BACKGROUND: IDENTITY AND CONTACT INFORMATION OF THE SELLER

Kipli SAS is a simplified joint-stock company with a capital of 179,400 euros, with its registered office at 15 Rue Beautreillis, 75004 Paris, registered with the RCS in Paris under number 841 674 302 (SIRET 84167430200051) with the intra-Community VAT 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 athelp@kipli.com.

ARTICLE 1: GENERAL PROVISIONS

1.1 Purpose of the General Terms and Conditions of Sale (hereinafter 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 (aged 18 or older) who has full legal capacity to act on their own behalf as a consumer (hereinafter referred to as “the customer(s)”) to place an order (hereinafter referred to as “the order(s)”) via the website.

These terms do not govern the provision of services or the sale of products by various Kipli SAS entities that may be featured on the website via links, banners, or other hypertext links. Under no circumstances will Kipli SAS be liable for the provision of services or the sale of third-party products, or for the conclusion of e-commerce transactions between customers or users of the website and others.

1.2 Availability and Application of Terms

The terms and conditions are available for customers to view on the site's home page under "Terms and Conditions." SAS Kipli can also provide the terms and conditions upon request, by phone, email, or regular mail.

All orders placed through the website are subject to all of these Terms and Conditions.

The Customer must agree to the Terms and Conditions by checking the box provided for this purpose, after reading and accepting the terms, and at the same time certifying that they have full legal capacity with respect to age (18 years) before definitively confirming their Order.

1.3 Amendments 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 any amendments to the Terms and Conditions, the terms that will apply are those published on the website at the time an order is placed.

ARTICLE 2: THE CUSTOMER

The Customer warrants that they are 18 years of age or older and are presumed to have the legal capacity or the authorization of their parents or guardians to place an order on this website.

When the Customer registers their personal information, the accuracy and integrity of the required data they provide must be guaranteed.

The Customer agrees not to resell any items purchased, as defined in Article L.110-1 of the Commercial Code (French law), and states 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 unrestricted. Any connection fees and/or Internet access fees are the responsibility of the customer. Kipli SAS strives to ensure the website’s accessibility, but 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 responsibility at any time for any technical interruptions or their consequences.

3.2 Proof

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

ARTICLE 4: THE PRODUCTS

4.1 Product Overview

The products offered for sale are described on the Website (hereinafter referred to as “the product(s)”). Kipli SAS takes great care in presenting and describing these products in order to provide customers with all the necessary information so that they are fully informed about the basic features of each product before placing an order.

For technical reasons (related to photography or product information), the actual product may differ slightly from the photographs shown on the website. If you have any questions or need additional information, you can always contact our Customer Service team by email at: help@kipli.com.

4.2 Compliance

The products comply with the health and safety requirements, fair trade standards, and consumer protection regulations in effect at the time they are marketed.

4.3 Product Availability

Unless otherwise specified, offers are valid for as long as they are visible on the website, subject to availability.

Sales are subject to actual product availability.

In the event that, despite having received an order confirmation, the purchased product is no longer available for any reason, Kipli SAS will promptly notify the customer of the revised delivery time.

The customer may confirm the order or cancel it and request a refund for any amount paid in advance. It is understood that, if the product becomes unavailable, the customer may request a refund of any advance payment within 14 days of receipt.

If a refund of the product price is not applicable, Kipli SAS is under no obligation 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 under the Order will be shipped.

ARTICLE 5: Product Pricing

5.1 Sale Price

The sale price of the product will be the price in effect on the day the order was placed.

The prices shown on the website are listed in euros and include shipping and delivery costs for Spain, France, Belgium, and Luxembourg, as well as VAT. Only shipments to the Canary Islands will incur an additional charge. The prices in the catalog are subject to change and are valid until the end of the contractual period. Any additional costs, such as duties, fees, and/or taxes applicable under the laws of the country to which the goods are shipped, will be borne entirely by the customer, who agrees to make direct payment to the tax authorities, customs, or postal service for delivery charges.

Regarding deliveries to other geographic areas: Unfortunately, Kipli is unable to deliver to Andorra. An additional fee applies for certain delivery locations: €50.00 for Switzerland and Corsica, and €40.00 for the Canary Islands.

The total amount paid by the Customer will be displayed on the order confirmation page. If there are promotions listed on the website, Kiplis SAS agrees to apply the promotional price shown on the website to any order placed during the promotional period advertised on the website.

5.2 Price Changes

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

ARTICLE 6: PROCESS CONTROL

6.1 Stages of Contract Execution

Use of 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 through 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 add the product to the shopping cart. The customer can add as many products as they want to the shopping cart.

Before confirming their order, customers will have the opportunity to review their shopping cart to see a summary of their order. Products are listed along with their descriptions and prices. Customers can view the shipping costs (free standard shipping within Spain) and the total amount of their order.

Before confirming their order, customers will have the option to review their shopping cart to view a summary of their order. The products are listed along with their descriptions and prices. Customers can see the total cost, including standard shipping charges (if applicable) and the total value of their order.

The customer will also have the option, before confirming their order, to go back to the 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 these Terms and Conditions and agree to them in order to definitively confirm their order.

The customer can confirm their order by clicking "Confirm My Order." For the order to be confirmed, payment must be made; upon 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 Rejection of Orders for Legitimate Reasons

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

6.3 Amendments to the Order

Any changes made to the Order by the customer after the Order Confirmation has been sent are subject to the express consent 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 has been placed, Kipli SAS will debit the specified amount, as the customer has provided the necessary authorization to debit the agreed-upon amount from the payment card or account provided.

7.2 Data

Debit or credit card information transmitted when making a purchase will be sent directly to the payment service provider—such as a bank or financial institution—and not to the seller. Therefore, the seller is unable to store payment information provided by the customer, as it is transmitted directly to the financial institution that will process the payment.

7.3 Payment by Bank Transfer

When paying by bank transfer, the seller will ship the order only after receiving payment, including a copy of the bank transfer, which the customer must send by email to: help@kipli.com, indicating the order number and the buyer's name.

7.4 Payment in 3 Installments

Payment in three (3) installments using a credit card is available to customers for the purchase of one or more products totaling €100, provided that the customer does not have two (2) orders already being paid in three installments.

The first installment will be charged at the time of purchase to set up the payment method and will cover one-third of the order total. The second installment will be charged 30 days after the customer places the order and will amount to one-third of the total purchase price. The final installment will be due 60 days after the order is placed (the remaining one-third of the total). For example, for an order totaling €1,200, the first payment would be €400, followed by two (2) additional installments of €400 each.

If payment has not been made, the remaining installments will be canceled, and the customer will be required to pay the remaining balance in full. If the customer chooses to exercise their right to cancel the order, Kipli SAS will refund the total amount paid.

If an item is not available on a multi-product order, the subsequent installments will be adjusted automatically.

When returning an item from a multi-product purchase, the subsequent time frames will be updated automatically.

If the customer's credit card expires before the third payment installment plus 7 days, the order will be rejected by Kipli SAS.

7.6 Rights of Ownership

Kipli SAS retains ownership of the products sold until full payment has been received, and the customer agrees, while they do not have full ownership of the goods, to take proper care of the products that have been supplied.

ARTICLE 8: DELIVERY

8.1 Payment and Delivery

Kipli SAS offers its customers in Spain, France, Belgium, and Luxembourg a "standard" delivery with an estimated lead time of ten (10) to fifteen (15) business days from the date the customer places the order. The customer will be contacted by the shipping company via email or text message, with a link providing the delivery details. The customer must be present on the delivery date, as the courier company will be unable to provide a specific time.

For orders outside Spain, France, Belgium, and Luxembourg, the lead time will be displayed during the checkout process, prior to order confirmation, and may vary depending on the products ordered, the destination country, and the shipping method selected by the customer.

Limited to cases where the buyer is a consumer, delivery of products shall not exceed 30 days from the date of the order confirmation. If delivery is not made within 30 days, the customer may request that the seller make delivery within a revised, reasonable timeframe. The customer should not set such extended timeframes in the following situations:

– Kipli SAS has expressly refused to deliver the merchandise, or;

– If the customer has informed Kipli SAS, prior to entering into the contract, that compliance with the delivery date agreed upon by the parties is considered essential.

If delivery is not possible, the Customer shall have the right to terminate this Agreement.

8.2 Delivery Address

The goods will be delivered exclusively to countries within the European Union.

Delivery will be made to the address provided by the customer when placing the order, and is at the customer's risk.

The information provided by the Customer at the time of placing the order constitutes an acceptance of this responsibility.

Kipli SAS is not liable for defects or delays in delivery if the customer has failed to fulfill its contractual obligations, as a result of an unforeseen 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 will also be considered a breach of contract, as will the customer’s failure to receive the order on the specified date or the customer’s absence at the time of delivery. In such cases, the customer will be responsible for the costs of returning the goods.

8.3 Receipt of Products by the Customer

Delivery is deemed to have been made as soon as the courier company makes the Products available to the Customer or to a designated third party, as evidenced by the courier company's control systems. Unless proven otherwise, no dispute regarding the actual delivery will be permitted if the package appears to have been delivered, as verified by the delivery company's computer systems.

8.4 Malfunctions, Damage, Damaged Packaging

It is strongly recommended that the customer (although this is not mandatory) notify the courier company at the time of delivery of any issues regarding the packaging and, where applicable, the type of product (e.g., opened packages) and, ultimately, if the customer refuses to accept the products, contact Kipli SAS.

Any claims for damage or partial loss must, in any event, be reported to Kipli SAS as soon as possible—no later than three (3) days after receipt of the order—by email to: help@kipli.com or by mail with a tracking number, without prejudice to the customer’s right to file a claim against Kipli SAS, subject to the conditions and restrictions established by law and governed by these Terms and Conditions.

8.5 Late Delivery

8.5.1 Information

If the shipment is going to be delayed, the customer will receive an email with the relevant information regarding the proposed revised delivery date.

Similarly, it is strongly recommended that the customer notify the Customer Service team at Kipli SAS of any late or delayed delivery. Kipli SAS will be responsible for contacting the carrier involved to locate the package.

8.5.2 Termination of the Contract

In any event, the customer has the right to cancel the contract if the order has not been delivered by the date originally specified.

Exercising this right to cancel is in accordance with the provisions of Article L.216-2 of the Consumer Act (under French law):

The customer must first contact Kipli SAS by certified mail with return receipt requested, addressed as follows: Kipli SAS, 15 Rue Beautreillis, 75004 Paris, or by email to the following address: help@kipli.com, in order to arrange for delivery within a later, reasonable period of time.

If the products have not been received within this second, extended period, the customer may cancel the contract once again, under the same terms as outlined above, i.e., by sending a new registered letter or notification via email.

The contract is considered canceled upon Kipli SAS’s receipt of the notification by mail or email.

However, the customer is entitled to cancel the contract immediately if Kipli SAS refuses to deliver the order on the date initially notified 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 concluding the contract.

8.6 Delivery and Transfer of Risk

The risk of loss or damage to the ordered products is transferred to the customer when the customer, or a designated third party, takes physical 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 Kipli SAS’s risk.

The risk of damage to the merchandise and/or the products delivered to the customer by a carrier chosen by the customer shall be borne by the customer from the moment the goods are handed over by Kipli SAS to the customer’s duly appointed carrier.

8.7 Transfer of Ownership

Ownership of the product is transferred 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 Time Frames Governing the Right to Cancellation and Withdrawal

Art. 68.1 The right to withdraw from a contract is granted to the purchaser or user, enabling them to rescind the contract that has been concluded by notifying the other contracting party, within the permitted period for exercising such rights, without the need to justify their decision and without being subject to any penalty. Any clauses that impose a penalty on the purchaser or user for exercising their right of withdrawal shall be deemed null and void.

The purchaser and/or user will have a maximum period of fourteen calendar days to exercise their right of withdrawal. Provided that the seller has complied with the duty to provide information and documentation set forth in Article 69.1, the period referred to in the preceding section will be calculated from the receipt of the goods covered by the contract or, if the contract concerns the provision of services, from the conclusion of the contract. If the seller has not complied with the duty to provide information and documentation regarding the right of withdrawal, the period for exercising this right will end twelve months after the expiration of the initial withdrawal period, which is calculated from the time the contracted goods were delivered or the contract was entered into, if the purpose of the contract was the provision of services. If the duty to provide information and documentation has been fulfilled during the aforementioned twelve-month period, the legally established period for exercising the right of withdrawal will begin to run from that time.

In order to determine compliance with the withdrawal period, the date of issuance of the notice of withdrawal will be taken into account.

For Mattresses:

Without limiting the right of withdrawal provided by law, the customer has the right to return the mattress (standard sizes only) within 100 days from the date of delivery if they are not satisfied with their purchase, and Kipli SAS will reimburse the costs incurred for the purchase. A return will be possible provided that the products have not been damaged or worn. Kipli will be responsible for the return.

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 be concluded off-premises,

- the subject matter of the contract must not fall within the scope of the company’s main business activity,

- the number of company employees 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 this SMT) by sending a written notice via certified mail with return receipt requested or via PEC, including the product code for the ordered item. Alternatively, the buyer may 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 assumes no responsibility for non-receipt or lack of communication resulting from the sending of a simple email.

9.2.2 The customer must return the product no later than fourteen (14) days from the date of notification of their decision to cancel.

-Place the complete product to be returned, if possible, in its original packaging, and in any event, in secure, watertight packaging;

-If possible, include with the paperwork a copy of the purchase invoice or any other details that will help identify the order;

-Return the Products via the carrier who will have contacted the Customer.

With the exception of certain cases, the carrier will be responsible for picking up the product. Please note that each subsequent pickup attempt is considered a completed delivery, which may incur additional costs. In this case, Kipli SAS will be required to recover these costs from the Customer.

9.2.3 The Customer will be liable for any damage to the product resulting from improper handling that is not appropriate for the type and specific characteristics of the product(s).

9.3 Direct Costs of Returning the Products

If the customer exercises the right of withdrawal, any direct costs associated with the return will be the customer's responsibility.

9.4 Effects of Exercising the Legal Right of Withdrawal

If the customer exercises their right of withdrawal, Kipli SAS will refund the customer any amounts paid, including shipping costs (excluding additional costs incurred as a result of the customer choosing a different or more expensive shipping method that exceeds the price of the standard shipping method offered by Kipli SAS).
Reimbursement of the amounts paid will be made to the bank account specified in the Order as quickly as possible, but no later than fourteen (14) days from the date on which Kipli SAS was informed of the customer’s decision to withdraw and Kipli SAS has received all the products scheduled for return.
A refund of the total amount paid to Kipli SAS will be issued once Kipli SAS receives all the returned products for which the right of withdrawal was 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 data (their name, email address, shipping/billing address) and other details relevant to the payment, etc.

Generally, 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 fulfill their request.

This information is necessary for fulfilling the contract and for managing and monitoring Kipli SAS’s business relationships with its customers, which is why providing this data is mandatory.

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 and to continually enhance its ability to meet customer expectations.

Customers may receive emails or text messages from Kipli SAS regarding offers for products or services similar to those they have previously purchased. Customers may, at any time, choose to opt out of receiving these messages in the future, at no cost, in accordance with the instructions provided with 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 subject to any commercial use by third parties. The database in which customer information is stored is not available for resale or commercial use by third parties.

Any personal data that has been collected is intended for use by Kipli SAS and may be shared confidentially with service providers acting on behalf of Kipli SAS to facilitate the smooth fulfillment of the customer’s order.

10.3 Security of Personal Data

Kipli SAS takes all necessary precautions and implements appropriate technical and administrative measures to protect the privacy and security of customers' personal data, to prevent any damage, and to prevent third-party access to this data.

10.4 Retention Period for Personal Data

Kipli SAS retains personal data for as long as necessary for its operations, in compliance with current regulations. For additional information, please see Section 7.

10.4.1 Credit Card Information

Credit card information provided when making a purchase is transmitted directly to the payment service provider (a bank or financial institution) and not to the seller. Therefore, the supplier does not store data regarding the payment method used by the customer, as this is transmitted directly to the financial provider or third parties responsible for administering these payment services.

10.4.2. Other Customer Data (excluding bank cards)

Other customer data will be retained by Kipli SAS for the duration of the commercial relationship. Once the business relationship has ended, the customer’s personal data is retained for tax purposes in an archive file for a period of five (5) years.

Kipli SAS may use visitor data to send offers for products or services that have not been ordered for a period of three (3) years after the business relationship has ended.

Kipli SAS may retain customers’ personal data for the purposes of analysis or the preparation of statistical reports during the term of the business relationship. If Kipli SAS wishes to use this data beyond the term of the business relationship, for analysis or statistical reporting, the data will be made irreversibly anonymous by removing all personal data, including data that indirectly identifies a customer.

10.4.3. Data Belonging to Users / Non-Customers

The data belonging to individuals who have registered on the website without placing an order (hereinafter “non-customers”) is retained for a period of three (3) years from the date of the last contact with this prospective customer, unless the account details have been deleted prior to this. In any event, the data will be deleted once the account has been archived.

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

In accordance with legal provisions, the customer has the right to access, view, or modify their data, or to delete it, provided that Kipli SAS agrees to allow them, if necessary, to correct, update, block, or delete any 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 this data being used for marketing purposes.

If the customer was a minor at the time their data was collected, they may request that Kipli SAS delete all their personal data, in accordance with the law. As soon as such requests are determined to comply with the law, Kipli SAS will promptly delete the personal data in question. 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 the request within three (3) weeks from the date of receipt of the claim.

The customer has the right to establish general and specific guidelines for the retention, deletion, and disclosure of personal data after death. The customer is informed that (i) these guidelines may be modified or revoked at any time and that (ii) the customer may freely designate a person responsible for implementing these guidelines. .

To protect our customers, Kipli SAS only responds to requests regarding personal data after asking the customer to verify their identity by providing a copy of one side of their identification document, preferably in black and white. As a result of exercising the right of access or correction, the data related to the identification documents provided 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 sent to the user's browser and stored on the user's device (for example, 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 will 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 allows Kipli.com to improve the website’s content and the user’s browsing experience.

For further information, see the “Thank You” footnote, section 9.1.

ARTICLE 11: LIABILITY

Kipli SAS accepts no liability for any failure to perform or improper performance of a contract, whether by the customer or due to the overwhelming and unexpected interference of a third party in the contract, or in the event of force majeure.

Kipli SAS is not liable under any circumstances for the product’s non-compliance with 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 owners who have granted Kipli SAS the right to use them.

Therefore, any content that appears or is available on the website may not be used, either in whole or in part, or reproduced, used in publications, transmissions, or reproductions without the express prior written consent of Kipli SAS.

Any individual who wishes to place, for their own personal use, a direct link from their website to the main page of Kipli’s website must request prior permission from Kipli SAS. Under no circumstances will permission be deemed to be implied.

ARTICLE 13: WARRANTIES

13.1 The Products Offered on the Website are covered by the legal warranties provided under E.U. legislation.

Law 23/2003, of July 10, on Guarantees for the Sale of Consumer Goods.

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

The directive establishes a set of measures aimed at ensuring a uniform minimum level of consumer protection within the framework of the internal markets in each and every Member State. To this end, it introduces the principle of conformity for goods covered by 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 that it is not possible to agree to clauses that exclude or limit the rights to which the consumer is entitled. Consequently, this law confers a mandatory nature on all the rights recognized therein.

The Law, in accordance with the directive from which it derives, contains two essential aspects: on the one hand, the legal framework of the guarantee regarding the rights recognized by the law itself to ensure the conformity of the goods under the sales contract; and on the other hand, the commercial guarantees 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 for seeking redress when the purchased goods do not conform to the contract, and to give the consumer the choice of requesting a remedy through replacement of the goods, unless this is either impossible or disproportionate. If repair or replacement is not possible or is unsuccessful, the consumer may request a price reduction or termination of the contract. A two-year period applies, starting 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), and a three-year period, also counted from the date of purchase, during which the consumer may, where appropriate, bring the relevant legal actions.

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

The Directive is added to the list set forth in the annex to Directive 98/27/EC, concerning injunctions in matters relating to the protection of consumers’ interests, for which it has been necessary to include an article introducing cease-and-desist actions against conduct that violates the provisions of this law.

The interchange rule has the force of law since it affects both the system of sales imbalances, regulated in Article 1.484 of the Civil Code, and the regulation of a commercial warranty, which is included in Article 11 of the General Law for the Protection of Consumers and Users and Article 12 of Law 7/1996 of January 15, governing 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 Civil Code’s provisions regarding the remedy of latent defects remain unchanged and apply to civil sales not covered by the scope of the directive. The system set forth in the Retail Trade Regulation Act continues to apply with respect to aspects of commercial guarantees not covered by this law.

In conclusion, the remedies provided for in this law—repairing and/or replacing the items sold, reducing their price, and/or rescinding the sale—replace, in the context of consumer goods sales, the actions for prohibition and quanti minoris arising from remedies for hidden defects, while retaining compensatory actions that protect the buyer.

As a result of such incidents, this law has been drafted under the provisions of Article 149.1.6 and 8 of the Constitution, which grant the State exclusive jurisdiction over matters of commercial, procedural, and civil law.

13.2 General Principles

The seller is required to deliver to the consumer goods that comply with the sales contract in accordance with the terms set forth in this law.
For the purposes of this law, sellers are the legal entities that, as part of their professional activities, sell consumer goods. In this context, consumer goods are defined as tangible personal property intended for private use.
For the purposes of this law, consumers are defined as set forth in Law 26/1984, dated July 19, entitled “General Protection for Consumers and Users” (customers).

13.3 Scope of Application.

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

Contracts for the supply of consumer goods that are produced or manufactured fall within the scope of this law.

13.4 Conformity of the Goods with the Contract.

1. Unless proven otherwise, it is understood that the goods provided are in accordance with the contract, that they meet all the requirements that are provided below, unless, due to certain circumstances in individual cases, any of these are not applicable:

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

b) That the goods are suitable for the use for which items of the same type are normally intended.

c) That the goods are suitable for any special purpose required by the customer and of which, the buyer has informed the seller at the time of signing the contract, provided that the latter has stated that the goods are suitable for said use.

d) That the goods demonstrate the normal quality and benefits that are standard for items of the same type and that the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, any publicity regarding specific characteristics of the goods that have been made by the seller, the manufacturer, or their representatives, particularly with regard to advertising or labelling. The seller will not be bound by such public statements if they are able to prove that they were unaware or could not have reasonably been expected to be aware of the statement in question, that said statement had been corrected at the time of concluding the contract or that said statement could not have influenced the decision to buy the consumer goods in question.

2. A lack of conformity resulting from the incorrect installation of the goods will equate to a lack of conformity of the goods when installation is included in the sales contract and has been undertaken by the seller or as their responsibility, or by the consumer when the faulty installation is due to an error in the assembly instructions.

3. There will be no liability for lack of conformity of the goods that the consumer was aware of or could not reasonably have been unaware of at the time of concluding the contract or that originated from the materials which were supplied by the consumer.

13.5 Seller's Responsibility and Consumer's Rights.

The seller must respond to the buyer for any lack of conformity that is evident at the time of the goods' delivery. Under the terms of this law, the consumer is recognised as having a right to have the goods repaired, replaced, to receive a reduced price or to terminate the contract.

Prior waiver of rights that this law recognises for consumers is null and void and fraudulent acts carried out in contravention of this law, in accordance with Article 6 of the Civil Code, are also considered to be null and void.

13.6 Repair and / or Replacement of the Goods.

1. If the goods were not in conformity with the contract, the consumer may choose between requiring either the repair or replacement of the goods, unless either of these options is not possible or is disproportionate. From the time at which the consumer informs the seller of their decision, both parties must then abide by it. The consumer's decision is understood to have been made without prejudice to the provisions of the following article for cases in which repair or replacement fail to improve the quality of the goods so that they subsequently do comply with the contract.

2. Any type of making good that imposes costs on the seller which, compared to other forms of making good, are not reasonable, taking into account the value the goods would have if they did not conform and / or if the relevance of this lack of conformity would be considered disproportionate and / or the alternative form of reparation could be carried out without imposing significant inconvenience to the consumer.

13.7 Rules for the Repair or Replacement of the Goods.

Repair and / or replacement of the goods will conform to the following regulations:

a) They shall be free for the consumer and this should include any necessary expenses incurred in order to correct the fault(s) with the goods supplied under the contract, particularly any shipping costs, as well as the costs related to labour and materials.

b) These must be carried out within a reasonable time frame and without causing major 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 will suspend the calculation of the terms referred to in Article 9 of this law. The period of suspension will commence from the time that the consumer makes the goods available to the seller and will end with delivery to the consumer of the repaired goods. For a period of six months after the repaired goods have been delivered, the seller will be liable for the lack of conformity which gave rise to the repair, assuming it is the same lack of conformity when defects of the same origin as those which were manifested initially, are reproduced in the goods.

d) Substitution places the terms referred to in Article 9 on hold with regard to exercising of the option, until delivery of the new, substituted goods. In any event, the second paragraph of Article 9.1 will apply to the subsituted goods.

e) If the repair has been completed and the goods have been delivered but are still not in accordance with the contract, the buyer is entitled to demand that the goods are replaced, within the parameters established in section 2 of Article 5, or that there shall be a reduction in the price or a settlement of the contract as per the terms of Articles 7 and 8 of this law.

f) If the goods fail to conform with the contract once substituted, the buyer is entitled to demand that the goods are repaired, within the limits established in section 2 of Article 5, or for a reduction in the price or, termination of the contract as per the terms of Articles 7 and 8 of this law.

g) The consumer cannot demand substitution in the event of non-expendable goods, or in the case of second-hand goods.

13.8. Price Reduction and Termination of the Contract.

Price reduction and / or termination of the contract will occur, as chosen by the consumer, when the latter is unable to require a repair or replacement and in those instances where these have not been carried out within a reasonable time frame or without causing major inconvenience to the consumer. Cancellation will not be applicable in those instances where the lack of conformity is of minor importance.

13.9. Criteria for Price Reductions.

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

13.10 The guarantee of conformity, including against hidden damage, is increased to 10 years for mattresses.

13.11 The guarantee of conformity, including against hidden defects, is increased to up to 5 years for furniture.

13.12 With Reference to any Questions Related to Legal Guarantees.

The customer should contact Kipli SAS at the following email address: hello@kipli.com or by regular mail to: 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 postal address of Kipli SAS, which is required to respond promptly.

14.2 In the Event That a Claim Is Not Validated

The customer should contact Customer Service. If Customer Service does not respond within two (2) months of the request being sent, the customer is entitled to seek the assistance of a consumer advocate to reach an amicable resolution of the dispute with Kipli SAS.

If the consumer has submitted a written complaint and has not received a response within two (2) months, they should then 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 to MEDIACIÓN-NET – 34, rue des Spruce – 75017 PARIS

14.3 In any event, the customer always has the option to pursue the matter in court.

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

ARTICLE 15 - PARTIAL NULLITY

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

ARTICLE 16 - NO WAIVERS

The fact that one of the parties to the General Terms and Conditions does not require the application of any provision, whether permanent or temporary, may in no case 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 conducted on the website, are subject to European, French, and Spanish laws.

However, the French law applicable to the contract may not have the effect of depriving a customer who is a resident of another Member State of the mandatory public policy provisions that are less favorable than those provided by the customer’s own national laws.

ATTACHMENTS

Right of Withdrawal Form  

"Please complete and submit this form only if you wish to withdraw from the contract"

To: Kipli SAS, 15 Rue Beautreillis, 75004 Paris – help@kipli.com

I / We (*) / hereby notify (*) you of the cancellation of the sales contract for the goods (*) / for the provision of services (*) as stated below:

Order No. (*) / received on (*):

Buyer(s) Name:

Customer's Address(es):

Signature(s) of customer(s) (only when the form is submitted in paper format)

Date:

(*) Delete as appropriate and complete