BACKGROUND: SELLER'S IDENTITY AND CONTACT INFORMATION

Kipli SAS is a simplified joint-stock company with a capital of 179,400 euros, with its registered office at 200 Rue de la Croix Nivert, 75015 PARIS, registered with the Paris Trade and Companies Register (RCS) under number 841 674 302 (SIRET 84167430200051), with VAT number FR 10 841 674 302, which publishes and operates the website https://www.kipli.com/es/.

You can contact SAS Kipli (Kipli SAS, Customer Service, 200 Rue de la Croix Nivert, 75015 PARIS) by phone (+34919010175) or by email (contacto@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 adults (aged 18 or older) who have full legal capacity and are acting for their personal needs as consumers (hereinafter referred to as “the customer(s)”) placing an order (hereinafter referred to as “the order(s)”) through the website.

These terms do not govern the provision of services or the sale of products by various Kipli SAS entities that may be present on the Site through links, banners, or other hypertext links. Kipli SAS shall in no event be liable for the provision of services or the sale of products by third parties, or for the facilitation of e-commerce transactions between customers or users of the Site and others.

1.2 Availability and Applicability of the Terms

The terms and conditions are available to customers on the homepage under “Terms and Conditions.” SAS Kipli may also provide the terms and conditions to customers upon request by phone, email, or mail.

All orders placed on the Site are subject to these Terms.

The Customer must acknowledge these terms and conditions by checking the box provided for that purpose, after having read and accepted them, and must also confirm that they have full legal capacity and are of legal age (18 years old) before definitively confirming their Order.

1.3 Changes to the Terms

Kipli reserves the right to amend or modify these Terms and Conditions at any time.

In the event of changes to the Terms and Conditions, the applicable terms will be those of the online version posted on the website at the time the order is placed.

ARTICLE 2: CUSTOMER

The Customer represents that he or she is at least 18 years of age and affirms that he or she has the legal capacity or parental consent required to place an order on the site.

When recording a customer's personal information, the accuracy and completeness of the necessary data provided by the customer must be ensured. 

The Customer agrees not to resell any purchase within the meaning of Article L.110-1 of the Commercial Code (French law) and acknowledges that the Order is not directly related to a professional activity and is limited to strictly personal use.

ARTICLE 3: SITE

3.1 Access to the Site

Access to the website is free and unrestricted. Internet connection and access fees are the responsibility of the customer. Kipli SAS strives to keep the site accessible, but is under no obligation to do so. Access to the Site may be interrupted for maintenance, updates, or any other technical reason. Kipli SAS shall not be liable at any time for technical interruptions or any consequences they may entail. 

3.2 Test

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

ARTICLE 4: PRODUCTS

4.1 Product Overview

The products offered for sale are described on the Site (hereinafter referred to as “the product(s)”). Kipli takes great care in presenting and describing these products to provide customers with the best possible information and to ensure that they are aware of the essential characteristics of each product before placing an order.

For technical reasons (related to photography or product information), the actual appearance of the products may sometimes vary slightly from the photographs shown on the website. If you have any questions, or would like more information or additional images, please contact customer service by email at contacto@kipli.com.

4.2 Compliance

The products comply with applicable health and safety requirements, fair trade standards, and consumer protection regulations at the time of sale.

4.3 Product Availability

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

Sales are subject to actual product availability.

In the event that, despite confirmation of the order, the purchased product is no longer available for any reason, Kipli SAS will promptly inform the customer of the estimated wait time.

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

If a refund of the product price is not applicable, Kipli SAS is under no obligation to pay cancellation compensation, unless the breach of contract is directly attributable to it.

When an order includes multiple items, we will ship the items that are in stock.

ARTICLE 5: Product Price

5.1 Sale Price

The selling price of the product will be the price in effect on the date of the order.

The prices listed on the website are in euros and include shipping and handling costs for Spain, France, Belgium, and Luxembourg, as well as VAT. Only shipments to the Canary Islands are subject to a price difference or surcharge. The prices in the catalog are subject to change and are valid only until the end of the ordering process. All additional costs, such as duties, taxes, and other charges under the laws of the country to which the products will be shipped, shall be borne entirely by the customer, who agrees to pay them directly to the tax authorities or customs and postal delivery agencies.

For deliveries to other geographic areas. Unfortunately, Kipli cannot ship to Andorra. There is an additional charge for certain delivery areas (50€ for Switzerland and Corsica) (40€ for the Canary Islands).

The total amount paid by the Customer is shown on the order confirmation page. If there are promotions listed on the Site, Kipli SAS agrees to apply the promotional price shown on the Site to any order placed during the promotional period as stated on the website.

5.2 Price Changes

El Kipli SAS reserves the right to change prices at any time, while ensuring that the customer is charged the correct price as of the order date.

ARTICLE 6: PROCESS CONTROL

6.1 Steps for Entering into the Contract

Use of the Site is subject to the procedure established by Kipli SAS, which involves 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 website, 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 to the cart as they wish.

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 also have the opportunity to return to previous pages to correct any errors and/or modify their order, before confirming their order and agreeing to our terms.

The customer must read these Terms and agree to them in order to finalize their order.

The customer may confirm the order by clicking “Confirm My Order.” For the order to be confirmed, payment must be made; upon payment, a contract is established between the Customer and Kipli SAS (hereinafter referred to as the “Agreement”).

An email confirming receipt of the order and payment is sent to the customer as soon as possible, to the email address provided during the ordering process.

6.2 Refusal to Approve the Order for Legitimate Reasons

Kipli SAS reserves the right to refuse an order if it is unusual, deemed to be made in bad faith, or for any other legitimate reason, particularly if the quantities of products ordered are unusually high relative to the level of customer service provided to the consumer, or if there is a dispute with a customer regarding a previous order.

6.3 Order Changes

Any changes to the order made by the customer after the order has been confirmed are subject to the explicit approval of Kipli SAS.

ARTICLE 7: PAYMENT METHODS

7.1 Payment Methods

Payment for goods can be made by credit card, PayPal account, or bank transfer. The customer authorizes and agrees that Kipli SAS, upon receipt of the order, may proceed to charge the amount, granting the necessary authorization to charge the amount to the payment card used.

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 Provider does not store the payment information used by the customer; this information is transmitted directly to a third party—the provider that manages the payment services.

7.3 Payment by Bank Transfer

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

7.4 Payment in Three Installments

Customers can pay in three (3) installments using a credit card when purchasing one or more products totaling 100 €, provided that the customer does not already have two (2) orders being paid in three installments.

The first installment will be charged at the time of purchase to verify the payment method, and it will amount to one-third of the order total. The second installment will be charged 30 days after the customer places the order, and it will amount to one-third of the total purchase price. The final installment will be due 60 days after the order is placed (the last third of the total). For example, for an order of €1,200, the first payment will be €400, and the next two (2) installments will each be €400.

If a payment is not made, the subsequent installments will be canceled, and the customer will be required to pay the remaining balance in a single payment. If the customer decides to exercise their right to cancel the order, SAS Kipli will refund the total amount paid.

If an item is unavailable in an order containing multiple products, the following quantities will be adjusted automatically.

When returning an item from a purchase that includes multiple products, the following deadlines will be automatically adjusted.

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

7.6 Retention of Title

Kipli SAS retains ownership of the products sold until full payment has been made, and the customer agrees, until ownership of the product is transferred to the customer, to properly care for and preserve the products.

ARTICLE 8: DELIVERY

8.1 Payment and Delivery

Kipli SAS offers its customers in Spain, France, Belgium, and Luxembourg “standard” delivery with an estimated delivery time of ten (10) to fifteen (15) business days after the customer places the order. The customer will be contacted by the carrier after the order has been processed (via email or text message) to receive a link with the delivery details. The customer must be available on the day of delivery, as the delivery will not be scheduled for a specific time.

For orders outside of Spain, France, Belgium, and Luxembourg, the delivery time will be indicated during the checkout process before the order is finalized, and may vary depending on the products ordered, the destination country, and the shipping method selected by the customer.

Limited to cases in which the buyer is a consumer, delivery of products may not exceed 30 days from the date the order is confirmed. If delivery is not made within 30 days, the Customer shall request that the seller make delivery within an appropriate additional period. The Customer shall not grant this additional time in the following cases:

– Kipli SAS expressly refused to deliver the goods, or;

– If the customer has notified Kipli SAS, prior to the conclusion of the contract, that compliance with the delivery deadline agreed upon by the parties is essential;

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

8.2 Shipping Address

Products will be shipped exclusively to Spain and to countries in the European Union.

Delivery is made to the shipping address provided by the customer at the time of placing the order and under the customer's supervision.

The information provided by the Customer at the time of taking control constitutes this.

Kipli SAS disclaims all liability for defects or delays in delivery in the event of a failure on the part of the customer, in the event of the effects of a third-party event unforeseeable under the Contract, or in the event of force majeure. If the customer provides an incorrect or incomplete address, this will also be considered a failure on the customer’s part, as will the customer’s failure to pick up the order on the scheduled date or the customer’s absence at the time of delivery. In such cases, the customer will be responsible for return shipping costs.

8.3 Receipt of the products by the customer

Each delivery is deemed to have been completed as soon as the carrier makes the Products available to the Customer or to a third party designated by the Customer, as recorded by the carrier’s tracking system. Unless proven otherwise, no dispute regarding the delivery itself will be accepted if the package appears to have been delivered, as evidenced by the carrier’s computer system.

8.4 Malfunction, Damage, Damaged Package

It is strongly recommended (though not mandatory) that the customer inform the carrier at the time of delivery of any concerns regarding the packaging and, if applicable, the condition of the products (e.g., open packages) and, if the customer refuses to accept the products, to contact Kipli SAS.

Any claim for damage or partial loss must, in any case, be notified as soon as possible to Kipli SAS, no later than three (3) days after receiving the order, by email (contacto@kipli.com) or by mail with return receipt requested, without prejudice to the Customer’s right to file a claim against Kipli SAS under the terms and conditions established by law and these Terms and Conditions.

8.5 Late Delivery

8.5.1 Information

If there is a delay in delivery, the customer will receive an email with the relevant information, and a new delivery date will be proposed.

At the same time, customers are strongly encouraged to notify Kipli SAS Customer Service of any delays in delivery. Kipli SAS will contact the carrier involved to locate the package.

8.5.2 Termination of the Contract

In any case, the customer has the right to cancel the contract if the order is not delivered by the originally scheduled date.

The exercise of this right of withdrawal is in accordance with the provisions of Article L.216-2 of the Consumer Code (French law):

The customer must first contact Kipli SAS by certified mail with return receipt requested, addressed to the following address: Kipli SAS, 15 Rue Beautreillis, 75004 Paris, or by email sent to the following address: contacto@kipli.com, to arrange for delivery within a reasonable additional period.

If the products have not been received by the end of this second period, the customer may then cancel the contract under the same terms—that is, by sending a new letter with return receipt requested or another notification via email.

The contract is considered terminated upon receipt of the notice sent by mail or email from Kipli SAS.

However, the customer may terminate the contract immediately if Kipli SAS refuses to deliver the order on the date initially specified to the customer, provided that the date is an essential condition for the customer. This condition is essential given the circumstances surrounding the conclusion of the contract or an express request 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 products passes to the customer when the customer, or a specified third party, takes physical possession of the products, regardless of their function or nature.

The products, delivered to the customer by a carrier selected by Kipli SAS, are transported at the risk of Kipli SAS.

The customer shall be liable for any damage to the goods in products delivered to the customer by a carrier of the customer’s choice, effective from the moment Kipli SAS delivers the order to the carrier.

8.7 Transfer of Ownership

As of the delivery date, ownership of the product is transferred to the customer, unless payment of the full price has not been received, in accordance with Article 7.6 (French law). 

Article 9: Legal Right of Withdrawal and Return

9.1 Terms and Time Limits for the Right of Withdrawal and Cancellation

Art. 68.1 The right to withdraw from a contract is the right of the consumer and user to rescind the contract entered intoby notifying the other contracting party within the time limit established for exercising that right, without having to justify their decision and without incurring any penalty whatsoever. Any clauses that impose a penalty on consumers and users for exercising their right of withdrawal shall be null and void.

1. The consumer and user shall have a minimum period of fourteen calendar days to exercise the right of withdrawal.
2. Provided that the employer has complied with the duty to provide information and documentation set forth in Article 69.1, the time period referred to in the preceding paragraph shall be calculated from the date of receipt of the goods covered by the contract or from the date the contract is entered into if the subject matter of the contract is the provision of services.
3. If the employer has not complied with the duty to provide information and documentation regarding the right of withdrawal, the period for exercising that right will end twelve months after the expiration of the initial withdrawal period, counted from the date the contracted goods were delivered or the contract was entered into, if the contract is for the provision of services.

If the obligation to provide information and documentation is fulfilled within the aforementioned twelve-month period, the statutory period for exercising the right of withdrawal will begin to run from that moment.

1. To determine whether the deadline for withdrawal has been met, the date of issuance of the notice of withdrawal will be taken into account.

For the mattress (standard size and for mainland Spain only):

Without limiting the right of withdrawal provided by law, the customer has the right to return the mattress (standard sizes) within the first 30 days from the date of delivery if they are not satisfied with their purchase; Kipli SAS will refund the costs incurred for the purchase. Returns will be accepted provided that the products have not been damaged or worn. Kipli will be responsible for the return.

This right of withdrawal is problematic because it is not possible for a buyer who has previously purchased a mattress and for whom Kipli has already exercised this right of withdrawal.

The right of rescission applies between businesses when three strict conditions are met:

- The contract must be entered into off the premises,

-the subject matter of the contract will not fall within the company's primary scope of business,

-The number of employees at the company must be five or fewer.

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

9.2.1 The buyer may submit the declaration (form attached to this SMT) by sending a written notice via certified mail with return receipt requested or via certified email (PEC) that includes the product’s control number. Alternatively, an email may be sent to contacto@kipli.com; however, it will be considered valid only if the seller responds immediately to the email. Otherwise, the seller assumes no liability for non-receipt or lack of communication resulting from the sending of a standard 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 the purchase. 

-Include all the items you wish to return, if possible in their original packaging and, in any case, in good condition;

-If possible, please attach to the report a copy of the purchase invoice or any other document that identifies the order;

-Return the products via the carrier, who will contact the customer.

Except in specific cases, the carrier will be responsible for retrieving the product. Please note that each subsequent pickup attempt is considered a full delivery, which incurs an additional charge. In this case, we will be required to bill the customer for this charge.

9.2.3 The customer shall be held liable for any damage to the products resulting from handling that is not consistent with the nature and essential characteristics of the products.

9.3 Direct Cost of Returning the Products

As a result of exercising the right of withdrawal, the customer will be responsible for the direct cost of returning the item.

9.4 Effects of Exercising the Legal Right of Withdrawal

If the customer exercises their right of withdrawal, Kipli SAS will refund the customer all amounts paid, including shipping costs (excluding any additional costs resulting from the customer’s choice of a different or more expensive shipping method that exceeds the price of the standard shipping method offered by Kipli SAS).

Refunds will be issued to the bank account specified in the order as soon as possible and no later than fourteen (14) days from the date Kipli SAS is notified of the customer’s decision to cancel, provided that Kipli SAS has received all the products to be returned.

The full amount paid to Kipli SAS will be refunded once Kipli SAS receives all the 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 Purpose

To place an order, the customer must provide certain personal information (name, email address, shipping and billing addresses, payment information, etc.).

In general, the information collected by Kipli SAS is essential for meeting customer needs. If the customer does not fill out the required fields, Kipli SAS will not be able to respond to their requests.

This information—specifically the data marked as required—is necessary for process control and for the management and monitoring of Kipli SAS’s business relationships with its customers.

This information and data may also be used by Kipli SAS for internal statistical purposes, in particular to enable Kipli SAS to improve the quality of its service and better meet customer expectations.

The customer may receive emails or text messages from Kipli SAS regarding offers for similar products or services or purchases that have been made. The customer may, at any time, opt out of receiving future messages at no cost, in accordance with the instructions provided in each message.

Customers are hereby informed that they may, if they wish, register for free on the do-not-call list for telemarketing.

10.2 Recipients of Personal Data

Personal data is not subject to any commercial use by third parties. Databases used to store customer information are not created for the purpose of resale or commercial use by third parties.

The personal data collected is intended for use by Kipli SAS and may be shared with trusted service providers acting on behalf of Kipli SAS to enable the purposes described above.

10.3 Personal Data Security

Kipli SAS takes all necessary precautions and implements appropriate technical and administrative measures to protect the privacy and security of personal data, prevent damage, and ensure that third parties do not gain 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 applicable regulations. For more information, please see section 7.

10.4.1 Credit card information

Credit card information transmitted when making a purchase will be sent directly to the payment service provider (a bank or financial institution) and not to the seller. Therefore, the Provider does not store the customer’s payment information, as it will be transmitted directly to the provider or third parties responsible for managing payment services.

10.4.2. Other customer information (excluding bank cards)

All other customer data will be retained by Kipli SAS for the duration of the business relationship. After the business relationship ends, customers’ personal data will be retained for evidentiary purposes, as an interim record, for a period of five (5) years.

Kipli SAS may use visitor data to send offers for similar products or services that were not the subject of an order for a period of three (3) years following the end of the business relationship.

Kipli SAS may retain customers’ personal data for the purpose of analysis or the compilation of aggregate statistics for the duration of the business relationship. If Kipli SAS wishes to use this data beyond the scope of the business relationship for analysis or the compilation of aggregate statistics, the data will be irreversibly anonymized by removing all personal data, including data that indirectly identifies a customer.

10.4.3. Data on Users / Non-Customers 

Data regarding individuals who have registered on the site without placing an order (hereinafter, “non-customers”) is retained for a period of three (3) years from the date of payment or the last contact with the non-customer prospect, unless the account has been deleted earlier. In any case, the data will be deleted once the account has been deleted.

10.5 Rights of access, rectification, erasure, and objection to processing, as well as 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, review, modify, or delete their data held by SAS Kipli, which allows them, if necessary, to correct, update, block, or delete personal data that is inaccurate, incomplete, misleading, or outdated. 

The customer also has the right to object to the processing of their personal data on legitimate grounds and 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. As soon as the relevant requirements are met, Kipli SAS will promptly delete the personal data in question. If, in exceptional circumstances, Kipli SAS does not respond within one (1) month or fails to delete the data, the customer may file a complaint with the CNIL, which will rule on the request within three (3) weeks of receiving the complaint.

The customer has the right to establish general and specific guidelines for the retention, disposal, and disclosure of personal data after death. The customer is informed that (i) they may modify or revoke their guidelines at any time and that (ii) they may freely designate a person responsible for implementing their guidelines.

To protect customers, SAS Kipli responds only to requests related to their personal data, and customers will be asked to verify their identity by providing a copy of one side of an identification document, preferably in black and white. As a result of exercising the right of access or correction, data related to identification documents will be retained for one (1) year. As a result of exercising the right to object, this data may be retained for three (3) years.

To exercise any of these rights, the Customer may submit a request by email to the following address: contacto@kipli.com or send a letter by mail to Kipli SAS, 200 Rue de la Croix Nivert, 75015 PARIS.

10.6 Cookies

A “cookie” is a small data file sent to the user’s browser and stored on the user’s device (e.g., computer, smartphone) (hereinafter “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 under any circumstances.

kipli.com may process user information related to their visit to the site, such as the pages visited and searches performed. This information allows kipli.com to improve the site's content and the user's browsing experience.

For more information, see the acknowledgments section, item 9.1.

ARTICLE 11: LIABILITY

Kipli SAS shall not be held liable under any circumstances for non-performance or improper performance of the contract, whether due to the customer or to an insurmountable and unforeseeable act by a third party to the contract, or to a force majeure event.

Kipli SAS assumes no liability in the event that the product does not comply with legislation other than European legislation.

ARTICLE 12: Intellectual Property

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

Therefore, any content that appears or is available on the site may not be used, in whole or in part, for copying, reproduction, publication, transmission, or other forms of reproduction without the prior written approval of Kipli SAS.

Anyone who has a personal website and wishes to include, for personal use, a direct link to the site’s home page on their website must request permission from Kipli SAS. Under no circumstances shall there be any implied affiliation.

ARTICLE 13: WARRANTIES

13.1 The products offered on the Site are covered by the statutory warranties provided for under European and Spanish law.

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

The purpose of this law is to transpose into Spanish law 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 set of measures aimed at ensuring a uniform minimum level of consumer protection within the internal market in each and every Member State. To this end, it introduces the principle of conformity of goods with the contract, applicable to contracts for the sale of consumer goods entered into between the seller and the consumer. The provisions of the directive are mandatory, meaning that no clauses may be agreed upon that exclude or limit the rights granted to the consumer. Consequently, this law makes all rights recognized therein mandatory.

The law, in accordance with the directive on which it is based, contains two essential aspects: first, the legal framework for the warranty regarding the rights recognized by the law itself to ensure that goods conform to the sales contract; and second, the provisions governing any additional commercial warranty that may be offered to the consumer. The legal framework for the warranty is intended to provide the consumer with various options to seek remedy when the purchased goods do not conform to the contract, giving the consumer the option to demand repair or replacement of the goods, unless such action is impossible or disproportionate. When repair or replacement is not possible or proves unsuccessful, the consumer may demand a price reduction or termination of the contract. Consumers have a period of two years from the date of purchase to exercise these rights (in the case of used goods, a shorter period of no less than one year may be agreed upon) and a period of three years, also counted from the date of purchase, to bring any appropriate legal action, if necessary.

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

This directive is added to the list set forth in the annex to Directive 98/27/EC on injunctive relief for the protection of consumers’ interests; therefore, it has been necessary to include an article to establish injunctive relief against conduct that violates the provisions of this law.

The transposition regulation has the force of law, as it affects both the rules governing defects in sales contracts, as set forth in Articles 1,484 et seq. of the Civil Code, and the provisions on commercial warranties contained in Article 11 of the General Law for the Protection of Consumers and Users and Article 12 of Law 7/1996, of January 15, on the Regulation of Retail Trade. The amendment being implemented involves creating a specific regime applicable to civil sales contracts for consumer goods entered into between consumers and professional sellers. The Civil Code’s regime for remedies regarding hidden defects remains unchanged and applies to civil sales not covered by the scope of the directive. The regime contained in the Law on the Regulation of Retail Trade continues to apply to regulate aspects of the commercial warranty not covered by this law.

In conclusion, the remedies provided for in this law—repair or replacement of the sold goods, a price reduction, and rescission of the sale—replace, in the context of consumer sales, the actions for redhibition and quanti minoris arising from remedies for latent defects, while leaving intact the buyers’ rights to compensation.

In light of these circumstances, this law is enacted pursuant to the provisions of Article 149.1.6 and 8 of the Constitution, which grant the State exclusive jurisdiction over commercial, procedural, and civil law.

13.2 General Principles.

The seller is obligated to deliver to the consumer goods that conform to the sales contract in accordance with the terms set forth in this law.

For the purposes of this law, “sellers” are individuals or legal entities that, as part of their professional activities, sell consumer goods. For the purposes of this law, “consumer goods” are tangible personal property intended for private consumption.

For the purposes of this law, consumers are those defined as such in Law 26/1984, of July 19, the General Law for the Protection of 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 not packaged for sale in a specified volume or in specific quantities, nor to electricity. Nor shall it apply to used goods acquired at an administrative auction that consumers may attend in person.

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

13.4 Conformity of the Goods with the Contract.

1. Unless proven otherwise, the goods shall be deemed to conform to the contract provided they meet all the requirements set forth below, unless any of them is inapplicable due to the circumstances of the case:

(a) Conform to the seller’s description and possess the qualities of the goods that the seller presented to the consumer in the form of a sample or model.

(b) Be suitable for the uses for which goods of the same type are ordinarily intended.

(c) Be suitable for any special purpose required by the consumer, provided that the consumer has informed the seller of such purpose at the time the contract was concluded and the seller has acknowledged that the goods are suitable for that purpose.

(d) Possess the quality and performance that a consumer can reasonably expect from goods of the same type, taking into account the nature of the goods and, where applicable, any public statements regarding the specific characteristics of the goods made by the seller, the manufacturer, or their representative, particularly in advertising or on labeling. The seller shall not be bound by such public statements if the seller proves that the seller was unaware of the statement in question and could not reasonably have been expected to be aware of it, that the statement had been corrected at the time the contract was concluded, or that the statement could not have influenced the decision to purchase the consumer good.

2. A lack of conformity resulting from improper installation of the goods shall be deemed equivalent to a lack of conformity of the goods 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 defective installation is due to an error in the installation instructions.

3. There shall be no liability for defects that the consumer was aware of or could not reasonably have been unaware of at the time the contract was entered into, or that arise from materials supplied by the consumer.

13.5 Seller’s Liability and Consumer Rights.

The seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the goods. Under this law, the consumer is entitled to have the goods repaired, replaced, or the price reduced, or to terminate the contract.

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

13.6 Repair and Replacement of the Item.

1. If the good does not conform to the contract, the consumer may choose between requesting that the good be repaired or replaced, unless one of these options is impossible or disproportionate. Once the consumer notifies the seller of the chosen option, both parties must abide by it. This decision by the consumer is without prejudice to the provisions of the following article regarding cases in which repair or replacement fails to bring the goods into conformity with the contract.

2. Any form of remedy shall be considered disproportionate if it imposes costs on the seller that, compared to the alternative form of remedy, are unreasonable, taking into account the value the good would have if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of remedy could be carried out without significant inconvenience to the consumer.

13.7 Rules Governing the Repair or Replacement of the Item.

Repairs and replacements shall comply with the following rules:

(a) They shall be free of charge to the consumer. This shall include the necessary expenses incurred to remedy the goods’ lack of conformity with the contract, particularly shipping costs, as well as costs related to labor and materials.

(b) They must be carried out within a reasonable time and without undue inconvenience to the consumer, taking into account the nature of the goods and their intended use by the consumer.

(c) Repair suspends the calculation of the time limits referred to in Article 9 of this law. The suspension period shall begin when the consumer makes the goods available to the seller and shall end upon delivery of the repaired goods to the consumer. For six months following the delivery of the repaired good, the seller shall be liable for the lack of conformity that gave rise to the repair; it shall be presumed that the same lack of conformity exists if defects of the same origin as those initially manifested reappear in the good.

(d) The substitution suspends the time limits referred to in Article 9 from the time the option is exercised until the new item is delivered. In any case, the second paragraph of Article 9.1 shall apply to the substitute item.

(e) If, after the repair has been completed and the goods have been delivered, the goods still do not conform to the contract, the buyer may demand replacement of the goods, within the limits set forth in Article 5, paragraph 2, or a price reduction or termination of the contract in accordance with Articles 7 and 8 of this Act.

(f) If the replacement fails to bring the goods into conformity with the contract, the buyer may demand that the goods be repaired, within the limits set forth in Article 5(2), or may demand a price reduction or termination of the contract in accordance with Articles 7 and 8 of this Act.

(g) The consumer may not demand a replacement in the case of non-fungible goods, nor in the case of used goods.

13.8. Price Reduction and Termination of the Contract.

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

13.9. Criteria for Price Reductions.

The 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 value of the goods actually delivered at the time of such delivery.

13.10 The warranty for conformity and against hidden defects is extended to 10 years for mattresses.

13.11 The warranty for conformity and against hidden defects is extended to 5 years for furniture.

13.12 For all questions regarding statutory warranties.

The customer should contact Kipli SAS at the following email address or by mailcontacto@kipli.com, Kipli SAS, 200 Rue de la Croix Nivert, 75015 PARIS.

ARTICLE 14: DISPUTES—MEDIATION

14.1 In the event of a dispute

The customer must first contact Kipli SAS customer service by emailing contacto@kipli.com or by sending a letter with return receipt requested to the Kipli SAS mailing address; Kipli SAS will respond promptly.

14.2 If the claim is denied

Contact Customer Service; if no response is received within two (2) months of submitting the request, the customer may seek the assistance of a consumer advocate to reach an amicable resolution of the dispute with Kipli SAS.

 If a consumer has submitted a written complaint and has not received a response within two months, he or she may file a claim. The case must be referred to the mediator no later than one year after the original claim was filed.

The mediator is MEDIATION-NET.
You can view the website at the following address:

www.mediation-net-consommation.com – o correo MEDIACIÓN-NET – 34 Rue des Spruce – 75017 PARIS

14.3 In any case, the customer will always have the option of taking legal action.

You may choose to bring the matter before the courts of Paris (where Kipli SAS is located), the courts of the place where the product was actually delivered, or the courts of the place where the customer resided at the time the contract was entered into or the harmful event occurred.

ARTICLE 15 - PARTIAL INVALIDITY

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

ARTICLE 16 - NO WAIVER

The fact that one of the parties to the General Terms and Conditions does not require the enforcement of any provision, whether permanently or temporarily, shall in no event be deemed a waiver of the rights under that provision.

ARTICLE 17: GOVERNING LAW

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

However, the French law applicable to the contract may not have the effect of depriving a customer residing in another Member State of mandatory public policy provisions that are more favorable to the customer than those provided by his or her national law.

APPENDIX

Right of Withdrawal Form 

"Please fill out and submit this form only if you wish to withdraw from the contract."

Atención Kipli SAS, 200 Rue de la Croix Nivert, 75015 PARIS – contacto@kipli.com

I / We (*) hereby give notice / Notify (*) on my / our (*) behalf of the cancellation of the contract for the sale of the property (*) / for the provision of the services (*) listed below:

Ordered on (*) / Received on (*):

Number(s) of Buyer(s):

Customer's address(es):

Company (s) (only if the form is submitted on paper)

date:

(*) Delete as appropriate and fill in