General Conditions of Sale

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BACKGROUND: IDENTITY AND CONTACT DETAILS OF THE SELLER

Kipli SAS is a simplified joint stock company with a captial of 179,400 Euros whose registered offices are at 27 rue Charles Schmidt 93400 Saint-Ouen-Sur-Seine, registered with the RCS in Paris with the number 841 674 302 (SIRET 84167430200028) whose intra-community VAT number is FR 10 841 674 302 who publishes and operates the website https://www.kipli.com/ .

You can contact SAS Kipli (Kipli SAS, Customer Service Department, 15 Rue Beautreillis 75004 Paris), by telephone (+34919010175) and via email at ([email protected]).

 

ARTICLE 1: GENERAL PROVISIONS

1.1 Object of the General Conditions of Sale (from the "Conditions") and the domain.

The purpose of these Conditions is to define the conditions of sale between Kipli SAS and any adult (aged 18 years of age), who has full legal capacity to act for their personal needs as consumers, (herein referred to as "the customer(s)") to order, (herein refererred to as "the order(s)") via the website.

These terms do not govern the provision of services or the sale of products from various Kipli SAS entities which may be present on the website via links, banners or other hypertext links. Kipli SAS, under no circumstances, will be responsible for the provision of services or the sale of third party products, or the conclusion of e-commerce transactions between clients or users of the website and others.

1.2 Availability and Application of Terms

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

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

The Terms and Conditions must be agreed to by the Customer by ticking the box provided for this purpose, once the terms have been read and accepted, guaranteeing at the same time that they have full legal capacity with regard to age (18 years) before definitively validating their Order.

 

1.3 Amendments to the Terms and Conditions

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

In the event of any amendments to the GCS, the conditions which will apply will be the version which is published on the website at the time of placing an order.

ARTICLE 2: THE CUSTOMER

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

At the time of registering the Customer's personal details, the accuracy and integrity of the required data that they register, must be guaranteed.

The Customer agrees not to resell any items purchased as governed by the meaning of Article L.110-1 of the Commercial Code (French law) and states that the Order is not directly related to any professional activity and is strictly limited to personal use.

ARTICLE 3: THE WEBSITE

3.1 Access to the Website

Access to the website is free and unrestricted. Any connection fees and / or internet access fees, are the responsibility of the customer. Kipli SAS endeavours to ensure the accessibility of the website, without being under any obligation to do so. Access to the website may be interrupted for the purposes of maintenance, updating or for any other technical reason. Kipli SAS does not accept responsibility at any time for any technical interruptions or the consequences thereof.

3.2 Proof

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

ARTICLE 4: THE PRODUCTS

4.1 Product Overview

The products offered for sale are described on the Website, (herein referred to as "the product(s)." Kipli SAS pays great attention to the presentation and description of these products in order to provide the customer with all the necessary information so that they are well informed about the basic features of each product prior to placing an order.

For technical reasons, (photographic or informational), the actual representation of the product may vary slightly from the photographs that are shown on the website. In the event of any questions or if additional information is required, you can always contact our Customer Services team via email at: [email protected]

4.2 Compliance

The products comply with the current applicable health and safety requirements, with fair trade and consumer protection at the time they are marketed.

 

4.3 Product Availability

Offers are valid, if there is no advice of a specific duration, for as long as they are visible on the website, subject to availability.

Sales are made subject to actual product availability.

In the event that, despite having received an Order confirmation, the purchased product is no longer available for whatever reason, Kipli SAS will advise the customer promptly with regard to the revised lead time.

The customer can confirm the Order or cancel the Order and request a refund for any amount that has been paid in advance. It is understood that, in the event that the product becomes unavailable, the customer can request the return of any advance payment within 14 days of receipt.

If a refund of the product price is not applicable, Kipli SAS is not under any obligation to pay any compensation for cancellation, unless the breach of contact is directly attributable to Kipli SAS. When an Order covers various products, the products that are available under the Order will be despatched.

ARTICLE 5: Product Pricing

5.1 Sale Price

The sale price of the product will be the price which is in force on the day that the Order was placed.

The prices shown on the website are quoted in Euros and include the shipping and delivery costs for Spain, France, Belgium and Luxembourg and include VAT. Only shipments to the Canary Islands will differ with an additional charge. The prices in the catalogue are subject to change and should be considered as valid until the end of the contractual period. Any additional costs such as duties, dues and / or taxes that are applicable under the governing laws of the country to which the goods will be shipped, will be borne entirely by the customer who agrees to effect direct payment to the tax authorities or customs or mail service for delivery charges.

Regarding deliveries to other geographical areas: unfortunately, Kipli is unable to effect deliveries to Andorra. An additional cost is applicable for certain delivery points: €50.00 for Switzerland and Corsica and €40.00 for the Canary Islands.

The total amount paid by the Customer will be shown on the order confirmation page. If there are promotions shown on the website, Kiplis SAS undertakes to apply the promotional price that appears on the website for any order placed during the period of the promotion advertised on the website.

5.2 Price Changes

Kipli SAS reserves the right to change the product prices at any time whilst guaranteeing the customer that the appropriate price from the Order date will still be applied.

ARTICLE 6: PROCESS CONTROL

6.1 Stages of Contract Execution

Control of the website is subject to procedures established by Kipli SAS via a succession of steps that the customer must follow to validate their Order.

To place an Order via the Website, the customer will need to click on the product of their choice on the web page, select the desired size and quantities and then click on the "Add to Cart" icon in order to place the product in the shopping cart. The customer can add as many products as they want to the basket.

El cliente tendrá la oportunidad, antes de confirmar su pedido, de revisar su cesta para ver el resumen de su orden. Los productos se enumeran con su descripción y su precio. Los clientes pueden visitar, incluyendo los gastos de envío (estándar libre para España) y la cantidad total de su orden.

The customer will have the option, prior to confirming their order, to check their basket to view a summary of their order. The products are listed with their description and their prices. The customer can see the overall cost, including the standard shipping costs (if applicable) and the total value of their order.

The customer will also have the option, prior to confirming their order, to return to the previous pages and correct any errors and / or modify their Order and then confirm their acceptance of our Terms and Conditions.

The customer should read these Terms and Conditions and agree to same in order to definitively validate their order.

The customer can validate their order by clicking on "Validate my Order." For the Order to be validated, the payment must be made and when making the payment, a contract is then established between the Customer and Kipli SAS (the "Agreement").
An email confirming receipt of the order and the payment will be sent to the Customer as soon as possible to the email address that has been provided by the Customer on their order.

6.2 Rejection of Orders for legitimate reasons

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

6.3 Amendments to the Order

Any changes made to the Order by the customer after the Order Confirmation has been sent, are subject to the explicit agreement of Kipli SAS.

ARTICLE 7: PAYMENT METHODS

7.1 Payment Methods

Payment for the goods can be made by credit card, PayPal or via bank transfer. The customer authorises and accepts the fact that, Kipli SAS, once the order has been placed, proceeds to debit the specified amount as due authorisation has been provided to debit the contracted amount from the payment card / account provided.

7.2 Data

Debit or credit card data transmitted when making a purchase, will be communicated directly to the payment service provider, such as a bank or financial operator, not to the seller. Therefore, the supplier is unable to store payment data provided by the customer and which has been transmitted directly to the financial entity that will manage the payment services.

7.3 Payment via Bank Transfer

When paying by bank transfer, the seller will proceed with despatching the order only after receipt of payment, including a copy of the bank transfer, which the customer must send by email to: [email protected], indicating the order number and the buyer's name.

7.4 Payment in 3 Instalments

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

The first instalment will be debited at the time of purchase to set up the payment method and will cover one third of the order value. The second instalment will be debited 30 days after the customer has placed the order and will correspond to one third of the total purchase price. The final instalment will be made 60 days after the order has been placed, (the final third of the total). For example, for an order value of €1,200 the first payment would be for €400 followed by two (2) further instalments of €400 each.

In the event that payment has not been made, the subsequent instalments will be cancelled and the remaining balance will be requested to be paid at once. If the customer opts to exercise their right to withdraw the order, Kipli SAS will refund the total amount paid.

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

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

If the customer's credit card expires prior to the third payment instalment + 7 days, the order will be rejected by Kipli SAS.

7.6 Rights of ownership

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

ARTICLE 8: DELIVERY

8.1 Payment and Delivery

Kipli SAS offers its customers in Spain, France, Belgium and Luxembourg, a "standard" delivery with an indicative lead time of ten (10) to fifteen (15) working days from the order being placed by the customer. The customer will be contacted by the shipping company either via email or SMS messaging, with a link providing the delivery details. The customer will need to be present on the delivery date as the courier company will be unable to provide a precise time.

PFor orders outside Spain, France, Belgium and Luxembourg, the lead time will be shown in the control process, prior to confirmation of the order, and may vary, depending on the products ordered, the country of destination and the delivery method chosen by the customer.

Limited to cases where the buyer is a consumer, delivery of products shall not exceed 30 days from the date of the order confirmation. In the event that delivery is not made within the 30 days, the customer can request the seller to effect the delivery within a revised, appropriate time frame. The customer should not set up these extra time frames in the following situations:

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

– If the customer has informed Kipli SAS, prior to concluding the contract, that abiding by the term agreed by the parties for delivery of the goods is considered to be essential.

If undeliverable, the Customer shall have the right to terminate this Agreement.

8.2 Delivery Address

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

Delivery will be made to the address provided by the client at the time of placing their order and is at their risk.

Information provided by the Customer at the time of placing the order, commits them to this responsibility.

Kipli SAS is absolved of any liability for defects or delays in delivery in the event that the customer has failed in their contractual obligations, as a consequence of an unforeseen third party event or in the event of Force Majeure with regard to the contract. If the customer provides an incorrect or incomplete address, this will also be considered as a failure, as will the absence of the customer's receiving of the order on the given date, or the client's absence at the time of delivery. In such cases, the costs of returning the goods 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 courier company makes the Products available to the Customer or to a designated third party as evidenced by the courier company's control systems. Unless proven otherwise, no dispute relating to the actual delivery will be possible if the package appears to have been delivered, as authenticated by the delivery company's computer systems.

8.4 Malfunctions, Damages, Damaged packaging

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

Any claims for damage or partial loss must, in any event, be notified to Kiplis SAS as soon as possible - at the latest, within a period of three (3) days after receipt of the order - by email to: [email protected] or by post with a tracked receipt, without prejudice to the customer's right of appeal against Kipli SAS, under the conditions and restrictions established by law and governed by these Terms and Conditions.

8.5 Late Delivery

8.5.1 Information

If the despatch is going to be delayed, the customer will receive an email with the relative information regarding the revised delivery date that has been proposed.

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

8.5.2 Cancellation of the Contract

In any event, the customer will have the right to cancel the contract if the delivery of their order has not been made on the date that was originally advised.

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

The customer must first contact Kipli SAS by registered mail with an acknowledgement of receipt addressed as follows: Kipli SAS, 15 Rue Beautreillis 75004 París, or by email to the following address: [email protected], in order to arrange for delivery within a later, reasonable period of time.

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

The contract is considered to have been cancelled upon receipt of notification thereof by post or by email from Kipli SAS.

However, the customer is entitled to cancel the contract immediately if Kipli SAS refuses to deliver the order on the date that was initially notified to the customer, provided this date was given as an essential condition of the contract by the customer. This condition must have been essential in regard to the circumstances relating to the conclusion of the contract or, a specific request by the customer prior to concluding the contract.

8.6 Delivery and Transfer of Risk

The risk of loss or damage to the products ordered is transferred to the customer when they, or a designated third party, take physical possession of the products, regardless of their function or type.

Products delivered to the customer via a carrier contracted by Kipli SAS, travel at Kipli SAS's risk.

The risk of damage to the merchandise and / or the products delivered to the customer by a carrier chosen by the customer, will be undertaken by them (the customer) from the moment that the goods are handed over by Kipli SAS to the customer's duly appointed carrier.

8.7 Transfer of Ownership

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

Article 9: Legal Right to Cancellation and Return

9.1 Terms and timings covering the Right to Cancellation and Withdrawal

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

The purchaser and / or user, will have a minimum period of fourteen calendar days in which to exercise their right of withdrawal. Provided that the seller has complied with the duty of information and documentation covered in Article 69.1, the term referred to in the previous section will be calculated from the receipt of the goods covered under the contract or, from the conclusion of the contract if the object of the contract was the provision of services. If the seller has not complied with the duty of information and documentation on the right of withdrawal, the term for exercising this will end twelve months after the expiration date of the initial withdrawal period which will count from the time the contracted goods were delivered or a contract had been entered into, if the purpose of the contract was the provision of services. If the duty of information and documentation has been fulfilled during the aforementioned twelve month period, the legally established period for exercising the right of withdrawal will start to count from that time.

In order to determine the observance of the withdrawal period, the date of issue of the declaration of withdrawal will be taken into account.

For the Mattresses:

Without limitations to the right of resolution provided by law, the customer has the right to return the mattress (standard sizes only) within 100 days from the date of delivery in the event they are not satisfied with their purchase and Kipli SAS will undertake the reimbursement of the expenses incurred for the purchase. A return will be possible provided that the products have not been damaged or worn. The return will be Kipli's responsibility.

This right to withdrawal is not possible for a buyer who has previously purchased a mattress and Kipli SAS has already activated this right to withdrawal.

The right to withdrawal applies for professional entities when the following three strrict conditions are met:

-the contract must be concluded outside the establishment,

-the object of the contract will not fall within the scope of the company's main activity,

-the number of company employees must be less than or equal to five.

9.2. Forms for Exercising the Right of withdrawal and the Customer's Obligations

9.2.1 The buyer can make their declaration (the form attached to this SMT) by sending a written communication via registered mail with an acknowledgement of receipt or PEC containing the product code for the item ordered. Alternatively, it is also possible to send an email to: [email protected] However, this will only be considered as valid if there is an immediate response from the seller's email. Otherwise, the seller does not accept responsibility for the non-receipt or lack of communication resulting from the sending of a simple email.

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

-Place the complete product that is to be returned, if possible, in its original packaging, and in any event, in secure, water-tight packing;

-Attach to the paperwork, if possible, a copy of the purchase invoice or any other details which will help to identify the order;

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

With the exception of certain cases, the carrier will be responsible for retrieving the product. Bear in mind the fact that each second withdrawal attempt is considered to be a completed delivery, which may incur additional costs. In this case, Kipli SAS will be obliged to recoup these costs from the Customer.

9.2.3 The customer will be responsible for any damage that may occur to the product resulting from incorrect handling which is not suitable for the type and specific features of the product(s).

9.3 Direct Costs of Returning the Products

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

9.4 Effects of Exercising the Legal Right of Withdrawal

In the event that the customer exercises their right to withdrawal, Kipli SAS will return to the customer any monies that have been paid, including shipping costs, (excluding aditional costs which have arisen as a result of the customer's choosing a different or more expensive shipping method which exceeds the price of the standard mode of transport proposed by Kipli SAS).
Reimbursement of the amounts paid will be made to the bank account on the Order as quickly as possible but no later than fourteen (14) days from the date on which Kipli SAS has been informed of the customer's decision of withdrawal and Kipli SAS has received all the products which are scheduled to be returned.
A refund of the total amount paid to Kipli SAS will be made when Kipli SAS receives all the returned products for which the right of withdrawal was exercised or when the customer has presented 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, delivery/billing address) and other details relevant to the payment, etc.

Generally, the information collected by Kipli SAS is essential in order to execute the customer's order. If the customer does not fill in the required fields, Kipli SAS will be unable to respond to their requirements.

This information is necessary for executing the contract and the management and monitoring of Kipli SAS's commercial relationships with its clients, which is why the data is mandatory.

This information and data may also be used by Kipli SAS for internal research purposes, in particular to enable Kipli SAS to improve their quality of service in order to constantly improve their ability to meet customers' expectations.

Customer may receive emails or SMS messages from Kipli SAS regarding offers for similar products or services to those they have made previously. The customer can, at any time, decide not to receive these messages in future, without incurring any costs, in accordance with the specifications of each delivery.

Customers can, if they wish, register that they do not wish to receive sales and marketing calls.

10.2 The Recipients of Personal Data Information

Personal data is not subject to any commercial use by third parties. The database on which customer information is stored is not available for resale or commercial use by third parties.

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

10.3 Security of Personal Data

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

 

10.4 Period of Validity for Retention of Personal Data

Kipli SAS retains the personal data for the time necessary for its operations in compliance with current regulations. For additional information, you can have a look at Point 7.

10.4.1 Bank Card Details

Bank card details which are transmitted when effecting a purchase will be communicated directly to the payment service provider (a bank or financial operator) and not to the seller. Therefore, the supplier does not store data regarding the payment method used by the customer as this is transmitted directly to the financial provider or third parties responsible for the administration of these payment services.

10.4.2. Other Customer Data (excluding bank cards)

Other customer data will be retained by Kipli SAS for the duration of the commercial relationship. Once the commercial relationship has ended, the customer's personal data is retained for fiscal 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 which have not been ordered for a period of three (3) years after the commercial relationship has ended.

Kipli SAS may retain customers' personal data for the purposes of analysis or preparation of statistical collection during the period of the commercial relationship. If Kipli SAS wishes to use this data beyond the lifetime of the commercial relationship, for analysis or statistical reporting, the data will become irreversibly anonymous by removing all personal data which includes data that identifies a customer indirectly.

10.4.3. Data belonging to Users / Non-Customers

The data belonging to people 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 of this prospective customer, unless the account details have been deleted prior to this. In any event, the data will be deleted once the account has been archived.

10.5 Rights of access, corrections, cancellation and opposition to the treatment and right to establish specific guidelines for the conservation, elimination or communication of data after death.

In accordance with the legal provisions, the customer has to right to access, consult or modify their data or delete it, provided Kipli SAS is in agreement to permitting them, if necessary, to correct, update, block or delete any personal data that is inaccurate, incomplete, misleading or obsolete.

The customer also retains the right to object to the processing of their personal data for legitimate reasons and has the right to object to this data being used for marketing purposes.

If the customer was a minor at the time their data was collected, they can request that Kipli SAS deletes all their personal data, in accordance with the law. As soon as such applications are seen to comply 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 non-compliance with removal of the data, the customer can approach the CNIL which will rule on this request within three (3) weeks from the date of receipt of the claim.

The customer has the right to define general and specific guidelines for the maintenance, deletion and disclosure of personal data after death. The customer is informed that (i) their guidelines can be modified or revoked at any time and that (ii) they can freely designate a person who is responsible for the application of these guidelines. .

In order to protect our customers, Kipli SAS only responds to requests regarding personal data after requesting the client to prove their identity by presenting one side of their identification document, preferably in black and white. As a consequence of exercising the right of access or correction, the data related to the identity documents provided will be retained for a period of one (1) year. As a consequence of exercising the right of opposition, this data may be archived for a period of three (3) years.

In order to exercise any of these rights, the Customer can submit a request by email to the following address: [email protected] 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 terminal (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 will not damage the uers's terminal.

Kipli.com may process some user information regarding your visit to the website such as, pages viewed, searches performed. This information allows Kipli.com to improve the content of the website and the user's navigation thereof.

For further information, see the "thank you" footnote, point 9.1.

ARTICLE 11: LIABILITY

Kipli SAS does not accept liability for any instances of non-execution or poor execution of a contract, either by the customer or due to the overwhelming and unexpected interference of a third party to the contract or in the case of Force Majeure.

Kipli SAS is not responsible in any event for non-compliance of the product with legislation other than E.U. laws.

ARTICLE 12: Intellectual Property

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

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

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

ARTICLE 13: GUARANTEES

13.1 The Products Offered on the Website are covered by the legal guarantees of E.U. legislation.

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

The purpose of this law incorporates Directive 1999/44/EC of the European Parliament and of the Council, of May 25th 1999, covering certain aspects of the sale and guarantees pertaining to consumer goods.

The directive establishes a set of measures aimed at guaranteeing a uniform minimum level of consumer protection within the framework of the internal markets in each and every one of the Member States. To this end, it introduces the principle of conformity for the goods within a contract and is applicable to cases of contracts for the sale of consumer products which have been entered into between the seller and the purchaser. The provisions of the directive are mandatory in that it is not possible to agree to clauses which exclude or limit the rights to which the consumer is entitled. Consequently, this law grants a compulsory aspect to all the rights recognised therein.

The Law, in accordance with the directive from which it emanates, contains two essential aspects that refer, on the one hand to the legal framework of the guarantee in relation to the rights recognised by the law itself to guarantee the conformity of the goods within the contract of sale and, on the other hand, lay down the commercial guarantees that, additionally, can be offered to the consumer. The purpose of the guarantee's legal framework is to provide the consumer with different options with regard to demanding redress when the goods purchased are not in conformity with the contract, and providing the customer with the choice of demanding reparation by replacing said goods, unless this is either impossible or disproportionate. If the repair or replacement is not possible or is unsuccessful, the customer may demand a price reduction or termination of the contract. A period of two years applies, from the moment of purchase, which will enable the consumer to effectively make use of these rights, (in the case of second-hand goods, a shorter period of no less than one year may be agreed to) and a period of three years, also counted from the time of purchase, so that the consumer can exercise, where appropriate, the appropriate legal actions.

As regards the commercial guarantee offered by the seller or the manufacturer of the goods, it must place the consumer in a more advantageous position in relation to the rights already granted to consumers by this law. All commercial guarantees must be visible in a written document that clearly lays out the essential aspects which are necessary for their application. Publicity relating to the guarantee is considered to form an integral part of the conditions of the guarantee.

The Directive is added to to the list that appears in the annex to the Directive 98/27/CE, relating to the matter of injunctions in matters concerning the protection of consumers' interests, for which it has been necessary to include an article to introduce the cessation actions against conduct that is contrary to the provisions of this law.

The interchange rule has the rank of Law since it affects both the system of inequities of sale, regluated in Articles 1.484 and in accorance with the Civil Code, and the regulation of a commercial guarantee which is included in Articles 11 of the General Law for Consumer and User Defense and 12 of Law 7/1996, of the 15th January governing the Regulation of the Retail Trade. Any modifications that are carried out thereto, involve creating a specific regime which is applicable for civil sales contracts for consumer goods which have been entered into between consumers and professional sellers. The management of cleaning up any hidden defects of the Civil Code remains unchanged, being applicable to civil sales which are not included in the scope of the directive. The system contained in the Retail Trade Regulation Law continues to be applicable with regard to regulating the aspects of a commercial guarantee which are not included in this law.

In conclusion, the actions needed to repair and / or replace the items which have been sold, to reduce their price and / or to terminate the sale provided for in this law replace, in the arena of sales of consumer goods, prohibitory and quanti minoris actions arising from restructuring due to hidden defects leaving compensatory actions that will protect the buyer.

As a result of such incidents, this law has been drawn up under the umbrella of the provisions of Article 149.1.6.ª and 8.ª of the Constitution which give the State exclusive jurisdiction in matters of commercial, procedural and civil legislation.

 

13.2 General Principles

The seller is required to deliver to the consumer, goods that are in accordance with the contract of sale under the terms laid out in this law.
For the purposes of this law, sellers are the actual legal persons who, within the framework of their professional activities, sell consumer goods. In this instance, consumer goods are seen to be tangible personal property that is intended for private use.
For the purposes of this law, consumers are deemed to be as defined as such in Law 26/1984, of the 19th July, entitled General Protection for Consumers and Users (customers).

13.3 Scope of Application.

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

Included in the scope of the application of this law are contracts for the supply of consumer goods which are produced or manufactured.

13.4 Conformity of the Goods in accordance with the Contract.

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

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

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

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

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

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

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

13.5 Seller's Responsibility and Consumer's Rights.

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

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

13.6 Repair and / or Replacement of the Goods.

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

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

13.7 Rules for the Repair or Replacement of the Goods.

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

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

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

c) Repairs will suspend the calculation of the terms referred to in Article 9 of this law. The period of suspension will commence from the time that the consumer makes the goods available to the seller and will end with delivery to the consumer of the repaired goods. For a period of six months after the repaired goods have been delivered, the seller will be liable for the lack of conformity which gave rise to the repair, assuming it is the same lack of conformity when defects of the same origin as those which were manifested initially, are reproduced in the goods.

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

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

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

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

13.8. Price Reduction and Termination of the Contract.

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

13.9. Criteria for Price Reductions.

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

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

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

13.12 With Reference to any Questions Related to Legal Guarantees.

The customer should contact Kipli SAS at the following email address: [email protected] or by regular mail to: Kipli SAS, 15 Rue Beautreillis 75004 Paris.

ARTICLE 14: LITIGATION - MEDIATION

14.1 In the Event of a Dispute

The customer must initially contact Kipli SAS Customer Services in writing at: [email protected] or by letter via a registered mail service to the postal address of Kipli SAS who are obliged to respond promptly.

14.2 In the Event of Failure of a Claim

Contact should be made with Customer Services and if there is a lack of response from Customer Services within two (2) months of sending the request, the customer is entitled to use a consumer advocate in order to find an amicable resolution of the dispute with Kipli SAS.

If the consumer has sent a written complaint and has not received a response within two (2) months, they should then file a claim. A mediator should be instructed within a maximum period of one year from the date of the original communication.

The mediator is MEDIATION-NET.

You can have a look at their website or contact them at the following address:

www.mediation-net-consommation.com – or by mail to MEDIACIÓN-NET – 34, rue des Spruce – 75017 PARIS

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

The buyer can choose to have the claim heard in the Parisian courts (where Kipli SAS is domiciled), the local courts to where the actual delivery of the product was made or the local courts to the address at which the customer resided at the time the contract was concluded or when the negative occurrence took place.

 

ARTICLE 15 - PARTIAL NULLITY

If one of more provisions of the Conditions are not applicable, or are not valid or are declared as such by virtue of any law, regulation, or as the result of a final decision in a competent jurisdiction, the other provisions of the contract will remain in full force and effect.

ARTICLE 16 - NO WAIVERS

The fact that one of the parties to the GTC does not require the application of any provision, whether permanent or temporary, may in no case be considered to be a waiver of rights under a clause.

ARTICLE 17: APPLICABLE LAW

All the provisions of these conditions, all transactions and sales operations on the website are subject to European, French and Spanish laws.

However, the French law which applies to the contract cannot have the effect of depriving a customer who is resident in another Member State of the mandatory provisions of public order which are less favourable than that granted by their own national laws.

ATTACHMENTS

Right of Withdrawal Form  

 

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

 

Attention Kipli SAS, 15 Rue Beautreillis 75004 Paris – [email protected]

I / We (*) / Notify (*) with my / our (*) of the cancellation of the contract of sale for the goods (*) / for the provision of services (*) as stated below:

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

Buyer (s) Name:

Customer's Address (s):

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

Date:

(*) Delete as appropriate and complete

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