PREAMBLE: SELLER’S IDENTITY AND CONTACT INFORMATION

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

ARTICLE 1: GENERAL PROVISIONS

1.1 Purpose of the General Terms and Conditions of Sale (hereinafter “the GTC”) and Scope of Application

These Terms and Conditions of Sale are intended to define the terms of sale between KIPLI SAS and adults (aged 18 or older) with full legal capacity acting for their personal needs as consumers (hereinafter “the Customer(s)”) for the purpose of placing an order (hereinafter “the Order(s)”) via the Website. These Terms and Conditions do not govern the provision of services or the sale of products by entities other than KIPLI SAS that may be present on the Website via links, banners, or other hypertext links. KIPLI SAS shall in no event be liable for the provision of services or the sale of products by third parties, or for the conclusion of e-commerce transactions between Customers or users of the Site and third parties.

1.2 Availability and Enforceability of the Terms and Conditions

The Terms and Conditions are made available to Customers on the Website’s home page under the “Terms and Conditions” tab, where they can be viewed directly. KIPLI SAS may also provide the Terms and Conditions upon the Customer’s request by phone, email, or mail. All Orders placed on the Website are subject to these Terms and Conditions in their entirety. The T&C are binding on the Customer, who acknowledges, by checking a box provided for this purpose, that they have read and accepted them, while guaranteeing that they have full legal capacity and are of legal age (at least 18 years old) before definitively confirming their Order.

1.3 Changes to the Terms and Conditions

KIPLI reserves the right to amend or modify these Terms and Conditions at any time. In the event of any changes to the Terms and Conditions, the version in effect is the one posted on the Website at the time the Order is placed.

ARTICLE 2: THE CUSTOMER

The Customer represents that he or she is a natural person, at least 18 years of age, and has legal capacity or holds parental consent allowing him or her to place an Order on the Site. When registering their personal data, the Customer must ensure the accuracy and completeness of the required information provided. The Customer agrees not to make any purchases for resale, as defined in Article L.110-1 of the French Commercial Code, and declares that their Order is not directly related to any professional activity and is strictly for personal use.

ARTICLE 3: WEBSITE

3.1 Access to the Site

Access to the Site is free of charge. Internet connection and access fees are the responsibility of the Customer. KIPLI SAS endeavors to keep the Site accessible but is under no obligation to do so. Access to the Site may be interrupted for maintenance, updates, or any other technical reason. KIPLI SAS is in no way liable for these technical interruptions or any resulting consequences. 

3.2 Evidence

Unless proven otherwise, the data recorded by KIPLI SAS shall constitute proof of all transactions between KIPLI SAS and its Customers.

ARTICLE 4: PRODUCTS

4.1 Product Overview

The products offered for sale are those described on the Website (hereinafter “the Product(s)”). KIPLI takes the utmost care in presenting and describing these Products to provide Customers with the most accurate information possible, so that they can familiarize themselves with the essential characteristics of each Product before placing a final Order. For technical reasons (photographic and IT-related), the actual appearance of the Products may sometimes differ slightly from the photos shown on the Site. In case of doubt, or to obtain additional information or photos, you may contact Customer Service by email at the following address: hello@kipli.com.

4.2 Compliance

The Products comply with the applicable regulations regarding occupational health and safety, fair trade practices, and consumer protection at the time they are placed on the market.

4.3 Product Availability

Unless otherwise specified, Product offers are valid as long as they are visible on the Website, while supplies last. Sales are subject to the actual availability of the Products. In the event that, despite confirmation of the Order, the purchased Product is no longer available for any reason, KIPLI SAS will promptly inform the Customer of the estimated delivery time. The Customer may then confirm the Order or cancel the Order and request a refund of any amount paid in advance. It is understood that in the event of product unavailability, the Customer may request a refund of any advance payment, which will be issued no later than 14 days from receipt of the request. Apart from the refund of the price of the unavailable Product, KIPLI SAS is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it. When the Order concerns multiple Products, the available Products in the Order will be delivered.

ARTICLE 5: PRODUCT PRICES

5.1 Sale Price

The sale price of the Product is the price in effect on the date of the Order. The prices listed on the website are in euros and include shipping and handling costs for mainland France, Belgium, and Luxembourg, as well as VAT, where applicable. The prices listed in the catalog are subject to change and are valid until the purchase process is completed. All additional costs, such as duties, taxes, and other levies under the laws of the country where the products are shipped, are the sole responsibility of the customer, who agrees to pay them directly to the tax authorities, as well as any customs or shipping fees.

5.2 Price Changes

KIPLI SAS reserves the right to change its prices at any time, while guaranteeing that the Customer will be charged the price in effect on the date of the Order.

ARTICLE 6: ORDERING PROCESS

6.1 Steps in the Contract Formation Process

Placing an Order on the Website is subject to compliance with the procedure established by KIPLI SAS, which consists of a series of steps that the Customer must follow in order to confirm the Order. To place an Order via the Website, the Customer must click on the Product of their choice displayed on the Website, select the desired size and quantity, and then click on the “Add to Cart” icon to place the Product in the shopping cart. The Customer may add as many Products to their cart as they wish. Before finalizing their Order, the Customer will have the opportunity to go to their shopping cart to view a summary of their Order. The Products will be listed along with their descriptions and prices. The Customer will be able to see the shipping cost (free standard shipping for mainland France) and the total amount of their Order. The Customer will also have the option, before definitively confirming their Order, to return to previous pages and correct any errors and/or modify their Order before confirming it to express their acceptance. The Customer must read these Terms and Conditions and accept them in order to definitively confirm their Order. By definitively confirming the Order by clicking on the “Confirm my order ", the Customer is obligated to pay for the Order, and a contract is formed between the Customer and KIPLI SAS (hereinafter "the Contract"). An email acknowledging receipt of the Order and payment is sent to the Customer as soon as possible to the email address provided during the Order process.

6.2 Refusal to Confirm the Order for Valid Reasons

KIPLI SAS reserves the right to refuse any Order if it is abnormal, placed in bad faith, or for any other legitimate reason, and in particular if the quantities of Products ordered are abnormally high given the Customer’s status as a consumer, or if there is a dispute with the Customer regarding a previous order.

6.3 Modifying the Order

Any changes to an Order made by the Customer after the Order has been confirmed are subject to the express approval of KIPLI SAS.

ARTICLE 7: PAYMENT TERMS

7.1 Payment Methods

Payment for products may be made by credit card, PayPal account, or bank transfer. The Customer authorizes and agrees that KIPLI SAS, upon receipt of the Order, may charge or request authorization to charge the payment card used.

7.2 Data

Credit card information provided during purchases will be transmitted directly to the payment service provider—such as a bank or financial institution—and not to the seller. Consequently, the Supplier does not store any data regarding the payment methods used by the Customer; such information is transmitted directly to the third-party provider that manages the payment services.

7.3 Payment by bank transfer

For payments made by bank transfer, the seller will ship the order only after receiving proof of payment, in the form of a copy of the bank transfer, which must be emailed to hello@kipli.com with the order number and the buyer’s name in the subject line.

7.4 Payment in three installments

Customers may pay in three (3) installments, by credit card only, when purchasing one or more products totaling more than €100, provided that the Customer does not currently have two (2) orders being paid in three installments. The first installment is charged at the time of order and corresponds to one-third of the order amount. The second installment, also one-third of the amount, is charged 30 days after the order, and the final installment 60 days after the order (one-third of the amount). For example, for an order of €1,200 (including tax) worth of products, the first installment will be €400 (including tax), and the next two (2) installments will each be €400 (including tax). In all cases of non-payment, the remaining installments are canceled, and the amount sought for collection is equal to the total remaining balance owed by the Customer. If the Customer decides to exercise their right of withdrawal, KIPLI SAS will refund all amounts paid. In the event of a backorder for an item in a multi-product order, the subsequent installments are automatically adjusted. If an item is returned in a multi-product order, the subsequent payment installments are automatically adjusted. If the Customer’s credit card expires before the third payment installment of the three-installment payment plan plus 7 days, the order will be declined by KIPLI.

7.5.1 Pay for your order in 3, 4, or 10 installments by credit card for purchases ranging from €50 to €5,000 with Alma

The Seller offers its Customers Alma’s credit service for the payment of their purchases and the processing of payments. This is subject to the Customer’s acceptance of the Terms of Use or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of that order.
Any termination of the Terms and Conditions of Sale binding the Customer and the Seller results in the termination of the Terms of Use or the credit agreement between Alma and the Customer.
Payment in three or four installments is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase Amount:

Only purchases between 50 and 5,000 are eligible for payment with Alma
Fees:When paying in installments with Alma, the Customer does not pay any fees except in the following cases:
For 4-installment payments:2.34%
For 10-installment payments:4.5%
Alma is a remote payment processor and issues an electronic certificate that serves as proof of the transaction amount and date in accordance with the provisions of Articles 1316 et seq. of the Civil Code

Termination: Any termination of the General Terms and Conditions (GTC) binding the Seller and the customer shall result in the termination of the Terms of Use (TOU) between Alma and the customer.
Furthermore, only for payments in 5 installments or more (e.g., in 10 installments), also add the following to your General Terms and Conditions (GTC) (in accordance with Article L312-45, under penalty of a fine):
The amount is paid via a credit facility granted by Alma SAS, registered with REGAFI under number 90876.
Payment:Credit payment is available for settling purchases through our partner Alma; the execution of the payment is subject to the signing of the credit agreement proposed by Alma. The Seller agrees in advance to the credit agreement entered into between Alma and the customer in accordance with Article L312-46 of the French Consumer Code. If Alma agrees to grant credit to the customer, the amount will be paid via credit in accordance with Article L312-45 of the French Consumer Code. Any refusal by Alma to grant credit for an order may result in its cancellation, unless the customer agrees to pay in cash. Any termination of the Terms and Conditions binding the Seller and the customer results in the termination of the credit agreement between Alma and the customer. In the event of withdrawal, the customer’s fees and interest will be refunded in accordance with regulations.
Security:Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma is a remote payment processor and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code
Special Case: In the case of a sales contract or a contract for the provision of services involving successive performance or delivery over a relatively long period, the Seller must specify in its Terms and Conditions the start date of delivery or provision. For further details, please contact the Alma team atsupport@getalma.eu.

7.5.2 Paying for your order with Younited

KIPLI offers its customers Younited’s credit service for the settlement of their purchases and the processing of payments. This is subject to the customer’s acceptance of the credit agreement offered by Younited.

KIPLI acts as an agent for Younited’s banking operations. KIPLI assists in the processing of credit transactions.
Any refusal by Younited to grant credit for an order may result in the cancellation of said order."
Any termination of the Terms and Conditions binding the customer and KIPLI results in the termination of the credit agreement between Younited and the customer.

The amount is paid through a credit facility granted by Younited, registered with REGAFI under number 13156, and authorized as a credit institution by the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4 Place de Budapest - CS 92459 - 75436 PARIS CEDEX 09 - www.acpr.banque-france.fr).

If you wish to file a complaint, please refer to the information provided on the Younited website:https://www.younited-credit.com/media/202352/politique-de-gestion-des-reclamations_site-yc_2023-vf.pdf

About Younited: Younited is a credit institution and partner of KIPLO, which manages the installment payment solution offered on the website.

FAQ: Visit the “Frequently Asked Questions” page to learn more about using Younited Pay.

7.6 Retention of Title

KIPLI SAS retains ownership of the Products sold until full payment of the purchase price has been made, and the Customer agrees, until ownership is transferred to the Customer, to take all necessary precautions to ensure the proper preservation of the Products.

ARTICLE 8: DELIVERY

8.1 Shipping Methods and Delivery Times

KIPLI SAS offers its customers in mainland France, Belgium, and Luxembourg “standard” delivery with an estimated delivery time of ten (10) to fifteen (15) business days after the customer places an order (excluding the Turinois bed base and futon). The Customer will be contacted by the carrier after placing their Order (by phone, email, or text message) to schedule a delivery appointment for orders of standard-size mattresses, bed bases (excluding Turinois), and furniture. The appointment will be scheduled based on the Customer’s availability, subject to the carrier’s availability. A delivery window will be communicated to the Customer by the carrier the day before delivery. This time slot is set by the carrier, and the Customer must be available;

It is the Customer’s responsibility to verify that delivery of the products is possible, taking into account their dimensions, which are provided in advance on the product pages and in the shopping cart. If there are any constraints preventing delivery to the home, the Customer will not be able to refuse the delivery. The Customer may not hold KIPLISAS liable, and return shipping costs will be the Customer’s responsibility.Click here to calculate the costs.

8.2 Shipping Address

Products will be delivered exclusively to mainland France and to all member countries of the European Union. Delivery is made to the shipping address provided by the Customer at the time of and in connection with their Order. The information provided by the Customer when placing the Order is binding on the Customer. KIPLI SAS disclaims all liability for defects or delivery delays resulting from the Customer’s fault, unforeseeable and insurmountable acts by a third party to the Contract, or force majeure. In particular, the following are considered to be the Customer’s fault: providing an incomplete or incorrect address; failing to collect the package within the specified timeframe; or the Customer’s absence from their residence at the time of the delivery appointment. In such cases, the costs of reshipment shall be borne by the Customer.

8.3 Receipt of Products by the Customer

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

8.4 Irregularities, damage, damaged packages

The Customer is strongly advised (though not required) to notify the carrier at the time of delivery of any concerns regarding the packaging and, if applicable, the condition of the Products (e.g., an open package), and, if necessary, to refuse the Products and also notify KIPLI SAS. Any justified complaint regarding damage or partial loss must in any event be reported as soon as possible to KIPLI SAS and no later than three (3) days, excluding holidays, following receipt of the Products, via email (hello@kipli.com) or by registered letter with return receipt, without prejudice to the Customer’s right to pursue remedies against KIPLI SAS under the conditions and within the limits provided by law and these Terms and Conditions.

8.5 Delayed Delivery

8.5.1 Notification In the event of a shipping or delivery delay known to KIPLI SAS, an email notification will be sent to the Customer as soon as possible, and a new shipping or delivery date will be proposed. At the same time, the Customer is strongly advised to report any delivery delay to KIPLI SAS Customer Service as soon as possible. KIPLI SAS will then conduct an investigation with the postal service and/or the relevant carriers to locate the package. 8.5.2 Termination of the Contract In any event, the Customer shall have the right to terminate the Contract if delivery of their Order has not occurred by the delivery date initially indicated to them. The exercise of this right of termination is subject to the provisions of Article L.216-2 of the French Consumer Code: the Customer must first, as an initial step, notify KIPLI SAS, by registered letter with return receipt requested sent to the following address: KIPLI SAS, 200 Rue de La Croix Nivert, 75015 PARIS, or by email sent to the following address: hello@kipli.com, to make the delivery within a reasonable additional period. If the Products have not been received by the end of this new period, the Customer may then, as a second step, terminate the Contract under the same terms, namely by sending a new registered letter with return receipt requested or another email. The Contract is considered terminated upon KIPLI SAS’s receipt of the letter or written notice informing it of such termination, unless KIPLI SAS has fulfilled its obligations in the meantime. However, the Customer may immediately terminate the Contract if KIPLI SAS refuses to deliver on the delivery date initially indicated to the Customer, provided that this date constitutes an essential condition of the Contract for the Customer. This essential condition arises from the circumstances surrounding the conclusion of the Contract or from an express request by the Customer prior to the conclusion of the Contract.

8.6 Delivery and Transfer of Risk

The risk of loss or damage to the Products passes to the Customer at the moment the Customer, or a third party designated by the Customer, takes physical possession of the Product(s), regardless of their nature. The Product, which is delivered to the Customer by a carrier chosen by KIPLI SAS, travels at the risk of KIPLI SAS. The Product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the Customer’s risk from the moment the goods are handed over to the carrier.

8.7 Transfer of Ownership

Ownership of the Product is transferred to the Customer on the date of shipment, unless full payment of the price has not been received, in accordance with Section 7.6.

ARTICLE 9: STATUTORY RIGHT OF WITHDRAWAL AND REFUND

9.1 Conditions and Time Limit for Exercising the Right of Withdrawal

Pursuant to the provisions of Article L.221-18 of the French Consumer Code, the Customer has the right to exercise their right of withdrawal without having to justify their decision or bear any costs other than those provided for in Articles L.221-23 through L.221-25 of the French Consumer Code. The withdrawal period (applicable only to mainland France, Belgium, and Luxembourg) expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the Product(s) from their Order. In the event that the Customer orders multiple Products in a single Order, but these Products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the Customer or a third party other than the carrier designated by the Customer takes physical possession of the last Product from their Order. Return shipping costs are the responsibility of the customer (except for the mattresses listed below).
For the Premium natural latex mattress or the Ultime hybrid mattress in standard size: Without limiting the right of withdrawal provided by law, a customer who, after purchasing and trying out the mattress, is not satisfied may request, within the first 100 days from the delivery date, the return of their order and a refund of the costs incurred for the purchase. Returns are permitted provided the product shows no damage or signs of wear that would diminish its value (valid only for mainland France, Belgium, and Luxembourg, and for available sizes—excluding specific and custom sizes). Return shipping costs are covered by Kipli. However, this right of withdrawal does not apply to a buyer who has previously purchased a Kipli mattress and already exercised this right of withdrawal. The right of withdrawal between businesses applies provided that three strict conditions are met: the contract must be concluded off-premises, the subject matter of the contract must not fall within the company’s main field of activity, and the company must have five or fewer employees.

Please note that, in accordance with current Swiss law, the 14-day right of withdrawal does not apply to the products we offer. All orders are final and binding once they have been confirmed.

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

9.2.1 The buyer may submit the declaration (using the form attached to these Terms and Conditions) by sending a written notice via certified mail with return receipt requested or certified email (PEC) that includes the product’s order number. Alternatively, a simple email to hello@kipli.com may be used; however, this email will only be considered valid if the seller responds immediately to the received communication. Otherwise, the seller assumes no liability in the event of non-receipt or failure to read the communication sent by simple email. 9.2.2 The Customer must then, without undue delay and no later than fourteen (14) days following notification of their decision to withdraw: -place the complete Products they wish to return in their original packaging and, in any case, in new condition; -include, if possible, a copy of the purchase invoice or any other document identifying the Order in question; -return the complete Products via the carrier who will contact the Customer. Except in specific cases, the carrier will be a premium carrier who will schedule a pickup. Please note that any second delivery attempt due to the Customer’s absence during the scheduled time window will be billed to us as a full delivery; therefore, we will be required to charge for this return for any second delivery attempt. 9.2.3 The Customer may be held liable in the event of any depreciation of the Products resulting from handling other than that necessary to establish the nature and essential characteristics of the Products.

9.3 Direct costs of returning Products

If the Customer exercises their right of withdrawal, the direct costs of returning the item will be borne by the Customer.

9.4 Effects of Exercising the Legal Right of Withdrawal

If the Customer exercises their right of withdrawal, KIPLI SAS will refund the Customer the full amount paid, including any delivery charges (except for additional costs resulting from the Customer’s choice, if applicable, of a delivery method more expensive than the standard delivery method offered by KIPLI SAS or additional services, such as assembly or removal of old bedding). The refund of the amounts paid will be made to the bank account debited at the time of the Order, as soon as possible and no later than fourteen (14) days from the date on which KIPLI SAS is informed of the Customer’s decision to withdraw, provided that KIPLI SAS has received all the Products intended for return. Reimbursement of all amounts paid to KIPLI SAS will be deferred until KIPLI SAS has recovered from the Customer all Products for which the right of withdrawal is exercised or until the Customer has provided proof of shipment of such Products, whichever occurs first.

9.5 Cancellation following multiple visits by the carrier

Our carrier’s service includes one delivery attempt within a 2-hour time slot. If the customer is not present during this first attempt without having given at least 48 hours’ notice, KIPLI reserves the right to charge the customer for the carrier’s subsequent delivery attempts at cost. If the customer wishes to cancel their order following one or more unsuccessful delivery attempts by the carrier due to the customer’s absence, the additional costs for these extra attempts may be deducted from the order refund.

ARTICLE 10: PROTECTION OF PERSONAL DATA

10.1 Personal Data and Purposes

Placing an Order requires the Customer to provide certain personal information (name, email address, shipping and billing addresses, payment method details, etc.). Generally speaking, the information collected by KIPLI SAS is essential for fulfilling the Customer’s requests. If the Customer does not fill in these required fields, KIPLI SAS will not be able to fulfill their requests. The data identified as required is necessary for processing Orders as well as for managing and monitoring KIPLI SAS’s business relationships with its Customers. This information and data may also be used by KIPLI SAS for internal statistical purposes, in particular to enable KIPLI SAS to improve the quality of its services and better meet Customer expectations. In addition, the Customer may receive, via email or SMS, offers from KIPLI SAS regarding Products or services similar to those that were the subject of a previous Order. The Customer may opt out of these communications at any time, free of charge, for future communications, in accordance with the procedures specified in each message. Notwithstanding the foregoing, the Customer is informed that they may, if they wish, register free of charge on the do-not-call list.

10.2 Recipients of Personal Data

Personal data is not used for commercial purposes by third parties. Databases containing customer information are not created for the purpose of resale or commercial use by a third party. The personal data collected is intended for use by KIPLI SAS and may be shared on a confidential basis with service providers acting on behalf of KIPLI SAS, specifically to enable the processing of the purposes outlined above.

10.3 Security of Personal Data

KIPLI SAS has taken all necessary precautions and implemented appropriate organizational and technical measures to ensure the confidentiality and security of the personal data it processes and to prevent such data from being altered, damaged, or destroyed, or accessed by unauthorized third parties.

10.4 Retention Period for Personal Data

KIPLI SAS retains personal data only for as long as necessary to fulfill the purposes for which it was collected and in compliance with applicable regulations. For more information, please refer to Section 7 of our Legal Notice. 10.4.1 Credit Card Data Credit card data transmitted during purchases will be communicated directly to the payment service provider—such as a bank or financial operator—and not to the seller. Consequently, the Supplier does not store data relating to the payment instruments used by the Customer, which will be transmitted directly to the third-party provider managing the payment services. 10.4.2. Other Customer Data (excluding credit cards) Other Customer data is retained for the duration of the business relationship. Beyond the business relationship, Customers’ personal data is retained for evidentiary purposes, in the form of an interim archive, for a period of five (5) years. KIPLI SAS may use Customer data to send them offers for Products or services similar to those that were the subject of a previous Order, for a period of three (3) years from the end of the business relationship. KIPLI SAS may retain Customers’ personal data for the purposes of analysis or the compilation of aggregated statistics throughout the duration of the commercial relationship. Beyond the commercial relationship, if KIPLI SAS wishes to use this data for analysis or to compile aggregated statistics, the data will be irreversibly anonymized by purging all personal data, including indirectly identifying data. 10.4.3. Data of Non-Customer Prospects Data regarding individuals who have registered on the Site without placing an Order (hereinafter “Non-Customer Prospects”) is retained for a period of three (3) years from the date of collection or the last contact initiated by the Non-Customer Prospect, unless the account has been deleted earlier. In any event, the data will be deleted as soon as the account is deleted

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

In accordance with applicable legal provisions, the Customer has the right to access, review, correct, and delete personal data concerning him or her held by KIPLI SAS, allowing him or her, where appropriate, to have such personal data corrected, supplemented, updated, blocked, or deleted if it is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure, or retention is prohibited. The Customer also has the right to object to the processing of their personal data for legitimate reasons, as well as the right to object to the use of such data for marketing purposes. If the Customer was a minor at the time their data was collected, they may also request that KIPLI SAS delete their personal data, in accordance with legal requirements. Provided the request complies with legal provisions, KIPLI SAS will delete the personal data in question as soon as possible. If, exceptionally, KIPLI SAS fails to respond within one (1) month or fails to delete the relevant data, the Customer may file a complaint with the CNIL, which will rule on the request within three (3) weeks of receiving the complaint. Finally, the Customer has the right to establish general and specific guidelines regarding the retention, erasure, and disclosure of their personal data following their death. The Customer is informed that they (i) may modify or revoke these guidelines at any time and that they (ii) may freely designate a person responsible for carrying out these guidelines. To ensure the protection of Customers, KIPLI SAS will only respond to requests related to their personal data, and they will be asked to verify their identity before their request is honored by providing only the front side of an ID document, preferably in black and white. If the right of access or rectification is exercised, the data related to the identification documents will be retained for one (1) year. If you exercise your right to object, this data may be archived for three (3) years. To exercise any of these rights, simply submit a request by email to the following address: hello@kipli.com or by mail to KIPLI SAS, 200 Rue de La Croix Nivert, 75015 PARIS.

10.6 Cookies

A “cookie” is a small data file sent to the User’s browser and stored on the User’s device (e.g., computer, smartphone) (hereinafter “Cookies”). This file contains information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies do not pose any risk of damaging the User’s device. kipli.com may process information about the User’s visit to the Site, such as the pages viewed and searches performed. This information allows kipli.com to improve the Site’s content and the User’s browsing experience. For more information, please refer to the Legal Notice, Section 9.1.

ARTICLE 11: LIABILITY

KIPLI SAS shall not be held liable under any circumstances for any failure to perform or improper performance of the Contract resulting from the Customer’s actions, an insurmountable and unforeseeable act by a third party to the Contract, or a force majeure event. KIPLI SAS shall not be held liable for the Product’s non-compliance with any legislation other than French law. It is the responsibility of the Customer residing in a Member State other than France to verify that the Product is not prohibited for sale in their country.

ARTICLE 12: INTELLECTUAL PROPERTY

All elements of the Site are and remain the exclusive property of KIPLI SAS or the holders of such rights who have granted KIPLI SAS a license to use them. Accordingly, none of the content appearing or available on the Site may be, in whole or in part, copied, reproduced, displayed, used, republished, downloaded, posted, transmitted, or distributed in any manner whatsoever without the prior written consent of KIPLI SAS. Any individual who maintains a personal website and wishes to place, for personal use, a simple link on their site that directs users directly to the Site’s homepage must obtain prior authorization from KIPLI SAS. Under no circumstances shall this constitute an implied affiliation agreement.

ARTICLE 13: WARRANTIES

13.1 The Products offered on the Site are covered by the statutory warranties under French law.

All Products sold on the Site are covered by the legal warranty of conformity (Articles L.217-4 et seq. of the Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the Civil Code). Reminder of Articles L.217-4, L.217-5, and L.217-12 of the Consumer Code, and Articles 1641 and 1648, first paragraph, of the Civil Code: Article L.217-4 of the Consumer Code: “The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.” Article L.217-5 of the Consumer Code: “The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; – if it possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling; 2° Or whether it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, brought to the seller’s attention, and which the seller has accepted.” Article L.217-12 of the Consumer Code: “The right to bring an action for lack of conformity expires two years from the delivery of the goods. ” Article 1641 of the Civil Code: “The seller is liable under the warranty for latent defects in the item sold that render it unfit for the use for which it is intended, or that so impair such use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of them. ” Article 1648 of the Civil Code, first paragraph: “An action arising from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

13.2 Procedures for Exercising the Legal Warranty of Conformity and Consequences

The seller is required to deliver a Product that complies with the Contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, provided that such installation was the seller’s responsibility under the contract or was carried out under the seller’s supervision. When invoking the statutory warranty of conformity, the Customer: has a period of two years from the delivery of the Product to take action; -may normally choose between repair or replacement of the Product, subject to the provisions of Article L.217-9 of the Consumer Code. -is exempt from providing proof of the Product’s lack of conformity during the twenty-four (24) months following delivery of the Product. In this case, KIPLI SAS undertakes, at the Customer’s discretion: either to replace the Product with an identical Product subject to availability, or to refund the price of the Product if replacement proves impossible, or to refund a portion of the price of the Product if the Customer decides to keep the Product.

13.3 Procedures for exercising the statutory warranty against hidden defects in the Product within the meaning of Article 1641 of the Civil Code, and consequences

The Customer may choose to invoke the warranty against hidden defects in the item sold, as provided for in Article 1641 of the Civil Code. In such a case, the Customer may choose between rescission of the sale or a reduction in the purchase price, in accordance with Article 1644 of the Civil Code. In this case, KIPLI SAS agrees, at the Customer’s discretion, either to refund the full price of the returned Product or to refund a portion of the Product’s price if the Customer decides to keep the Product.

13.4 The warranty for mattresses.

The warranty covering compliance and hidden defects is extended to 10 years for mattresses.

13.5 Warranty for furniture.

The warranty covering compliance and hidden defects is extended to 5 years for furniture.

13.6 Claims under Statutory Warranties

For any inquiries regarding legal warranties, the Customer must contact KIPLI SAS at the following email address: hello@kipli.com, or by mail at KIPLI SAS, 200 Rue de La Croix Nivert, 75015 PARIS.

ARTICLE 14: DISPUTES – MEDIATION

14.1 Disputes

In the event of a dispute, the Customer should first contact KIPLI SAS Customer Service at the following email address: hello@kipli.com or by certified mail with return receipt requested. KIPLI SAS will respond as soon as possible.

14.2 Failure of the claim request

If the complaint submitted to Customer Service is unsuccessful or if no response is received from Customer Service within two (2) months, the Customer may seek the assistance of a consumer mediator to resolve the dispute with KIPLI SAS amicably.
The Customer is informed that they may, in any event, resort to conventional mediation in accordance with the provisions of Articles L 611-1 et seq. of the French Consumer Code.
Kipli is a member of the Mediation Service of the Association of European Mediators (AME).
Mediator’s contact information: AME CONSO, 11 Place Dauphine – 75001 PARIS
https://www.mediationconso-ame.com/demande-de-mediation-ame.html

14.3 In any event, the Customer shall always have the right to bring the matter before a court.

The Customer may bring an action before the courts of Paris (where KIPLI SAS is located), the courts of the place where the Product was actually delivered, or the courts of the place where the Customer was residing at the time the Contract was entered into or the harmful event occurred.

ARTICLE 15 – PARTIAL INVALIDITY

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

ARTICLE 16 – NO WAIVER

The fact that one of the parties to the Terms and Conditions has not enforced any provision, whether on a permanent or temporary basis, shall in no event be construed as a waiver of that party’s rights under such provision.

ARTICLE 17: GOVERNING LAW

All provisions of these Terms and Conditions, as well as all transactions and purchases made through the Site, are governed by French law. However, the application of French law to the Contract shall not deprive a Customer residing in another Member State of the more favorable mandatory public policy provisions that would be granted to them under their national law.

APPENDIX

WITHDRAWAL FORM “Please complete and return this form only if you wish to withdraw from the contract. Attention: KIPLI SAS, 200 Rue de La Croix Nivert, 75015 PARIS – hello@kipli.com I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) listed below: Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is submitted in paper form) Date: (*) Delete as appropriate