PREAMBLE: SELLER'S IDENTITY AND CONTACT INFORMATION

KIPLI SAS is a simplified joint-stock company with a share capital of 171,096.50 euros, with its registered office at 200 Rue de La Croix Nivert, 75015 PARIS (France), registered with the Paris Trade and Companies Register (RCS) under number 841 674 302 (SIRET 84167430200028) with an intra-Community VAT number of FR 10 841674302, publishes and operates the website https://www.kipli.com/ch (hereinafter “the Site”). KIPLI SAS can be contacted by mail (KIPLI SAS, Customer Service, 200 Rue de La Croix Nivert, 75015 PARIS), by phone (01 76 42 11 72), and by email (help@kipli.com).

ARTICLE 1: GENERAL PROVISIONS

• 1.1 Purpose and Scope of Application: These General Terms and Conditions of Sale (hereinafter “the GTC”) are intended to define the terms of sale between KIPLI SAS and adults (18 years of age or older) with full legal capacity acting as consumers (hereinafter “the Customer”) with a view to placing an order (hereinafter “the Order(s)”) via the Website, for delivery exclusively within the territory of the Swiss Confederation.
• 1.2 Availability and Enforceability: The Terms and Conditions are made available to Customers on the Website’s home page, where they can be viewed directly. All Orders placed on the Website are subject to these Terms and Conditions in their entirety. The Terms and Conditions are enforceable against the Customer, who acknowledges—by checking the box provided for this purpose—that they have read and accepted them before definitively confirming their Order.
• 1.3 Changes to the Terms and Conditions: KIPLI SAS reserves the right to amend or modify these Terms and Conditions at any time. The applicable version is the one posted online on the Website at the time the Order is placed.

ARTICLE 2: THE CUSTOMER

The Customer represents that he or she is a natural person, at least 18 years of age, and has the legal capacity to place an Order on the Site. When registering their personal information, the Customer must ensure that the required information they provide is accurate and complete. The Customer agrees not to make any purchases for resale and declares that their Order is not directly related to any professional activity and is limited strictly to personal and private use.

ARTICLE 3: WEBSITE

• 3.1 Access to the Site: Access to the Site is open to the public and free of charge. The Customer is responsible for any Internet connection and access fees. KIPLI SAS endeavors to keep the Site accessible but is under no obligation to do so. Access to the Site may be interrupted for maintenance or technical updates.
• 3.2 Evidence: Unless proven otherwise, the data recorded by KIPLI SAS constitutes evidence of all transactions between KIPLI SAS and its Customers.

ARTICLE 4: PRODUCTS

• 4.1 Product Description: The products offered for sale are those described on the Site (hereinafter “the Product(s)”). KIPLI SAS takes the utmost care in presenting and describing these Products. For technical reasons (photographic and computer-related), the actual appearance of the Products may sometimes differ slightly from that shown in the photos on the Site.
• 4.2 Compliance: The Products comply with the applicable regulations regarding safety, human health, and consumer protection at the time they are placed on the market.
• 4.3 Product Availability: Product offers are valid as long as they are visible on the Site, while supplies last. In the event that the purchased Product is no longer available, KIPLI SAS will promptly inform the Customer of any expected wait times. The Customer may then confirm the Order or cancel it and request a refund of the amounts paid in advance, which will be issued within 14 days at the latest. When the Order includes multiple Products, the available Products will be delivered.

ARTICLE 5: PRODUCT PRICES AND CUSTOMS FORMALITIES

• 5.1 Sale Price and Currency: The prices of the Products displayed on the Swiss version of the Site ([kipli.com/ch](https://kipli.com/ch)) are listed in Swiss Francs (CHF).
• 5.2 Tax-Exclusive Sales (Incoterm DAP): The prices invoiced and collected by KIPLI SAS at the time the order is confirmed are strictly tax-exclusive, excluding customs duties and customs clearance fees (Incoterm: Delivered At Place). No French VAT or eco-contribution tax is applied to the invoice issued by KIPLI SAS.
• 5.3 Fees and Taxes Billed Exclusively to the Customer: The importation of goods into Switzerland necessarily incurs administrative and tax fees, which are the sole and final responsibility of the Customer. The following are payable and due by the Customer:
• Swiss import VAT (at the applicable statutory rate, calculated based on the value of the goods);
• Any customs duties that may apply under the laws of the Swiss Confederation;
• The processing and customs clearance fees automatically billed by the logistics provider authorized to handle customs formalities.
• 5.4 Terms of Payment for Taxes: All such taxes, duties, and carrier processing fees will be billed directly to the Customer by the carrier (Guisnel or any other service provider) or by the Federal Office of Customs and Border Security (OFDF), either prior to delivery (via an electronic payment request) or at the time the packages are dropped off. KIPLI SAS is not involved in the calculation or collection of these amounts.
• 5.5 Refusal to Pay Taxes: The Customer’s refusal to pay customs duties, Swiss VAT, or the carrier’s handling fees upon delivery constitutes a breach of the Customer’s contractual obligations. The package will be returned to KIPLI SAS at the Customer’s sole expense. The original shipping costs, the costs of the forced return, and any customs penalties will be deducted in full from the final refund for the order.
• 5.6 Split Shipments and Free Products:
• KIPLI SAS reserves the right to make split shipments (multiple separate packages for a single order). Each separate customs clearance may incur separate customs clearance fees, which are the sole responsibility of the Customer.
• In the case of a promotional offer or a goodwill gesture that includes a free product (gift), that free product remains subject to Swiss customs import formalities. Any processing fees and taxes charged by the carrier for this free product are the sole responsibility of the Customer.
• 5.7 Price Changes: KIPLI SAS reserves the right to change its prices at any time, while guaranteeing that the Customer will be charged the price in effect on the date of the Order.

ARTICLE 6: ORDERING PROCESS

• 6.1 Steps for Entering into the Contract: The Customer selects the Product, size, and quantities, then clicks “Add to Cart.” Before finalizing the order, the Customer may review the summary of their Order in their shopping cart. To confirm their order, the Customer must accept these Terms and Conditions. By clicking the “Confirm My Order” icon, the Customer is obligated to pay for the order, and the Contract is validly formed. An email confirming receipt of the Order and payment is sent to the Customer as soon as possible.
• 6.2 Refusal of an Order for Legitimate Reasons: KIPLI SAS reserves the right to refuse any Order if it is unusual, placed in bad faith, or if there is a prior dispute with the Customer regarding payment for a previous order.

ARTICLE 7: PAYMENT TERMS

• 7.1 Payment Methods: Payment for products can be made by credit card, PayPal, or bank transfer. KIPLI SAS does not store banking information, which is transmitted directly and securely to our third-party payment service providers.
• 7.2 Payment by Bank Transfer: In the case of payment by bank transfer, KIPLI SAS will ship the order only after the funds have been received or proof of payment has been sent to help@kipli.com.
• 7.3 Installment Payments (Alma / Younited): The Seller offers installment payment services through its partners Alma and Younited, subject to the Customer’s eligibility and the Customer’s acceptance of the related credit agreement. Any refusal by the partner to grant credit may result in the cancellation of the order, unless the Customer agrees to pay in full.
• 7.4 Retention of Title: KIPLI SAS retains exclusive ownership of the Products sold until the Customer has paid the full purchase price.

ARTICLE 8: DELIVERY

• 8.1 Delivery Times: Due to cross-border logistical constraints and mandatory customs clearance, delivery times for Switzerland are estimated as follows, starting from the date of order confirmation:
• Bulky items (mattresses, box springs, furniture): 20 to 25 business days.
• Small packages (pillows, comforters, bedding, accessories): 5 to 10 business days.
• 8.2 Premium Delivery Terms (Level 2 - LV2): For bulky items, delivery is handled by a specialized carrier (Guisnel or another designated service provider) directly to the room of the Customer’s choice (including upstairs). This service includes unpacking the item and the carrier’s removal of the packaging.
• 8.3 Accessibility Requirements and Customer Responsibility: It is the Customer’s responsibility to verify, before placing an order, that the dimensions of the products allow for normal access to the destination room (doors, hallways, stairwells, elevators). If delivery cannot be completed due to lack of access or limited space, the merchandise will be left on the ground floor (at the doorstep) or returned. All additional logistics costs (fees for a second delivery attempt or return shipping to the warehouse) will be the sole responsibility of the Customer.
• 8.4 Service Restrictions (Installation and Pickup):
• No Assembly: Although the goods are delivered to the designated room, this service does not include any assembly, installation, or setup of furniture or bedding, which remains the responsibility of the Customer.
• No Pickup: The standard delivery service in Switzerland does not include any pickup, collection, or removal of the Customer's old mattress or furniture.
• 8.5 Customs-Related Delays: In the event that a package is detained, subjected to a thorough inspection, or held up by Swiss customs authorities, KIPLI SAS assumes no liability for any additional delays resulting therefrom. Such administrative delays shall not give rise to any order cancellation, price reduction, or compensation.
• 8.6 Shipping Address: Products are shipped exclusively within Switzerland to the address provided by the Customer. If the Customer provides an incomplete or incorrect address, the Customer will be fully responsible for any redelivery charges.
• 8.7 Transfer of Risk: The risk of loss or damage to the Products passes to the Customer at the time the Customer, or a third party designated by the Customer, takes physical possession of the goods.

ARTICLE 9: RIGHT OF WITHDRAWAL, CHANGE OF PRODUCT, AND TRIAL OFFER

• 9.1 No Right of Withdrawal: In accordance with the laws governing sales to Switzerland, no right of withdrawal or 14-day cooling-off period applies to the products offered on this site. Any order placed is final and binding upon shipment. No returns for personal convenience or commercial exchanges will be accepted after shipment.
• 9.2 Cancellation Before Shipping: KIPLI SAS may accept a cancellation request on a purely commercial basis, provided the order has not yet been forwarded to the logistics department or shipped. The Customer must contact customer service as soon as possible at help@kipli.com. KIPLI SAS will not guarantee that the request has been processed until it has provided written confirmation.
• 9.3 Exclusion from the Trial Offer: The “100 Nights” trial offer applicable to mattresses in other territories is not available and is expressly excluded for deliveries to Switzerland. No returns, exchanges, or refunds may be initiated under this offer by a Customer who has received a delivery in Switzerland.

ARTICLE 10: PROTECTION OF PERSONAL DATA

Placing an Order requires the provision of personal data (name, address, email address). KIPLI SAS undertakes to process this data in accordance with applicable data protection laws (including the Federal Act on Data Protection—LPD—for Switzerland). The data is used exclusively for order processing and customer relationship management. Under no circumstances is it sold to third parties. The Customer has the right to access, correct, and delete their data by writing to help@kipli.com.

ARTICLE 11: LIABILITY

KIPLI SAS shall not be held liable in the event of non-performance or improper performance of the Contract due to the Customer’s actions, an insurmountable and unforeseeable act by a third party not party to the Contract, a force majeure event, or a customs delay beyond its control.

ARTICLE 12: INTELLECTUAL PROPERTY

All elements of the Site (text, images, logos, photos) are and remain the exclusive property of KIPLI SAS or the holders of such rights. Any reproduction or display of the Site, in whole or in part, is strictly prohibited without the prior written consent of KIPLI SAS.

ARTICLE 13: WARRANTIES AND AFTER-SALES SERVICE (SAV)

• 13.1 Obligation to Inspect and Notify (Art. 201 CO): The Customer is required to inspect the condition and conformity of the goods immediately upon delivery. Any apparent defect or damage caused during shipping must be reported in writing to Customer Service (help@kipli.com) within 5 business days of delivery, along with a detailed description and supporting photographs. If no notification is received within this period, the products are deemed accepted, and the Customer forfeits their warranty rights regarding visible defects.
• 13.2 Warranty Period: Subject to compliance with Section 13.1, the products are covered by a warranty against manufacturing defects and hidden defects for 10 years for mattresses and 5 years for furniture, effective from the date of delivery. The warranty does not cover normal wear and tear (including sagging of materials within technical tolerances), damage resulting from misuse, improper assembly, or lack of maintenance by the Customer.
• 13.3 No Automatic Replacement and Selection of a Solution: In the event of a proven defect reported within the specified time frame, the Customer acknowledges that the warranty does not entitle the Customer to an automatic or systematic replacement of the product with a new one. KIPLI SAS reserves the exclusive right to select and propose the most appropriate and proportionate solution—from both a logistical and economic standpoint—from among the following options:
• Repairing the product or sending a replacement part, if technically feasible;
• A proportional reduction in the purchase price (partial refund or credit) if the defect is minor or purely cosmetic;
• A full replacement or refund of the product, only if repair or a price reduction proves impossible or is clearly disproportionate given the cross-border logistics costs.

ARTICLE 14: DISPUTES AND GOVERNING LAW

• 14.1 Governing Law: All provisions of these Terms and Conditions, as well as all transactions and purchases made through the Site for delivery to Switzerland, are governed exclusively by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention).
• 14.2 Jurisdiction: In the event of a dispute, the Customer must first contact KIPLI SAS Customer Service (help@kipli.com) to seek an amicable resolution. If this fails, for consumers (B2C), jurisdiction is determined in accordance with the provisions of the Swiss Code of Civil Procedure (generally at the court of the consumer’s place of residence in Switzerland). For businesses (B2B), the exclusive venue is the registered office of KIPLI SAS.

ARTICLE 15 – PARTIAL INVALIDITY

If one or more provisions of these Terms and Conditions are deemed invalid or declared invalid pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.