BACKGROUND: SELLER'S IDENTITY AND CONTACT INFORMATION

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

ARTICLE 1: GENERAL PROVISIONS

1.1 Purpose of the General Terms and Conditions of Sale (the “Terms”) and Scope.

The purpose of these Terms and Conditions is to define the terms of sale between Kipli SAS and any natural person of legal age (18 years of age or older) who has full legal capacity to act on their own behalf as a consumer (hereinafter referred to as “the customer(s)”), to place orders (hereinafter referred to as “the order(s)”) through the website
. These Terms and Conditions do not govern the provision of services or the sale of products by various entities of Kipli SAS that may be present on the website via links, banners, or other hypertext links. Kipli SAS shall not, under any circumstances, be liable 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 for customers to view on the website’s home page under the “Terms and Conditions” link. 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 General Terms and Conditions in their entirety.
The General Terms and Conditions must be accepted by the Customer by checking the box provided for that purpose, after reading and accepting them, while also ensuring that the Customer has full legal capacity with respect to age (18 years old) before definitively confirming the Order.

1.3 Changes to the General Terms and Conditions

Kipli SAS reserves the right to amend or modify these General Terms and Conditions at any time.
In the event of any changes to the General Terms and Conditions of Sale (GTC), the terms applicable will be those of the version 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 presumed to have the legal capacity or authorization from his or her parents or guardians to place an order on this website.
When registering the Customer’s personal data, the accuracy and completeness of the required information must be ensured.
The Customer agrees not to resell any items purchased pursuant to 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 strictly limited to personal use.

ARTICLE 3: THE WEBSITE

3.1 Access to the Website

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

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: THE PRODUCTS

4.1 General Description of Products

The products offered for sale are described on the Website (hereinafter referred to as “the product(s)”). Kipli SAS pays close attention to the presentation and description of these products in order to provide customers with all the necessary information so that they are fully informed about the basic characteristics of each product before placing an order.
For technical reasons (photographic or technical), the actual appearance of the product may vary slightly from the photographs shown on the website. If you have any questions or need additional information, you can always contact our Customer Support team via email at: help@kipli.com.

4.2 Compliance

The products comply with the applicable health and safety requirements in effect at the time of sale, including those related to fair trade and consumer protection.

4.3 Product Availability

Unless a specific duration is indicated, offers are valid as long as they are visible on the website, subject to stock availability.
Sales are made subject to the actual availability of the product.
If the purchased product is no longer available for any reason, even after an order confirmation has been received, Kipli SAS will promptly inform the customer of the new delivery date.
The customer may confirm the order or cancel the order and request a refund of any amount paid in advance. It is stipulated that, in the event of product unavailability, the customer may request a refund of any advance payment within 14 days of receiving the notice.
If a refund of the product price is not applicable, Kipli SAS has no obligation to pay any compensation for cancellation, unless the breach of contract is directly attributable to Kipli SAS. When an Order includes multiple products, the products that are available in the Order will be shipped.

ARTICLE 5: Product Prices

5.1 Sale Price

The product's sale price will be the price in effect on the day the Order was placed.
The prices listed on the website are shown in euros and include shipping and delivery costs to Spain, France, Belgium, and Luxembourg, as well as VAT. Only shipments to the Canary Islands are subject to an additional fee. Catalog prices are subject to change and are valid until the end of the contract period. Any additional costs, such as customs duties, fees, and/or taxes applicable under the laws of the country to which the goods will be shipped, will be borne in full by the customer, who agrees to make payment directly to the tax authorities, customs authorities, or the postal service responsible for delivery costs.
Regarding deliveries to other geographic areas: Unfortunately, Kipli is unable to deliver 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 will be displayed on the order confirmation page. If there are promotions featured on the website, Kipli 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, while guaranteeing customers that the price in effect on the date of the order will continue to apply.

ARTICLE 6: ORDERING PROCESS

6.1 Stages of Contract Execution

Placing an order on the website is subject to the procedures established by Kipli SAS, which involve a series of steps that the customer must follow to confirm their order.
To place an order through the website, the customer must click on the product of their choice on the webpage, select the desired size and quantity, and then click the “Add to Cart” icon to add the product to the shopping cart. The customer can add as many products as they wish to the cart.
Before confirming their order, the customer will have the opportunity to review their cart to see a summary of their order. The products are listed with their descriptions and prices. Customers can check the shipping costs (free standard shipping to Spain) and the total amount of their order.
Before confirming their order, the customer will have the option to review their cart to view a summary of their order. Products are listed with their descriptions and prices. The customer can view the total cost, including standard shipping costs (if applicable), and the total amount of their order.
The customer will also have the option, before confirming their order, to return to previous pages to correct any errors and/or modify their order, and then confirm their acceptance of our General Terms and Conditions.
The customer must read these General Terms and Conditions and accept them in order to definitively confirm their order.
The customer can confirm their order by clicking “Confirm My Order.” For the order to be confirmed, payment must be made; upon payment, a contract is established between the Customer and Kipli SAS (the “Contract”).
An email confirming receipt of the order and payment will be sent to the Customer as soon as possible to the email address provided by the Customer in their order.

6.2 Refusal of Orders for Legitimate Reasons

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

6.3 Changes to the Order

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

ARTICLE 7: PAYMENT METHODS

7.1 Payment Methods

Payment for 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 specified amount, having been provided with the necessary authorization to charge the agreed-upon amount to the payment card or account provided.

7.2 Data

Debit or credit card information provided when making a purchase will be transmitted directly to the payment service provider—such as a bank or financial institution—and not to the seller. Consequently, the seller is unable to store the payment information provided by the customer, which is transmitted directly to the financial institution responsible for processing the payment.

7.3 Payment by Bank Transfer

If payment is made 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: help@kipli.com, indicating the order number and the buyer's name.

7.4 Payment in 3 Installments

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

7.6 Property Rights

Kipli SAS retains ownership of the products sold until full payment has been received, and the customer agrees, until such time as it has full ownership of the goods, to take proper care of the products supplied to it.

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 from the date the customer places the order. The customer will be contacted by the shipping company via email or text message with a link containing the delivery details. The customer must be present on the delivery date, as the shipping company cannot provide an exact time.
For orders outside of Spain, France, Belgium, and Luxembourg, the delivery timeframe will be displayed during the ordering process, prior to order confirmation, and may vary depending on the products ordered, the destination country, and the delivery method chosen by the customer.
Limited to cases where the buyer is a consumer, delivery of the products shall not exceed 30 days from the date of order confirmation. If delivery is not made within 30 days, the customer may request that the seller make delivery within a new, reasonable timeframe. The customer is not required to grant this additional time in the following situations:
– 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 considered essential.
In the event that delivery is impossible, the Customer shall have the right to terminate this Contract.

8.2 Shipping Address

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

8.3 Receipt of Products by the Customer

Delivery is deemed to have been made as soon as the shipping company makes the Products available to the Customer or to a designated third party, as evidenced by the shipping company’s tracking systems. Unless proven otherwise, no dispute regarding actual delivery will be accepted if the order is listed as delivered, as verified by the shipping company’s computer systems.

8.4 Defects, Damage, Damaged Packaging

It is strongly recommended that the customer (although this is not mandatory) notify the shipping company at the time of delivery of any issues regarding the packaging and, if applicable, the type of product (e.g., open packages) and, ultimately, if the customer refuses to accept the products, contact Kipli SAS.
Any claims for damage or partial loss must, in any case, be reported to Kipli SAS as soon as possible—no later than within three (3) days of receiving the order—by email to: help@kipli.com or by mail with return receipt requested, without prejudice to the customer’s right to seek redress against Kipli SAS, under the conditions and restrictions established by law and governed by these General Terms and Conditions.

8.5 Delayed Delivery

8.5.1 Information

If the shipment is delayed, the customer will receive an email with information regarding the proposed new delivery date.
Likewise, customers are strongly encouraged to notify Kipli SAS Customer Support of any delays or hold-ups in delivery. Kipli SAS will be responsible for contacting the carrier involved to locate the order.

8.5.2 Termination of the Contract

In any case, the customer has the right to terminate the contract if their order has not been delivered by the originally specified date.
The exercise of this right of termination is in accordance with the provisions of Article L.216-2 of the Consumer Code (under French law):
The customer must first contact Kipli SAS by certified letter with acknowledgment of receipt sent to the following address: Kipli SAS, 15 Rue Beautreillis, 75004 Paris, or by email to the following address: help@kipli.com, in order to schedule delivery within a reasonable subsequent timeframe.
If the products have not been received during this second extension period, the customer may cancel the contract again under the same terms described above, that is, by sending a new registered letter or an email notification.
The contract is considered terminated upon Kipli SAS’s receipt of the respective notification by mail or email.
However, the customer has the right to terminate the contract immediately if Kipli SAS refuses to deliver the order on the date initially notified to the customer, provided that such date was specified by the customer as an essential condition of the contract. This condition must have been essential in light of the circumstances surrounding the conclusion of the contract or a specific request made by the customer prior to the conclusion of the contract.

8.6 Delivery and Transfer of Risk

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

8.7 Transfer of Ownership

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

Article 9: Legal Right of Cancellation and Return

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

Art. 68.1 The right to rescind a contract belongs to the buyer or user, allowing them to cancel the contract by notifying the other contracting party within the legally permitted time limit for exercising such rights, without having to justify their decision and without being subject to any type of penalty. Any clauses that impose a penalty on the buyer or user for exercising their right of withdrawal shall be deemed null and void.
The buyer and/or user shall have a maximum period of fourteen calendar days to exercise their right of withdrawal. Provided that the seller has fulfilled the duty to provide information and documentation set forth in Article 69.1, the period referred to in the preceding section shall be calculated from the receipt of the goods covered by the contract or, in the case of a contract for the provision of services, from the conclusion of the contract. If the seller has not fulfilled the duty to provide information and documentation regarding the right of withdrawal, the period for exercising this right shall expire twelve months after the expiration of the initial withdrawal period, counted from the time the goods covered by the contract were delivered or the contract was concluded, if the subject matter of the contract was the provision of services. If the duty to provide information and documentation has been fulfilled during that twelve-month period, the legally established time limit for exercising the right of withdrawal shall begin to run from that moment.
To determine compliance with the withdrawal period, the date of dispatch of the notice of withdrawal shall be taken into account.

For Mattresses:
Without limiting the right of withdrawal provided for by law, the customer has the right to return the mattress (standard sizes only) within 100 days from the date of delivery if they are not satisfied with their purchase; Kipli SAS will be responsible for reimbursing the costs incurred for the purchase. Returns are permitted provided the products have not been damaged or worn. Kipli will be responsible for the return shipping costs.
This right of withdrawal does not apply to a buyer who has previously purchased a mattress and for whom Kipli SAS has already exercised this right of withdrawal.
The right of withdrawal applies to business entities when all three of the following strict conditions are met:

• o the contract must be entered into off the premises,
• o the subject matter of the contract must not fall within the scope of the company's primary business activity,
• The number of employees at the company must be less than or equal to comic.

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

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

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

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

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

9.3 Direct Carriers for Product Returns

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

9.4 Effects of Exercising the Legal Right of Rectification

If the customer exercises their right of withdrawal, Kipli SAS will refund the customer any 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 option offered by Kipli SAS).
Refunds for amounts paid will be issued to the bank account specified in the Order as soon as possible, but no later than fourteen (14) days from the date on which Kipli SAS was notified of the customer’s decision to withdraw and Kipli SAS has received all products to be returned.
A refund of the total amount paid to Kipli SAS will be issued once Kipli SAS has received all returned products for which the right of withdrawal has been exercised or once the customer has provided proof of shipment.

ARTICLE 10: PROTECTION OF PERSONAL DATA

10.1 Personal Data and Purposes of Use

Placing an order requires the customer to provide certain personal data (their name, email address, shipping/billing address) and other information relevant to payment, etc.
In general, the information collected by Kipli SAS is essential for fulfilling the customer’s order. If the customer does not fill in the required fields, Kipli SAS will not be able to fulfill their request.
This information is necessary for the performance of the contract and for the management and monitoring of Kipli SAS’s business relationships with its customers, which is why the data is required.
This information and data may also be used by Kipli SAS for internal research purposes, in particular to enable Kipli SAS to improve its quality of service, in order to constantly enhance its ability to meet customer expectations.
The Customer may receive emails or SMS messages from Kipli SAS regarding offers for products or services similar to those previously purchased. The Customer may, at any time, choose to opt out of receiving these messages in the future, at no cost, in accordance with the instructions provided in each message.
Customers may, if they wish, opt out of receiving sales and marketing calls.

10.2 Recipients of Personal Data

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

10.3 Security of Personal Data

Kipli SAS has identified all necessary precautions and appropriate technical and administrative measures to protect the privacy and security of customers' personal data, to prevent any harm, and to prevent third parties from accessing this data.

10.4 Retention Period for Personal Data

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

10.4.1 Credit Card Information

The credit card information transmitted when a purchase is made is sent directly to the payment service provider (a bank or financial institution) and not to the seller. Consequently, the seller does not store any information regarding the customer’s payment method; this information is transmitted directly to the financial service provider or to third parties responsible for managing these payment services.

10.4.2 Other Customer Information (excluding bank cards)

Other customer data will be retained by Kipli SAS for the duration of the business relationship. Once the business relationship has ended, the customer’s personal data is retained for tax purposes in an archive file for a period of five (5) years.
Kipli SAS may use visitor data to send offers for products or services that have not been ordered for a period of three (3) years following the end of the business relationship.
Kipli SAS may retain customers’ personal data for the purposes of analysis or the preparation of statistical reports during the term of the business relationship. If Kipli SAS intends to use this data beyond the term of the business relationship for the purposes of analysis or statistical reports, the data will be irreversibly anonymized by removing all personal data, including data that indirectly identifies a customer.

10.4.3 Data Belonging to Users / Non-Customers

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

10.5 Rights of access, rectification, erasure, and objection to processing, and the right to provide specific instructions regarding the retention, deletion, or disclosure of data after death.

In accordance with legal provisions, the customer has the right to access, view, or modify their data, or to have it deleted, provided that Kipli SAS grants its consent to allow the customer, if necessary, to correct, update, block, or delete any personal data that is inaccurate, incomplete, misleading, or outdated.
The customer also retains the right to object to the processing of their personal data for legitimate reasons and has the right to object to the use of this data for marketing purposes.
If the customer was a minor at the time their data was collected, they may request that Kipli SAS delete all of their personal data, in accordance with the law. Once such requests are verified in accordance with the law, Kipli SAS will promptly delete the personal data in question. If, in exceptional circumstances, Kipli SAS does not respond within one (1) month, or in the event of failure to delete the data, 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 for the retention, deletion, and disclosure of personal data after death. The customer is informed that (i) their guidelines may be modified or revoked at any time and that (ii) they may freely designate a person responsible for implementing these guidelines.
In order to protect our customers, Kipli SAS only responds to requests regarding personal data after asking the customer to verify their identity by providing a copy of one side of their identification document, preferably in black and white. As a result of exercising the right of access or rectification, data strictly related to the identification documents provided will be retained for a period of one (1) year. As a result of exercising the right to object, this data may be archived for a period of three (3) years.
To exercise any of these rights, the Customer may submit a request by email to the following address: help@kipli.com or by sending a letter to: Kipli SAS, 15 Rue Beautreillis, 75004 Paris.

10.6 Cookies

A "cookie" is a small data file sent to the user's browser and stored on the user's device (for example, their computer or smartphone), hereinafter referred to as "cookies." This file includes 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 harm the user’s device.
Kipli.com may process certain information about the user’s visit to the website, such as the pages viewed and searches performed. This information allows Kipli.com to improve the website’s content and the user’s browsing experience.
For more information, see the “Thank You” footnote, section 9.1.

ARTICLE 11: LIABILITY

Kipli SAS assumes no liability for any failure to perform or improper performance of a contract, whether due to the customer’s fault, the unavoidable and unforeseeable interference of a third party not party to the contract, or in the event of force majeure.
Kipli SAS is not liable, under any circumstances, for the product’s non-compliance with any legislation other than EU laws.

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 the right to use them.

Consequently, any content that appears or is available on the website may not be used, in whole or in part, nor may it be reproduced, used in publications, broadcasts, or other reproductions without the prior express written authorization of Kipli SAS.

Any individual who wishes to place, for personal use, a direct link from their website to the home page of the Kipli website must request prior authorization from Kipli SAS. Under no circumstances shall such authorization be deemed implied.

ARTICLE 13: WARRANTIES

13.1 The Products Offered on the Website are covered by the statutory warranties provided for under EU law.

Law No. 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods.

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

The directive establishes a set of measures designed to ensure 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 and applies to contracts for the sale of consumer goods concluded between the seller and the buyer. The provisions of the directive are mandatory in nature; therefore, it is not possible to include clauses that exclude or limit the rights to which consumers are entitled. Consequently, this law makes all rights recognized therein mandatory.

The Law, in accordance with the directive from which it derives, contains two essential aspects: on the one hand, it addresses the legal framework for the warranty regarding the rights recognized by the law itself to ensure that goods conform to the sales contract; and on the other hand, it establishes the commercial warranties that may additionally be offered to the consumer. The purpose of the legal framework for the warranty is to provide consumers with various options regarding the right to seek redress when the goods purchased do not conform to the contract, giving the customer the option to demand redress through the replacement of such goods, unless this is impossible or disproportionate. If repair or replacement is not possible or is unsuccessful, the customer may demand a price reduction or termination of the contract. A two-year period applies, starting from the date of purchase, during which the consumer may effectively exercise these rights (in the case of used goods, a shorter period may be agreed upon, but not less than one year), and a three-year period, also starting from the date of purchase, during which the consumer may, if necessary, bring appropriate legal action.

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

The Directive is added to the list set forth in the annex to Directive 98/27/EC on injunctions for the protection of consumers’ interests; for this reason, it was necessary to include an article to introduce cease-and-desist actions against conduct that violates the provisions of this law.

The rule of reciprocity has the force of law, since it affects both the system governing defects in a sale that give rise to the right of rescission, as set forth in Articles 1,484 et seq. of the Civil Code, as well as the regulation of a commercial warranty included in Article 11 of the General Law on the Protection of Consumers and Users and Article 12 of Law 7/1996, of January 15, on the Regulation of Retail Trade. Any amendments made to it entail the creation of a specific regime applicable to civil contracts for the sale of consumer goods entered into between consumers and professional sellers. The provisions of the Civil Code governing the remedy for any 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 with respect to the regulation of aspects of a commercial warranty not covered by this law.

In conclusion, the remedies provided for in this law—including the repair and/or replacement of the items sold, a price reduction, and/or rescission of the sale—replace, in the context of sales of consumer goods, the contractual remedies (redhibition and quanti minoris) arising from rescission due to latent defects, while the remedies for damages that protect the buyer remain in effect.

As a result of these incidents, this law was drafted pursuant to Article 149.1.6(a) and (b) of the Constitution, which grants the State exclusive jurisdiction over commercial, procedural, and civil legislation.

13.2 General Principles

The seller is required to deliver to the consumer goods that comply with the sales contract, under the terms set forth in this law.
For the purposes of this law, sellers are defined as natural or legal persons who, in the course of their professional activities, sell consumer goods. In this context, consumer goods are defined as tangible personal property intended for private use.
For the purposes of this law, consumers are those defined as such in Law No. 26/1984, of July 19, the General Law on the Protection of Consumers and Users (customers).

13.3 Scope of Application

The provisions of this law do not apply to goods acquired through judicial sale, nor to water or gas when these are not sold in limited volumes or specific quantities, nor to electricity. They also do not apply to secondhand goods acquired at an administrative auction that buyers may attend in person.

Contracts for the supply of consumer goods to be produced or manufactured are included within the scope of this law.

13.4 Conformity of the Goods with the Contract

1. Unless proven otherwise, it is understood that the goods supplied comply with the contract and meet all the requirements listed below, unless, due to specific circumstances in individual cases, any of them do not apply:

(a) The goods conform to the description provided by the seller and possess the same qualities as the sample or model that the seller presented to the buyer.

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

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

(d) That the goods possess the usual quality and performance that are typical of goods of the same type and that the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, any advertising regarding specific characteristics of the goods made by the seller, the manufacturer, or their representatives, particularly 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 or 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 goods in question.

1. A lack of conformity resulting from the incorrect installation of the goods shall be treated as 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 assembly instructions.
2. No liability shall arise for nonconformity of goods that the consumer was aware of or could not reasonably have been unaware of at the time the contract was concluded, or that stems from materials supplied by the consumer.

13.5 Seller Liability and Consumer Rights

The seller is liable to the buyer for any lack of conformity that is apparent at the time of delivery of the goods. Under this law, consumers are entitled to have the goods repaired, replaced, or to receive a price reduction, or to terminate the contract.

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

13.6 Repair and/or Replacement of the Goods

1. If the goods do not conform to the contract, the consumer may choose to demand that the goods be repaired or replaced, unless one of these options is impossible or disproportionate. Once the consumer informs the seller of their decision, both parties must abide by it. It is understood that the consumer’s decision is made without prejudice to the provisions of the following article in cases where repair or replacement fails to restore the goods’ conformity with the contract.
2. Any form of remedy is 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 can be carried out without significant inconvenience to the consumer.

13.7 Rules for the Repair or Replacement of Goods

The repair and/or replacement of the goods shall comply with the following rules:

(a) They shall be free of charge to the consumer and shall cover all necessary expenses incurred to remedy the lack of conformity of the goods supplied under the contract, including shipping costs, as well as costs related to labor and materials.

(b) They must be carried out within a reasonable time and without significant inconvenience to the customer, taking into account the nature of the goods and the purpose for which the consumer intended to use them.

(c) The repair suspends the running of the time limits referred to in Article 9 of this law. The access/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 replacement suspends the time limits referred to in Article 9 with respect to the exercise of the option until the new replacement item is delivered. In any case, the second paragraph of Article 9.1 applies to the replacement item.

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

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

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

13.8 Price Reduction and Termination of the Contract

A price reduction and/or termination of the contract shall occur, at the consumer’s discretion, when the consumer 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. 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 if they had been in compliance with the contract and the actual value of the goods that were actually delivered at the time of such delivery.

13.10 The warranty of conformity, including against hidden defects, is extended to 10 years for mattresses.

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

13.12 Contact Information for Questions Regarding Statutory Warranties

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

ARTICLE 14: DISPUTES - MEDIATION

14.1 In the Event of a Dispute

The customer must first contact Kipli SAS Customer Service in writing at help@kipli.com or by certified mail with return receipt requested to the Kipli SAS mailing address; Kipli SAS is required to respond promptly.

14.2 If the Complaint Is Unsuccessful

If the customer contacts Customer Service and does not receive a response within two (2) months of submitting the request, the customer has the right to file a complaint with a consumer ombudsman in order to reach an amicable resolution to the dispute with Kipli SAS.

If a consumer has submitted a written complaint and has not received a response within two (2) months, the consumer must then file a complaint. The mediator must be contacted no later than one year from the date of the original communication.

The mediator is MEDIATION-NET.

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

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

The buyer may choose to file a claim with the courts of Paris (where Kipli SAS is domiciled), the local courts of the place where the product was actually delivered, or the local courts of the area corresponding to the address where the customer resided at the time the contract was entered into or when the harmful event occurred.

ARTICLE 15 - PARTIAL INVALIDITY

If one or more provisions of these Terms and Conditions are inapplicable, invalid, or are declared as such by any law, 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 - 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 construed as 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 on the website, 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 than those provided by that customer’s own national laws.

APPENDICES

Right of Withdrawal Form “Please fill out and submit this form only if you wish to withdraw from the contract.”

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

I / We () / hereby give notice () of my / our () intention to cancel the contract for the sale of the goods () / for the provision of services (*) listed below:

Order No. () / received on ():

Name(s) of the Purchaser(s):

Customer(s)' Address:

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

Date:

(*) "Cross out what doesn't apply and fill in the rest"