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 located 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 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, 200 Rue de la Croix Nivert 75015 PARIS) by phone (+34919010175) or by email at help@kipli.com.

ARTICLE 1: GENERAL PROVISIONS

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

The purpose of these Terms and Conditions is to define the terms of sale between Kipli SAS and any adult (18 years of age or older) who has full legal capacity to act as a consumer for personal needs (hereinafter referred to as the “customer(s)”) and to place orders (hereinafter referred to as the “order(s)”) through the website.

These terms and conditions do not apply to the provision of services or the sale of products by various entities of Kipli SAS that may be featured on the website via links, banners, or other hyperlinks. Under no circumstances is Kipli SAS responsible for the provision of services or the sale of products by third parties, nor for the conclusion of e-commerce transactions between customers or users of the website and third parties.

1.2 Availability and Application of the Terms and Conditions

The terms and conditions are available to customers on the website's homepage under "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 these Terms and Conditions.

The Customer must accept the General Terms and Conditions by checking the appropriate box after reading and accepting them, thereby declaring at the same time that they have full legal capacity with respect to age (18 years) before finally confirming the Order.

1.3 Changes to the Terms and Conditions

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

In the event of changes to the Terms and Conditions, the terms and conditions that apply are those published on the website at the time the order is placed.

ARTICLE 2: THE CUSTOMER

The Customer warrants that he or she is 18 years of age or older and is deemed to have legal capacity or to have obtained permission from his or her parents or legal guardians to place an order on this website.

When recording the Customer's personal data, the accuracy and completeness of the required information being recorded must be ensured.

The Customer agrees not to resell any purchased items as provided for in Article L.110-1 of the Commercial Code (French law) and declares that the Order is not directly related to any professional activity and is intended solely for personal use.

ARTICLE 3: THE WEBSITE

3.1 Access to the Website

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

3.2 Evidence

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 Website (hereinafter referred to as the “product(s)”). Kipli SAS takes great care in presenting and describing these products to provide customers with all the necessary information so that they are well-informed about the key features of each product before placing an order.

For technical reasons (photographic or informational), the actual appearance of the product may differ slightly from the photos shown on the website. If you have any questions or need additional information, please feel free to contact our Customer Service at help@kipli.com.

4.2 Conformity

When products are placed on the market, they must comply with applicable health and safety regulations, as well as regulations regarding fair trade and consumer protection.

4.3 Product Availability

Unless a specific duration is stated, offers are valid as long as they are displayed on the website, subject to availability.

Sales are subject to the actual availability of the product.

If, despite the receipt of an Order Confirmation, the purchased product is no longer available for any reason, Kipli SAS will notify the customer as soon as possible, specifying the revised delivery time.

The customer may confirm the Order or cancel the Order and request a refund of any amount paid in advance. If the product is unavailable, the customer may request a refund of any advance payment within 14 days of receipt.

If a refund of the product price does not apply, Kipli SAS is not obligated to pay any compensation for the cancellation, unless the breach of contract can be directly attributed to Kipli SAS. When an Order includes multiple products, the available products from the Order will be shipped.

ARTICLE 5: PRODUCT PRICES

5.1 Sales Price

The selling price of the product is the price in effect on the day the Order is placed.

The prices displayed on the website are listed in euros and include shipping and delivery costs for Spain, France, Belgium, and Luxembourg, including VAT. Only shipments to the Canary Islands may be subject to an additional surcharge. The prices in the catalog are subject to change and are valid until the end of the contractual period. All additional costs, such as duties, fees, and/or taxes applicable under the laws of the country to which the goods are shipped, are the sole responsibility of the customer, who agrees to pay them directly to the tax authority, customs, or postal service.

Regarding deliveries to other geographic areas: Unfortunately, Kipli cannot ship to Andorra. An additional fee applies to certain delivery locations: €50.00 for Switzerland and Corsica, and €40.00 for the Canary Islands.

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

5.2 Price Changes

Kipli SAS reserves the right to change product prices at any time, provided that the customer continues to pay the price in effect on the Order Date.

ARTICLE 6: ORDERING PROCESS

6.1 Steps for the Performance of the Agreement

The ordering process on the website is subject to procedures established by Kipli SAS and consists of a series of steps that the customer must follow to confirm his or her Order.

To place an order through the website, the customer must click on the desired product page, select the desired size and quantity, and then click the "Add to Cart" icon to add the product to the cart. The customer can add as many products to the cart as he or she wishes.

Before confirming the order, the customer has the opportunity to review his or her shopping cart and view an order summary. The products are listed with their descriptions and prices. The customer can view the total cost, including standard shipping charges (if applicable) and the total value of the order.

Before confirming the order, the customer also has the option to return to previous pages to correct any errors and/or modify the Order, and then confirm his or her acceptance of our Terms and Conditions.

The customer must read and agree to these Terms and Conditions in order to finalize his or her order.

The customer can confirm his or her order by clicking "Confirm My Order." To confirm the order, payment must be made. Upon payment, a contract is formed between the Customer and Kipli SAS (the "Contract").

An email confirming receipt of the order and payment will be sent as soon as possible to the email address the Customer provided when placing the order.

6.2 Refusal of Orders for Valid Reasons

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

6.3 Changes to the Order

Any change made by the customer after the Order Confirmation has been sent is 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 is placed, Kipli SAS will charge the amount due, as the necessary authorization has been granted to charge the agreed-upon amount to the provided payment card or account.

7.2 Data

Payment card or credit card information provided during a purchase is transmitted directly to the payment service provider—such as a bank or financial institution—and not to the merchant. The merchant therefore cannot store the payment information provided by the customer, as it is transmitted directly to the financial institution that manages the payment services.

7.3 Payment by Bank Transfer

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

7.4 Payment in 3 installments

Payment in three (3) installments by credit card is offered to customers for the purchase of one or more products with a total value of €100, provided that the customer does not have two (2) orders that qualify for payment in three installments.

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

If a payment is not made, subsequent installments will be canceled and the remaining balance will become immediately due and payable. If the customer chooses to exercise his or her right to cancel the order, Kipli SAS will refund the full amount paid.

If an item in an order containing multiple products is unavailable, the subsequent delivery dates will be automatically adjusted.

When returning an item from a purchase that includes multiple products, the remaining payment installments are automatically adjusted.

If the customer's credit card expires before the third payment due date plus 7 days, Kipli SAS will reject the order.

7.6 Property Rights

Kipli SAS retains ownership of the products sold until full payment has been received. The customer agrees to handle the delivered products with care until he or she becomes the full owner of the goods.

ARTICLE 8: DELIVERY

8.1 Payment and Delivery

Kipli SAS offers its customers in Spain, France, Belgium, and Luxembourg “standard” shipping with an estimated delivery time of ten (10) to fifteen (15) business days from the time the customer places the order. The shipping company will contact the customer via email or text message with a link containing the delivery details. The customer must be present on the delivery date, as the courier company cannot specify an exact time.

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

To the extent that the buyer is a consumer, delivery of the products must take place no later than 30 days after the date of the order confirmation. If delivery does not occur within 30 days, the customer may request that the seller make delivery within a new, reasonable timeframe. The customer is not required to set this additional timeframe in the following cases:

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

– if the customer has informed 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 has the right to terminate this Agreement.

8.2 Shipping Address

Goods are delivered exclusively to countries within the European Union.

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

The information provided by the Customer when placing the order entails this responsibility.

Kipli SAS is not liable for defects or delays in delivery if the customer has failed to fulfill his or her contractual obligations as a result of an unforeseen event caused by a third party or in the event of a force majeure situation related to the agreement. If the customer provides an incorrect or incomplete address, this is also considered a breach of contract, as is failure to accept the order on the specified date or the customer’s absence at the time of delivery. In such cases, the costs of returning the goods shall be borne by the customer.

8.3 Receipt of the Products by the Customer

Delivery is deemed to have taken place as soon as the courier company has made the Products available to the Customer or to a third party designated by the Customer, as evidenced by the courier company’s tracking systems. Unless proven otherwise, no dispute regarding actual delivery may be raised if the package is recorded as delivered according to the courier service’s computer systems.

8.4 Malfunctions, Damage, Damaged Packaging

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

Any complaint regarding damage or partial loss must, in any event, be reported to Kiplis SAS as soon as possible and no later than three (3) days after receipt of the order, by email via help@kipli.com or by mail with a return receipt, without prejudice to the customer’s right to file a claim against Kiplis SAS under the terms and conditions set forth by law and in these Terms and Conditions.

8.5 Late Delivery

8.5.1 Information

If there is a delay in shipping, the customer will receive an email with the relevant information regarding the proposed revised delivery date.

Customers are also strongly advised to notify Kipli SAS Customer Service of any late or delayed deliveries. Kipli SAS is responsible for contacting the relevant carrier to locate the package.

8.5.2 Termination of the Agreement

In any case, the customer has the right to cancel the agreement if his or her order is not delivered by the date originally specified.

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

The customer must first contact Kipli SAS by certified mail with return receipt requested, addressed to: Kipli SAS, 200 Rue de la Croix Nivert, 75015 PARIS, or by email at help@kipli.com, to arrange for delivery within a later, reasonable timeframe.

If the products have not been received by the end of this second, extended period, the customer may cancel the order again under the same conditions as set forth above, namely by sending another registered letter or an email notification.

The agreement shall be deemed canceled as soon as Kipli SAS has received notice thereof by mail or email.

However, the customer has the right to cancel the agreement immediately if Kipli SAS refuses to deliver the order on the date originally communicated to the customer, provided that the customer has designated this date as an essential condition of the agreement. This condition must have been essential in light of the circumstances surrounding the conclusion of the contract or a specific request made by the customer prior to the conclusion of the contract.

8.6 Delivery and Transfer of Risk

The risk of loss or damage to the ordered products passes to the customer as soon as he or she, 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 the risk of Kipli SAS.

The risk of damage to the goods and/or products delivered to the customer by a carrier selected by the customer is borne by the customer from the moment the goods are transferred by Kipli SAS to the carrier designated by the customer.

8.7 Transfer of Ownership

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

ARTICLE 9: STATUTORY RIGHT OF CANCELLATION AND RETURNS

9.1 Conditions and Time Limits Regarding the Right of Withdrawal

Art. 68.1 The right of withdrawal allows the buyer or user to rescind the contract by notifying the other party within the permitted time limit, without having to justify his or her decision and without incurring any penalty. Provisions that impose a penalty on the buyer or user for exercising his or her right of withdrawal are considered null and void.

The buyer and/or user has a maximum period of fourteen calendar days to exercise his or her right of withdrawal. Provided that the seller has complied with the information and documentation requirements set forth in Article 69.1, the period referred to in the preceding paragraph is calculated from the date of receipt of the goods covered by the contract, or from the date the contract was concluded if the subject matter of the contract is the provision of services. If the seller has not complied with the information and documentation requirements regarding the right of withdrawal, the period for exercising that right ends twelve months after the expiration of the original withdrawal period, which begins to run from the moment the agreed-upon goods are delivered or a contract is concluded if the purpose of the contract was the provision of services. If the obligation to provide information and documentation is fulfilled during the aforementioned twelve-month period, the statutory period for exercising the right of withdrawal begins to run from that moment.

To determine whether the withdrawal period has been observed, the date on which the notice of withdrawal was sent is taken into account.

For mattresses:

Without prejudice to the statutory right of withdrawal, the customer has the right to return the mattress (standard sizes only) within 100 days of the delivery date if he or she is not satisfied with the purchase. Kipli SAS will refund the cost of the purchase. Returns are permitted provided that the products are not damaged or used. Kipli is responsible for the return shipment.

This right of withdrawal does not apply to a buyer who has previously purchased a mattress and for whom Kipli SAS has already activated this right of withdrawal.

The right of withdrawal applies to business entities when the following three strict conditions are met:

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

9.2 Forms for Exercising the Right of Withdrawal and Customer Obligations

9.2.1 The buyer may submit his or her statement (the form attached to these Terms and Conditions) by sending a written notice via certified mail with return receipt requested or via PEC, specifying the product code of the ordered item. It is also possible to send an email to help@kipli.com. However, this will only be considered valid if the seller responds to the email immediately. Otherwise, the seller accepts no responsibility for non-receipt or lack of communication resulting from the sending of a regular email.

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

• If possible, place the entire product to be returned in its original packaging, or at the very least in sturdy, waterproof packaging;
• If possible, please include a copy of the purchase invoice or other information that helps identify the order with the documents;
• Return products using the carrier that contacted the customer.

Except in certain cases, the carrier is responsible for picking up the product. Please note that any second attempt to return the product is considered a completed delivery, which may result in additional costs. In that case, Kipli SAS is required to recover these costs from the Customer.

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

9.3 Direct costs associated with returning the products

As a result of exercising the right of withdrawal, any direct costs associated with the return shipment are the customer's responsibility. To check the return shipping costs, click here: https://kipli.com/nl/frais-de-retour/

9.4 Consequences of Exercising the Statutory Right of Withdrawal

If a customer exercises his or her right of withdrawal, Kipli SAS will refund all amounts paid by the customer, including shipping costs, except for any additional costs incurred because the customer chose a different or more expensive shipping method than the standard shipping method offered by Kipli SAS.

Refunds will be issued as soon as possible to the bank account used for the Order, but no later than fourteen (14) days from the date on which Kipli SAS is notified of the customer’s decision to cancel the contract and Kipli SAS has received all products that are to be returned.

A refund of the full amount paid to Kipli SAS will be issued as soon as Kipli SAS has received all returned products for which the right of withdrawal has been exercised, or when the customer has provided proof of shipment.

ARTICLE 10: PROTECTION OF PERSONAL DATA

10.1 Personal Data and Purposes of Use

Placing an order requires the customer to provide certain personal information (name, email address, shipping/billing address) and other information relevant to payment, etc.

In general, the data collected by Kipli SAS is necessary to fulfill the customer's order. If the customer does not fill in the required fields, Kipli SAS will not be able to fulfill his or her requests.

This information is necessary for the performance of the agreement and for the management and monitoring of Kipli SAS’s business relationships with its customers, and is therefore required.

Kipli SAS may also use this information and data for internal research purposes, specifically to enable Kipli SAS to improve the quality of its services and to better meet customer expectations on an ongoing basis.

The customer may receive emails or text messages from Kipli SAS containing offers for products or services similar to those he or she has previously purchased. The customer may choose at any time to stop receiving these messages, at no cost, in accordance with the instructions provided in each message.

Customers may, if they wish, indicate that they do not wish to receive sales and marketing calls.

10.2 Recipients of Personal Data

Personal data is not used for commercial purposes by third parties. The database in which customer data is stored is not available for resale or commercial use by third parties.

All personal data collected is intended for Kipli SAS and may be shared on a confidential basis with service providers acting on behalf of Kipli SAS to ensure the proper fulfillment of the customer’s order.

10.3 Protection of Personal Data

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

10.4 Retention Period for Personal Data

Kipli SAS retains personal data for as long as necessary for its business operations and in accordance with applicable regulations. For additional information, please refer to Section 7.

10.4.1 Bank Card Information

Bank card information provided during a purchase is transmitted directly to the payment service provider (a bank or financial institution) and not to the seller. The seller therefore does not store any information about the payment method used by the customer, as this information is transmitted directly to the financial service provider or third parties responsible for managing these payment services.

10.4.2 Other customer information (excluding credit cards)

Kipli SAS retains other customer data for the duration of the business relationship. After the business relationship has ended, the customer’s personal data is retained in an archive for five (5) years for tax purposes.

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

Kipli SAS may retain customers’ personal data for analytical or statistical purposes throughout the duration of the business relationship. If Kipli SAS wishes to use this data for analysis or statistical reporting after the business relationship has ended, the data will be irreversibly anonymized by removing all personal data, including data that could be used to indirectly identify a customer.

10.4.3 User/Non-Customer Data

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

10.5 Right of access, rectification, erasure, and objection to processing, and the right to establish specific guidelines for the retention, erasure, or disclosure of data after death

In accordance with legal provisions, the customer has the right to view, access, modify, or delete his or her data, provided that Kipli SAS consents to such actions, and, if necessary, to request the correction, updating, blocking, or deletion of personal data that is inaccurate, incomplete, misleading, or outdated.

The customer also retains the right to object, on legitimate grounds, to the processing of his or her personal data and has the right to object to the use of this data for marketing purposes.

If the customer was a minor at the time his or her data was collected, he or she may, in accordance with the law, request that Kipli SAS delete all personal data. As soon as such requests meet the legal requirements, Kipli SAS will delete the relevant personal data as soon as possible. If, in exceptional circumstances, Kipli SAS does not respond within one (1) month, or if the data is not deleted, the customer may contact the CNIL, which will rule on this request within three (3) weeks from the date of receipt of the complaint.

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

To protect our customers, Kipli SAS responds to requests regarding personal data only after the customer has been asked to verify his or her identity by submitting one side of his or her identification document, preferably in black and white. As a result of the exercise of the right of access or correction, the data related to the provided identification documents will be retained for one (1) year. As a result of the exercise of the right to object, this data may be archived for three (3) years.

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

10.6 Cookies

A "cookie" is a small data file that is sent to the user's browser and stored on the user's device (such as a computer or smartphone); hereinafter referred to as "cookies." This file contains information such as the user's domain name, the user's Internet service provider, the user's operating system, and the date and time of access. Cookies do not damage the user’s device.

Kipli.com may process certain user information related to your visit to the website, such as pages viewed and search queries performed. This information enables Kipli.com to improve the website's content and the user's navigation experience.

For more information, see the footnote titled "thank you," section 9.1.

ARTICLE 11: LIABILITY

Kipli SAS assumes no liability for cases of non-performance or defective performance of a contract, whether by the customer, as a result of an overwhelming and unforeseeable intervention by a third party in the contract, or in the event of force majeure.

Kipli SAS is in no way responsible for any non-compliance of its products with legislation other than that of the European Union.

ARTICLE 12: INTELLECTUAL PROPERTY

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

Therefore, no content appearing on or available through the website may be used, reproduced, published, transmitted, or duplicated, in whole or in part, without the prior express written consent of Kipli SAS.

Anyone who wishes to post a direct link from his or her website to the home page of the Kipli website for personal use must first request permission from Kipli SAS. Permission is never implied.

ARTICLE 13: WARRANTIES

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

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

The purpose of this Act is to incorporate 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 into national law.

The Directive establishes a series of measures aimed at ensuring a uniform minimum level of consumer protection within the internal markets of all Member States. To that end, it introduces the principle of conformity for goods covered by a contract and applies to sales contracts for consumer goods concluded between the seller and the buyer. The provisions of the directive are mandatory, meaning that no terms may be agreed upon that exclude or limit the rights to which the consumer is entitled. Consequently, this law makes all rights recognized therein mandatory.

In accordance with the directive on which it is based, the law contains two essential aspects: first, the legal framework for the warranty regarding the rights recognized by law to ensure that goods conform to the sales contract; and second, the commercial warranties that may be offered to consumers in addition to these. The purpose of the statutory warranty framework is to provide consumers with various options to demand redress when the goods purchased do not conform to the contract, allowing the consumer to choose between repair or replacement of the goods, unless this is impossible or disproportionate. If repair or replacement is not possible or fails, the consumer may demand a price reduction or termination of the contract. There is a two-year period from the date of purchase during which the consumer may actually exercise these rights (for used goods, a shorter period of at least one year may be agreed upon) and a three-year period, also calculated from the date of purchase, during which the consumer may, if applicable, initiate the appropriate legal proceedings.

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

The directive is added to the list contained in the annex to Directive 98/27/EC on measures to protect the interests of consumers, for which it was necessary to include a provision allowing for injunctive relief against conduct that violates the provisions of this law.

The exchange rule has the status of law, since it pertains both to the system governing defects in sales, as set forth in Articles 1,484 et seq. of the Civil Code, and to the provisions governing commercial warranties contained in Article 11 of the General Law on the Protection of Consumers and Users and Article 12 of Law 7/1996 of January 15 on the Regulation of Retail Trade. Amendments made herein establish a specific regime applicable to civil law sales contracts for consumer goods concluded between consumers and professional sellers. The provisions of the Civil Code regarding latent defects remain unchanged and apply to civil sales that do not fall within the scope of the Directive. The system set forth in the Law on the Regulation of Retail Trade continues to apply to aspects of a commercial warranty not covered by this law.

In conclusion, the actions required to repair and/or replace the items sold, reduce their price, and/or terminate the sale, as provided for in this law, within the context of the sale of consumer goods, supersede claims for injunctive relief and for a reduction in price arising from remedies for latent defects, while preserving the compensatory claims that protect the buyer.

As a result of these circumstances, this law was drafted in accordance with the provisions of Article 149.1.6.ª and 8.ª of the Constitution, which grant the State exclusive authority over commercial law, procedural law, and civil law.

13.2 General Principles

The seller is required to deliver goods to the consumer that comply with the sales agreement under the conditions set forth in this law.

For the purposes of this Act, “sellers” are legal entities that sell consumer goods in the course of their business activities. In this context, consumer goods are defined as tangible personal property intended for private use.

For the purposes of this Act, consumers are defined as set forth in Act No. 26/1984 of July 19, entitled “General Protection of Consumers and Users (Customers).”

13.3 Scope of Application

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

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

13.4 Conformity of the Goods with the Agreement

1. Unless proven otherwise, it is presumed that the delivered goods conform to the agreement and meet all of the following requirements, unless, due to specific circumstances in individual cases, one of these requirements does not apply:

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

(b) The goods are suitable for the use for which goods of the same type are normally intended.

(c) The goods are fit for a particular purpose requested by the customer and of which the buyer informed the seller at the time the contract was concluded, provided that the seller has stated that the goods are fit for that purpose.

(d) The goods must possess the normal quality and performance typical of goods of the same type and that the consumer may reasonably expect, taking into account the nature of the goods and, where applicable, any advertising of specific characteristics of the goods made by the seller, the manufacturer, or their representatives, in particular advertising or labeling. The seller is not bound by such public statements if he or she can demonstrate that he or she was not aware of them and could not reasonably have been expected to be aware of them, that the statement had been corrected at the time the contract was concluded, or that this statement could not have influenced the consumer’s decision to purchase the consumer goods in question.

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

13.5 Seller's Liability and Consumer Rights

The seller is liable to the buyer for any lack of conformity that exists at the time of delivery of the goods. Under the terms of this law, the consumer has the right to have the goods repaired or replaced, to receive a price reduction, or to terminate the contract.

Any prior waiver of the rights granted to consumers under this Act is null and void. Fraudulent acts committed in violation of this Act are also null and void pursuant to Article 6 of the Civil Code.

13.6 Repair and/or Replacement of the Goods

1. If the goods do not conform to the contract, the consumer may choose between repair or replacement of the goods, unless one of these options is impossible or disproportionate. From the moment the consumer notifies the seller of his or her choice, both parties are bound by that choice. The consumer’s choice is deemed to have been made without prejudice to the provisions of the following article regarding cases in which repair or replacement fails to improve the quality of the goods to the extent that they still comply with the contract.
2. Any form of remedy that would impose costs on the seller that are unreasonable compared to other forms of remedy, taking into account the value the goods would have had if they had been in conformity, and/or when the significance of the lack of conformity is considered disproportionate, and/or when the alternative form of remedy can be carried out without causing significant inconvenience to the consumer.

13.7 Rules for Repair or Replacement of the Goods

Repairs and/or replacements of the goods must comply with the following rules:

a) These are free of charge to the consumer and include all necessary costs incurred to remedy the defect(s) in the delivered goods, including, in particular, shipping costs and costs for labor and materials.

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

(c) Repair suspends the calculation of the time limits referred to in Article 9 of this Act. The suspension begins when the consumer makes the goods available to the seller and ends when the repaired goods are delivered to the consumer. For a period of six months following delivery of the repaired goods, the seller is liable for the lack of conformity that gave rise to the repair, provided that the lack of conformity is the same if defects of the same origin as those initially identified recur.

(d) Replacement suspends the time limits referred to in Article 9 regarding the exercise of the right to choose, until the new, replacement goods are delivered. In any event, the second paragraph of Article 9.1 applies to the replaced goods.

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

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

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

13.8 Price Reduction and Termination of the Agreement

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

13.9 Criteria for Price Reductions

A price reduction is proportional to the difference between the value the goods would have had at the time of delivery had they been in compliance with the contract and the actual value of the goods delivered at the time of delivery.

13.10 The warranty covering compliance with specifications, including hidden defects, is extended to 10 years for mattresses.

13.11 The warranty of conformity, including for hidden defects, is extended for furniture to a maximum of 5 years.

13.12 Regarding questions about statutory warranties

The customer should contact Kipli SAS at the following email address: help@kipli.com or by regular mail at: 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 in writing via help@kipli.com or by certified mail to the mailing address of Kipli SAS, which is required to respond as soon as possible.

14.2 If no solution is reached

Please contact Customer Service. If Customer Service does not respond within two (2) months of the request being sent, the customer has the right to engage a consumer mediator to reach an amicable resolution of the dispute with Kipli SAS.

If a consumer has filed a written complaint and has not received a response within two (2) months, he or she must then file a complaint. A mediator must be involved within one year of 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 via MEDIACIÓN-NET—34 Rue des Spruce—75017 PARIS

14.3 In any case, the customer always has the option of bringing the matter before a court.

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

ARTICLE 15 - PARTIAL INVALIDITY

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

ARTICLE 16 - NO WAIVER OF RIGHTS

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

ARTICLE 17: GOVERNING LAW

All provisions of these terms and conditions, as well as all transactions and sales activities on the website, are governed by European, French, and Spanish law.

However, the French law applicable to the contract cannot have the effect of depriving a customer residing in another Member State of the mandatory public policy provisions that are less favorable than the protection afforded by his or her own national law.

ATTACHMENTS

Withdrawal Form

"Please fill out this form and submit it if you wish to cancel the agreement."

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

I/We () hereby give notice that I/we () am/are canceling the sales agreement for the goods listed below () / for the provision of services (*):

Order number () / received on ():

Name of the buyer(s):

Customer's address(es):

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

Date:

(*) Cross out what does not apply and fill in the blanks.