user's browser and stored on the user's device (such as their computer or smartphone); hereinafter referred to as "cookies." This file contains information such as the user's domain name, the user's Internet service provider, the user's operating system, and the date and time of access. Cookies do not damage the user’s device.
Kipli.com may process certain user information related to your visit to the website, such as pages viewed and searches performed. This information enables Kipli.com to improve the website’s content and the user’s navigation experience.
For more information, see the “Thank You” footnote, section 9.1.

ARTICLE 11: LIABILITY

Kipli SAS accepts no liability for cases of non-performance or improper performance of a contract, whether by the customer or as a result of an overwhelming and unexpected intervention by a third party in the contract, or in the event of Force Majeure.
Kipli SAS is under no circumstances liable for non-compliance of the product with any legislation other than EU laws.

ARTICLE 12: Intellectual Property

All elements of the site are and remain the exclusive property of Kipli SAS or the copyright holders who have granted Kipli SAS the right to use them.

Therefore, no content appearing or available on the website may be used, reproduced, or included in publications, broadcasts, or reproductions, in whole or in part, without the express prior written consent of Kipli SAS.

Any individual who wishes to post a direct link from their website to the home page of the Kipli website for their own personal use must first obtain permission from Kipli SAS. Under no circumstances shall permission be deemed to have been granted implicitly.

ARTICLE 13: WARRANTIES

13.1 The products offered on the website are covered by the statutory warranties provided for under EU law.

Act No. 23 of 2003, dated July 10, concerning warranties in the sale of consumer goods.

The purpose of this law includes Directive 1999/44/EC of the European Parliament and of the Council of May 25, 1999, on certain aspects of the sale of and guarantees for consumer goods.

The Directive establishes a series of measures aimed at ensuring a uniform minimum level of consumer protection within the framework of the internal markets in each of the Member States. To this end, it introduces the principle of conformity of goods under a contract and applies to contracts for the sale of consumer goods entered into between the seller and the buyer. The provisions of the directive are mandatory, in the sense that it is not possible to agree to clauses that exclude or limit the rights to which the consumer is entitled. Consequently, this law makes all rights recognized therein mandatory.

In accordance with the directive on which it is based, the Act contains two essential aspects: first, it establishes the legal framework for the warranty in relation to the rights recognized by the Act itself to ensure the conformity of the goods under the sales contract; and second, it sets forth the commercial warranties that may additionally be offered to the consumer. The purpose of the legal framework for the warranty is to provide the consumer with various options regarding the right to request repair when the purchased goods do not conform to the contract, and to give the customer the choice to request repair by replacing the goods in question, unless this is impossible or disproportionate. If repair or replacement is not possible or fails, the customer may demand a price reduction or rescission of the contract. There is a two-year period from the date of purchase during which the consumer may effectively exercise these rights (in the case of used goods, a shorter period of no less than one year may be agreed upon). This is supplemented by a three-year period, also counted from the date of purchase, so that the consumer may take appropriate legal action if necessary.

With regard to the commercial warranty offered by the seller or the manufacturer of the goods, it must place the consumer in a more favorable position than the rights already granted to consumers under this law. All commercial warranties must be clearly set forth in a written document that clearly outlines the essential aspects necessary for their application. Advertising regarding the warranty is deemed to be an integral part of the warranty terms and conditions.

The Directive has been added to the list contained in the annex to Directive 98/27/EC on injunctions for the protection of consumers’ interests, for which it was necessary to include an article to introduce injunctions against conduct that violates the provisions of this law.

The exchange rule has the force of law, as it affects both the system of imbalances in sales, as set forth in Article 1.484 and in accordance with the Civil Code, as well as the provisions governing commercial warranties contained in Article 11 of the General Law on the Protection of Consumers and Users and Article 12 of Law 7/1996 of January 15 on the Regulation of Retail Trade. Any amendments made thereto entail the creation of a specific regime applicable to civil sales contracts for consumer goods entered into between consumers and professional sellers. The provisions of the Civil Code governing the remedy of latent defects remain unchanged and apply to civil sales that do not fall within the scope of the Directive. The system set forth in the Law Regulating Retail Trade continues to apply with respect to aspects of a commercial warranty not covered by this law.

In short, the remedies required to repair and/or replace the items sold, reduce their price, and/or rescind the sale—as provided for by this law—replace, in the context of the sale of consumer goods, the prohibitory and “quanti minoris” remedies arising from claims based on latent defects, while compensatory remedies remain in place to protect the buyer.

As a result of such incidents, this law was enacted under the provisions of Article 149.1.6.ª and 8.ª of the Constitution, which grant the State exclusive authority in matters of commercial, procedural, and civil law.

13.2 General Principles

The seller is obligated to deliver goods to the consumer that comply with the sales contract under the conditions set forth in this Act.
For the purposes of this Act, sellers are the legal entities that, in the course of their professional activities, sell consumer goods. In this context, consumer goods are defined as tangible movable property intended for private use.
For the purposes of this Act, consumers are deemed to be defined as such in Act 26/1984 of July 19, entitled “General Protection for Consumers and Users (Customers).”

13.3 Scope of Application

The provisions of this law do not apply to goods acquired through a judicial sale, nor to water or gas when not packaged for sale in limited volumes or specific quantities, nor to electricity. Nor do they apply to secondhand goods acquired at an administrative auction that buyers may attend in person.

This law applies to contracts for the supply of consumer goods that are produced or manufactured.

13.4 Conformity of the Goods with the Contract

1. Unless proven otherwise, it is assumed that the goods delivered comply with the contract and meet all of the following requirements, unless, due to specific circumstances in individual cases, one of them does not apply:

(a) The goods conform to the description provided by the seller and are of the same good quality as any sample or model that the seller has presented to the buyer.

(b) That the goods are fit for the purpose for which goods of the same kind are normally intended.

(c) That the goods are suitable for any specific purpose required by the customer and of which the buyer has informed the seller at the time the contract was signed, provided that the seller has declared that the goods are suitable for such use.

(d) That the goods possess the normal quality and characteristics typical of goods of the same kind and that the consumer may reasonably expect, taking into account the nature of the goods and, where applicable, any advertising regarding specific characteristics of the goods made by the seller, the manufacturer, or their representatives, particularly with respect to advertising or labeling. The seller is not bound by such public statements if he can prove that he was not aware of, or could not reasonably have been expected to be aware of, the statement in question; that the statement had been corrected by the time the contract was concluded; or that the statement could not have influenced the decision to purchase the consumer goods in question.

1. A lack of conformity resulting from the improper installation of the goods is treated as a lack of conformity of the goods themselves when the installation is included in the sales contract and was performed by the seller or under the seller’s responsibility, or by the consumer when the improper installation is due to an error in the assembly instructions.
2. There is no liability for a lack of conformity of the goods of which the consumer was aware at the time the contract was concluded or of which the consumer could not reasonably have been unaware, or that stems from materials supplied by the consumer.

13.5 Seller's Liability and Consumer Rights

The seller must respond to the buyer regarding any lack of conformity that is apparent at the time of delivery of the goods. Under the terms of this law, the consumer is entitled to have the goods repaired, replaced, to receive a price reduction, or to terminate the contract.

Any prior waiver of rights granted to consumers under this law is null and void, and any fraudulent acts committed in violation of this law are, in accordance with Article 6 of the Civil Code, also null and void.

13.6 Repair and/or Replacement of the Goods

1. If the goods did not conform to the contract, the consumer may choose between requesting repair or replacement of the goods, unless one of these options is impossible or disproportionate. Once the consumer notifies the seller of his or her decision, both parties must abide by it. The consumer’s decision is deemed to have been made without prejudice to the provisions of the following article regarding cases in which repair or replacement fails to improve the quality of the goods so that they subsequently comply with the contract.
2. Any form of remedy that imposes costs on the seller that, compared to other forms of remedy, are unreasonable, taking into account the value the goods would have if they were in conformity and/or if the significance of this lack of conformity were considered disproportionate and/or if the alternative form of remedy could be carried out without causing significant inconvenience to the consumer.

13.7 Rules for the Repair or Replacement of the Goods

Repair and/or replacement of the goods shall comply with the following requirements:

(a) They are free of charge to the consumer, and this must include all necessary costs incurred to remedy the defect(s) in the goods delivered under the contract, including, in particular, any shipping costs, as well as costs related to labor and materials.

(b) These must be carried out within a reasonable time and without significant inconvenience to the customer, taking into account the nature of the goods and the purpose for which they were purchased by the consumer.

(c) Repairs suspend the calculation of the time limits referred to in Article 9 of this Act. The period of suspension begins when the consumer makes the goods available to the seller and ends upon delivery of the repaired goods to the consumer. For a period of six months after the repaired goods have been delivered, the seller is liable for the lack of conformity that gave rise to the repair, provided that it is presumed to be the same lack of conformity if defects of the same origin as those that initially manifested themselves reappear in the goods.

(d) Replacement suspends the time limits set forth in Article 9 with respect to the exercise of the option until the new, replacement goods are delivered. In any event, the second paragraph of Article 9.1 applies to the replacement goods.

(e) If the repair has been completed and the goods have been delivered but still do not conform to the contract, the buyer has the right to demand that the goods be replaced, within the parameters set forth in Section 2 of Article 5, or that the price be reduced or the contract be terminated in accordance with the terms of Articles 7 and 8 of this Act.

(f) If, after replacement, the goods do not conform to the contract, the buyer has the right to demand that the goods be repaired, within the limits set forth in Section 2 of Article 5, or to demand a price reduction or rescission of the contract in accordance with the terms of Articles 7 and 8 of this Act.

(g) The consumer may not demand a replacement in the case of non-consumable goods or secondhand goods.

13.8 Price Reduction and Termination of the Contract

A price reduction and/or termination of the contract shall occur, at the consumer’s discretion, when the consumer is unable to demand repair or replacement, or in cases where such repair or replacement has not been carried out within a reasonable time or without significant inconvenience to the consumer. Termination shall not apply in cases where the lack of conformity is of minor importance.

13.9 Criteria for Price Reductions

A price reduction shall be proportional to the difference between the value the goods would have had at the time of delivery had they been in conformity with the contract, and the actual value of the goods delivered at the time of such delivery.

13.10 The warranty covering compliance, including hidden defects, has been extended to 10 years for mattresses.

13.11 The warranty of conformity, including against hidden defects, has been extended to 5 years for furniture.

13.12 With reference to any questions regarding statutory warranties.

The customer should contact Kipli SAS via the following email address: help@kipli.com or by regular mail at: Kipli SAS, 15 Rue Beautreillis, 75004 Paris.

ARTICLE 14: DISPUTES - MEDIATION

14.1 In the Event of a Dispute

The customer must first contact Kipli SAS Customer Service in writing at help@kipli.com or by registered mail to the mailing address of Kipli SAS, which is required to respond promptly.

14.2 In the Event of a Failed Claim

The customer must contact Customer Service, and if there is no response from Customer Service within two (2) months of submitting the request, the customer has the right to involve a consumer ombudsman to reach an amicable settlement of the dispute with Kipli SAS.

If a consumer has filed a written complaint and has not received a response within two (2) months, the consumer must file a claim. A mediator must be appointed within a maximum period of one year from the date of the original communication.

The mediator is MEDIATION-NET.

You can visit their website or contact them at the following address:
www.mediation-net-consommation.com – or by mail at MEDIATION-NET – 34, rue des Épinettes – 75017 PARIS.

14.3 In any case, the customer always has the option of taking the matter to court.

The buyer may choose to have the claim heard by the courts of Paris (where Kipli SAS is domiciled), the local courts of the place where the product was actually delivered, or the local courts of the address where the customer resided at the time the contract was entered into or when the adverse event occurred.

ARTICLE 15 - PARTIAL INVALIDITY

If one or more provisions of the Terms and Conditions are inapplicable, invalid, or are declared as such under any law or regulation, or as a result of a final decision by a competent court, the remaining provisions of the contract shall remain in full force and effect.

ARTICLE 16 - NO WAIVER OF RIGHTS

The fact that one of the parties to the General Terms and Conditions does not require the application of a provision—whether permanently or temporarily—cannot under any circumstances be considered a waiver of rights under that provision.

ARTICLE 17: GOVERNING LAW

All provisions of these terms and conditions, as well as all transactions and sales activities on the website, are subject to European, French, and Spanish laws.

However, the French law applicable to the contract may not result in a customer residing in another Member State being deprived of the mandatory public policy provisions that are less favorable than those granted by his or her own national law.

ATTACHMENTS

Withdrawal Form “Please complete and submit this form only if you wish to withdraw from the contract.”

For the attention of Kipli SAS, 15 Rue Beautreillis, 75004 Paris – help@kipli.com

I / We () / hereby give notice of my / our() withdrawal from the sales contract for the goods () / for the provision of services (*) as specified below:

Order number () / received on ():

Name of the buyer(s):

Customer's address(es):

Signature of the customer(s) (only when this form is submitted on paper)

Date:

(*) "Cross out what does not apply and fill in the blank"