CONTEXT: SELLER'S IDENTITY AND CONTACT INFORMATION

Kipli SAS is a simplified joint-stock company with a capital of 179,400 euros, headquartered at 200 Rue de la Croix Nivert, 75015 PARIS, registered with the Paris Trade and Companies Register (RCS) under number 841 674 302 (SIRET 84167430200051), with the intra-Community VAT number FR 10 841 674 302, which publishes and operates the website https://www.meubleauthentique.live/.

You can contact SAS Kipli (Kipli SAS, Customer Service, 200 Rue de la Croix Nivert, 75015 PARIS) by phone (+34919010175) or by email at (help@meubleauthentique.live).

ARTICLE 1: GENERAL PROVISIONS

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

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

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

1.2 Availability and Application of the Terms and Conditions

The terms and conditions are available for customers to review on the website’s home page, in the “Terms and Conditions” section. SAS Kipli can also provide the terms and conditions upon request by phone, email, or regular mail.

All orders placed through the website are subject to these Terms and Conditions in their entirety.

The Customer must accept the Terms and Conditions by checking the box provided for that purpose, after having read and accepted them, and by confirming that they have full legal capacity based on their age (18 years old), before finally confirming their Order.

1.3 Changes to the Terms and Conditions

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

In the event of changes to the Terms and Conditions, the terms and conditions corresponding to the version published on the website at the time the order is placed shall apply.

ARTICLE 2: THE CUSTOMER

The Customer warrants that he or she is 18 years of age or older and is presumed to have legal capacity or the authorization of his or her parents or guardians, allowing him or her to place an order on this website.

When the Customer's personal data is recorded, the accuracy and completeness of the required data provided by the Customer must be ensured.

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

ARTICLE 3: THE WEBSITE

3.1 Access to the Website

Access to the website is free and unrestricted. Any costs associated with connecting to and/or accessing the Internet are the responsibility of the customer. Kipli SAS strives to ensure the website’s accessibility, without being subject to any obligation to do so. Access to the website may be interrupted for maintenance, updates, or any other technical reason. Kipli SAS assumes no liability at any time for any technical interruptions or their consequences.

3.2 Test

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

ARTICLE 4: THE PRODUCTS

4.1 Product Overview

The products offered for sale are described on the Website and are hereinafter referred to as “product” or “products.” Kipli SAS pays special attention to the presentation and description of these products in order to provide customers with all the necessary information so that they are fully informed about the essential characteristics of each product before placing an order.

For technical reasons (related to photography or product information), the actual product may differ slightly from the photos shown on the website. If you have any questions or need additional information, you can always contact our Customer Service team by email at: help@meubleauthentique.live.

4.2 Compliance

The products comply with the applicable health and safety requirements in effect, as well as with fair trade and consumer protection standards at the time they are placed on the market.

4.3 Product Availability

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

Sales are subject to actual product availability.

If, despite having received an order confirmation, the purchased product is no longer available for any reason, Kipli SAS will promptly inform the customer of the new delivery date.

The customer may confirm the order or cancel the order and request a refund of any amount paid in advance. It is understood that, if the product becomes unavailable, the customer may request a refund of any advance payment within 14 days of receipt.

If a refund of the product price is not applicable, Kipli SAS shall have no obligation to pay compensation for the cancellation, unless the breach of contract is directly attributable to Kipli SAS. When an Order includes multiple products, the available products will be shipped.

ARTICLE 5: PRODUCT PRICES

5.1 Sale Price

The product's selling price will be the price in effect on the day the order was placed.

The prices listed on the website are in euros and include shipping and delivery costs to Spain, France, Belgium, and Luxembourg, as well as VAT. Only deliveries to the Canary Islands will incur an additional charge. The prices listed in the catalog are subject to change and are valid until the end of the contract period. Any additional costs, such as customs duties, fees, and/or taxes applicable under the laws of the country to which the goods are being shipped, will be borne in full by the customer, who agrees to make payment directly to the tax authorities, customs authorities, or the postal service for delivery costs.

Regarding deliveries to other geographic areas: Unfortunately, Kipli is unable to deliver to Andorra. An additional fee applies to certain destinations: €50.00 for Switzerland and Corsica, and €40.00 for the Canary Islands.

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

5.2 Price Changes

Kipli SAS reserves the right to change product prices at any time, while ensuring that the customer is charged the price in effect on the date of the order.

ARTICLE 6: ORDERING PROCESS

6.1 Stages of Contract Execution

The website's verification process is subject to procedures established by Kipli SAS through a series of steps that the customer must follow to confirm their order.

To place an order through the website, the customer must click on the product of their choice on the webpage, select the desired size and quantity, and then click the “Add to Cart” icon to add the product to the shopping cart. The customer can add as many products to the cart as they wish.

Before confirming their order, customers will be able to view their shopping cart to see an order summary. Products are displayed along with their descriptions and prices. Customers can view the total cost, including shipping costs (free for Spain with standard shipping) and the total order amount.

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

The customer must read these Terms and Conditions and accept them to finalize their order.

The customer can confirm their order by clicking “Confirm My Order.” For the order to be confirmed, payment must be made; at the time of payment, a contract is formed between the Customer and Kipli SAS (the “Agreement”).

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

6.2 Refusal of Orders for Legitimate Reasons

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

6.3 Changes to the Order

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

ARTICLE 7: PAYMENT METHODS

7.1 Payment Methods

Payment for products can be made by credit card, PayPal, or bank transfer. The customer authorizes and agrees that Kipli SAS, after the order is placed, may charge the amount due, and the necessary authorization has been granted to charge the agreed-upon amount to the credit card or payment account provided.

7.2 Data

Debit or credit card information provided at the time of purchase will be transmitted directly to the payment service provider—such as a bank or financial institution—and not to the seller. Consequently, the seller cannot store the payment information provided by the customer, since it is transmitted directly to the financial institution that will process the payment.

7.3 Payment by Bank Transfer

If payment is made by bank transfer, the seller will ship the order only after receiving proof of payment, including a copy of the bank transfer, which the customer must email to: help@meubleauthentique.live, indicating the order number and the buyer’s name.

7.4 Payment in 3 Installments

Payment in three (3) installments by credit card is available to customers for the purchase of one or more products totaling 100 €, provided that the customer does not have two (2) orders covered by the 3-installment payment plan.

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

If payment is not made, subsequent installments will be canceled and the remaining balance will be due in full. If the customer chooses to exercise their right to cancel the order, Kipli SAS will refund the total amount paid.

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

When returning an item purchased as part of a multi-item order, the subsequent deadlines will be automatically adjusted.

If the customer's credit card expires before the third installment plus 7 days, the order will be rejected by Kipli SAS.

7.6 Property Rights

Kipli SAS retains ownership of the products sold until it has received full payment, and the customer agrees, until such time as he or she becomes the full owner of the products, to take proper care of the products supplied.

ARTICLE 8: DELIVERY

8.1 Payment and Delivery

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

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

In cases where the buyer is a consumer, delivery of the products must not exceed 30 days from the date the order is confirmed. If delivery is not made within 30 days, the customer may request that the seller make delivery within a reasonable additional period. The customer may not set these additional time limits in the following situations:

– Kipli SAS expressly refused to deliver the goods; or

– The customer informed Kipli SAS, prior to the execution of the contract, that meeting the deadline agreed upon by the parties for the delivery of the goods was essential.

If delivery cannot be made, the Customer shall have the right to terminate this Agreement.

8.2 Shipping Address

Goods will be delivered exclusively to countries in the European Union.

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

The information provided by the Customer at the time of placing the order is binding on the Customer, who assumes full responsibility for it.

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

8.3 Receipt of Products by the Customer

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

8.4 Malfunctions, Damage, and Damaged Packaging

We strongly recommend—though it is not mandatory—that the customer inform the shipping company at the time of delivery of any issues related to the packaging and, if applicable, the type of product (e.g., open packages), and, if the customer refuses to accept the products, that they contact Kipli SAS.

Any claims regarding damage or partial loss must, in any case, be reported to Kiplis SAS as soon as possible—and no later than three (3) days after receipt of the order—by email to help@meubleauthentique.live or by mail with return receipt requested, without prejudice to the customer’s right to seek redress against Kiplis SAS, under the conditions and limitations established by law and governed by these Terms and Conditions.

8.5 Delayed Delivery

8.5.1 Information

If the shipment is delayed, the customer will receive an email with information regarding the proposed new delivery date.

Similarly, customers are strongly encouraged to notify Kipli SAS Customer Service of any late or delayed deliveries. Kipli SAS will be responsible for contacting the carrier involved to locate the order.

8.5.2 Termination of the Contract

In any case, the customer will have the right to cancel the contract if their order has not been delivered by the originally specified date.

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

The customer must first contact Kipli SAS by certified letter with return receipt requested, addressed to: Kipli SAS, 15 Rue Beautreillis, 75004 Paris, or by email to the following address: help@meubleauthentique.live, to request delivery within a reasonable extension of time.

If the products have not been received by this second deadline, the customer may cancel the order again under the same terms indicated above—that is, by sending another registered letter or an email notification.

The contract will be considered terminated upon Kipli SAS's receipt of the relevant notice by mail or email.

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

8.6 Delivery and Transfer of Risk

The risk of loss or damage to the ordered products passes to the customer when the customer, or a third party designated by the customer, takes physical possession of the products, regardless of their function or type.

Products delivered to the customer by a carrier contracted by Kipli SAS are transported at the risk of Kipli SAS.

The risk of damage to goods and/or products delivered to the customer by a carrier chosen by the customer shall be borne by the customer from the moment the goods are handed over by Kipli SAS to the carrier duly designated by the customer.

8.7 Transfer of Ownership

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

ARTICLE 9: LEGAL RIGHT OF CANCELLATION AND RETURN

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

Art. 68.1 The right to rescind a contract belongs to the buyer or user, allowing them to rescind the contract by notifying the other contracting party within the time limit allowed for exercising that right, without having to justify their decision and without being subject to any penalty. Any provisions that impose a penalty on the buyer or user for exercising their right of rescission shall be deemed null and void.

The buyer and/or user has a maximum of fourteen calendar days to exercise their right of withdrawal. Return fees apply. To view them, click here: https://meubleauthentique.live/pt-pt/pages/custos-de-devolucao

Provided that the seller has fulfilled the duty to provide information and documentation set forth in Article 69.1, the period referred to in the preceding section shall be calculated from the date of receipt of the goods covered by the contract or from the date of conclusion of the contract, if the subject matter of the contract is the provision of services. If the seller has not fulfilled the duty to provide information and documentation regarding the right of rescission, the period for exercising this right shall expire twelve months after the end of the initial rescission period, calculated from the time the goods covered by the contract were delivered or from the time the contract was concluded, if the contract concerns the provision of services. If the duty to provide information and documentation has been fulfilled during that twelve-month period, the statutory period for exercising the right of rescission shall begin to run from that moment.

To determine whether the deadline for termination has been met, the date of issuance of the termination notice will be taken into account.

For Mattresses:

Without limiting the right of withdrawal provided by law, the customer has the right to return the mattress (standard sizes only) within 100 days of the delivery date if they are not satisfied with their purchase, and Kipli SAS agrees to reimburse the costs incurred for the purchase. Returns will be accepted provided that the products have not been damaged or used. Kipli will cover the cost of the return.

This right of withdrawal does not apply to a buyer who has previously purchased a mattress and whose right of withdrawal has already been exercised by Kipli SAS.

The right of rescission applies to professional entities when all three of the following strict conditions are met:

• o the contract must be entered into off-premises;
• o the subject matter of the contract cannot fall within the scope of the company's primary business activity;
• The number of employees at the company must be five or fewer.

9.2 Methods of Exercising the Right of Rescission and the Customer’s Obligations

9.2.1

The buyer may submit their statement (the form attached to these Terms and Conditions) by sending a written notice via certified mail with return receipt requested or PEC, including the product code for the ordered item. Alternatively, an email may be sent to: help@meubleauthentique.live. However, this will only be considered valid if the seller responds immediately via email. Otherwise, the seller assumes no responsibility for non-receipt or lack of communication resulting from the sending of a simple email.

9.2.2

The customer must return the item within a maximum of fourteen (14) days from the date of notification of their decision to cancel.

• Place the entire product to be returned, if possible, in its original packaging and, in any case, in secure, waterproof packaging;
• If possible, please include with the documentation a copy of the purchase invoice or any other information that will help identify the order;
• Return the products via the carrier that contacted the customer.

Except in certain cases, the carrier will be responsible for picking up the product. Please note that each subsequent pickup attempt is considered a completed delivery and may result in additional charges. In this case, Kipli SAS will be required to recover these costs from the Customer.

9.2.3

The customer will be liable for any damage to the product resulting from improper handling or handling that is inappropriate given the nature and specific characteristics of the product(s).

9.3 Direct Carriers for Product Returns

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

9.4 Effects of Exercising the Legal Right of Rescission

If the customer exercises their right of withdrawal, Kipli SAS will refund the customer all amounts paid, including shipping costs, except for any additional costs resulting from the customer’s choice of a different or more expensive shipping method that exceeds the price of the standard shipping method offered by Kipli SAS.

Refunds for amounts paid will be issued to the bank account associated with the Order as soon as possible, but no later than fourteen (14) days from the date on which Kipli SAS was notified of the customer’s decision to exercise the right of withdrawal and received all products intended for return.

A refund of the total amount paid to Kipli SAS will be issued once Kipli SAS receives all returned products for which the right of withdrawal has been exercised or once the customer provides proof of shipment.

ARTICLE 10: PROTECTION OF PERSONAL DATA

10.1 Personal Data and Purposes of Use

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

In general, the information collected by Kipli SAS is essential for fulfilling the customer's order. If the customer does not fill out the required fields, Kipli SAS will not be able to meet their needs.

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

This information and data may also be used by Kipli SAS for internal research purposes, specifically to enable Kipli SAS to improve the quality of its services and continuously enhance its ability to meet customer expectations.

The Customer may receive emails or text messages from Kipli SAS regarding offers for products or services similar to those previously purchased. The Customer may, at any time, choose to stop receiving these messages in the future, at no cost, in accordance with the instructions provided in each communication.

Customers may, if they wish, opt out of receiving sales and marketing calls.

10.2 Recipients of Personal Data

Personal data may not be used for commercial purposes by third parties. The database where customer information is stored is not available for resale or commercial use by third parties.

Any personal data collected is intended for use by Kipli SAS and may be shared confidentially with service providers acting on behalf of Kipli SAS to facilitate the proper fulfillment of the customer's order.

10.3 Security of Personal Data

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

10.4 Retention Period for Personal Data

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

10.4.1 Credit Card Information

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

10.4.2 Other Customer Information (excluding credit cards)

The remaining customer data will be retained for the duration of the business relationship. After the business relationship ends, the customer’s personal data will be retained in an archive for tax purposes for a period of five (5) years.

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

Kipli SAS may retain customers’ personal data for the purposes of analysis or the preparation of statistical reports during the term of the business relationship. If Kipli SAS intends to use this data beyond the term of the business relationship for the purposes of analysis or statistical reporting, the data will be irreversibly anonymized by removing all personal data, including any that could indirectly identify a customer.

10.4.3 User Data / Non-Customers

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

10.5 Rights of Access, Rectification, Erasure, and Objection to Processing, and the Right to Issue Specific Instructions Regarding the Retention, Deletion, or Disclosure of Data After Death

In accordance with legal provisions, the customer has the right to access, view, or modify their data, or to have it deleted, provided that Kipli SAS agrees to do so, if necessary, to correct, update, block, or delete any personal data that is incorrect, incomplete, misleading, or outdated.

The customer also retains the right to object to the processing of their personal data on legitimate grounds and has 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 request that Kipli SAS delete all of their personal data, in accordance with the law. Once such requests are deemed 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 if it fails to delete the data, the customer may file a complaint with the CNIL, which will rule on the request within three (3) weeks of receiving the complaint.

The customer has the right to establish general and specific guidelines regarding the retention, disposal, and disclosure of their personal data after their death. The customer is informed that (i) their guidelines may be modified or revoked at any time and that (ii) they may freely designate a person responsible for implementing those guidelines.

To protect our customers, Kipli SAS will only respond to requests regarding personal data after asking the customer to verify their identity by providing a copy of one side of their identification document, preferably in black and white. Consequently, when exercising the right of access or rectification, the data related to the identification documents provided will be retained for a period of one (1) year. When exercising the right to object, this data may be retained for a period of three (3) years.

To exercise any of these rights, the Customer may submit a request by email to the following address: help@meubleauthentique.live or by mail 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 their device (e.g., computer or smartphone), hereinafter referred to as “cookies.” This file contains information such as the user’s domain name, their Internet service provider, their operating system, and the date and time of access. Cookies will not damage the user’s device.

meubleauthentique.live may process certain information about your visit to the website, such as the pages you viewed and the searches you performed. This information allows meubleauthentique.live to improve the website's content and your browsing experience.

For more information, see the footnote titled “Thank you,” section 9.1.

ARTICLE 11: LIABILITY

Kipli SAS assumes no liability for any failure to perform or defective performance of a contract, whether by the customer, due to the unavoidable and unforeseeable intervention of third parties in the contract, or in the event of force majeure.

Kipli SAS shall in no event be liable for any failure of the product to comply with legislation other than that of the European Union.

ARTICLE 12: INTELLECTUAL PROPERTY

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

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

Anyone wishing to include, for personal use, a direct link from their website to the home page of the Kipli website must request prior authorization. Under no circumstances will such authorization be deemed implied.

ARTICLE 13: WARRANTIES

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

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

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

The directive establishes a set of measures designed to ensure a uniform minimum level of consumer protection within the internal markets of each Member State. To that end, it introduces the principle of conformity of goods with the contract and applies to contracts for the sale of consumer goods entered into between the seller and the buyer. The provisions of the directive are mandatory, and it is not possible to agree to terms that exclude or limit the rights to which the consumer is entitled. Consequently, this law makes all rights recognized therein mandatory.

The Law, in accordance with the directive from which it derives, contains two essential aspects concerning, on the one hand, the legal framework for the warranty regarding the rights recognized by the Law itself to ensure the conformity of goods with the sales contract and, on the other hand, the commercial warranties that may additionally be offered to the consumer. The purpose of the legal warranty framework is to provide consumers with various options to seek a remedy when the goods purchased do not conform to the contract, allowing them to choose between requesting repair or replacement of such goods, unless this is impossible or disproportionate. If repair or replacement is not possible or is unsuccessful, the consumer may request a price reduction or termination of the contract. A two-year period applies from the date of purchase, during which the consumer may effectively exercise these rights (in the case of used goods, a shorter period may be agreed upon, but never less than one year), and a three-year period, also counted from the date of purchase, during which the consumer may, where applicable, bring the corresponding legal actions.

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

The Directive is added to the list set forth in the annex to Directive 98/27/EC on injunctions for the protection of consumers’ interests; it was necessary to include an article introducing actions aimed at bringing to an end conduct that violates the provisions of this law.

The exchange rule has the force of law, since it affects both the rules governing sales-related inequalities, as governed by Articles 1,484 et seq. of the Civil Code, as well as the regulations governing commercial warranties set forth in Article 11 of the General Law on the Protection of Consumers and Users and Article 12 of Law 7/1996, of January 15, on the Retail Trade Regime. Any changes made to this regime entail the creation of a specific regime applicable to civil contracts for the sale of consumer goods entered into between consumers and professional sellers. The provisions of the Civil Code regarding hidden defects remain unchanged and apply to civil sales not covered by the scope of the directive. The system set forth in the Retail Trade Regulation Act continues to apply with respect to the regulation of aspects of the commercial warranty not covered by this law.

In conclusion, the remedies provided for in this law—including repair and/or replacement of the items sold, price reduction, and/or rescission of the sale—replace, in the context of the sale of consumer goods, the actions for injunctive relief and for a reduced price arising from the restructuring due to latent defects, while the actions for compensation intended to protect the buyer remain in effect.

As a result of these incidents, this law was drafted pursuant to the provisions of Article 149.1.6 and 8 of the Constitution, which grant the State exclusive authority over commercial, procedural, and civil legislation.

13.2 General Principles

The seller is required to deliver to the consumer goods that comply with the sales contract, in accordance with the terms set forth in this law.

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

For the purposes of this law, consumers are those defined as such in Law No. 26/1984, of July 19, known as the General Law on the Protection of Consumers and Users (customers).

13.3 Scope of Application

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

Contracts for the supply of consumer goods that are produced or manufactured fall within the scope of this law.

13.4 Conformity of the Goods with the Contract

1. Unless proven otherwise, it is presumed that the goods supplied comply with the contract and meet all the requirements listed below, except where, due to specific circumstances in each case, any of them may not apply:

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

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

(c) The goods are fit for any specific purpose required by the customer and communicated by the buyer to the seller at the time the contract is concluded, provided that the seller has stated that the goods are fit for that purpose.

(d) The goods possess the quality and benefits that are typical of goods of the same type and that the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, any advertising regarding specific characteristics of the goods made by the seller, manufacturer, or their representatives, particularly with respect to advertising or labeling. The seller shall not be bound by such public statements if the seller can prove that the seller was unaware of, or could not reasonably have been aware of, the statement in question; that the statement had been corrected at the time the contract was concluded; or that the statement could not have influenced the consumer’s decision to purchase the goods in question.

1. A lack of conformity resulting from the incorrect installation of the goods shall be treated as a lack of conformity of the goods when the installation is included in the sales contract and was performed by the seller or under the seller’s responsibility, or by the consumer when the defective installation results from an error in the assembly instructions.
2. There shall be no liability for lack of conformity of goods of which the consumer was aware or could not reasonably have been unaware at the time the contract was concluded, nor for lack of conformity resulting from materials supplied by the consumer.

13.5 Seller Liability and Consumer Rights

The seller shall be liable to the buyer for any lack of conformity existing at the time of delivery of the goods. Under this law, the consumer has the right to request repair or replacement of the goods, a price reduction, or termination of the contract.

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

13.6 Repair and/or Replacement of the Goods

1. If the goods do not conform to the contract, the consumer may choose to request either repair or replacement of the goods, unless one of these options is impossible or disproportionate. Once the consumer informs the seller of their decision, both parties must respect it. The consumer’s decision shall be understood without prejudice to the provisions of the following article regarding cases in which repair or replacement does not improve the quality of the goods, such that they continue to be nonconforming to the contract.
2. Any form of remedy is considered disproportionate if it imposes costs on the seller that, compared to other forms of remedy, are unreasonable, taking into account the value the goods would have had if they had been in conformity and/or if the significance of the lack of conformity were considered disproportionate and/or if the alternative form of remedy could be carried out without causing significant inconvenience to the consumer.

13.7 Rules for the Repair or Replacement of Goods

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

(a) It shall be free of charge to the consumer and shall include all expenses necessary to remedy the defect(s) in the goods supplied under the contract, including any transportation costs, as well as labor and material costs.

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

(c) Repairs shall suspend the running of the time limits referred to in Article 9 of this law. The suspension period shall begin when the consumer makes the goods available to the seller and shall end upon delivery of the repaired goods to the consumer. For a period of six months following the delivery of the repaired goods, the seller shall be liable for the lack of conformity that gave rise to the repair, provided that it is the same lack of conformity, should defects of the same origin as those initially manifested reappear in the goods.

(d) The replacement suspends the time limits referred to in Article 9 regarding the exercise of the option until the new replacement goods are delivered. In any case, the second paragraph of Article 9.1 shall apply to the replaced goods.

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

(f) If the goods continue to fail to conform to the contract after replacement, the buyer shall have the right to demand that they be repaired, within the limits set forth in Section 2 of Article 5, or to demand a price reduction or termination of the contract in accordance with Articles 7 and 8 of this law.

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

13.8 Price Reduction and Termination of the Contract

A price reduction and/or termination of the contract shall occur as chosen by the consumer when the consumer cannot demand repair or replacement, and in cases where such repair or replacement has not been carried out within a reasonable time or without causing significant inconvenience to the consumer. Termination shall not apply when the lack of conformity is of minor importance.

13.9 Criteria for Price Reductions

The price reduction shall be proportional to the difference between the value the goods would have had at the time of delivery had they been in conformity with the contract and the actual value of the goods delivered at that time.

13.10

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

13.11

The warranty covering compliance, including hidden defects, is extended to up to 5 years for furniture.

13.12 Regarding Questions About Legal Guarantees

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

ARTICLE 14: DISPUTES – MEDIATION

14.1 In the Event of a Dispute

The customer must first contact Kipli SAS Customer Service in writing via: help@meubleauthentique.live or by certified mail sent to the postal address of Kipli SAS, which undertakes to respond promptly.

14.2 If the Complaint Is Denied

The Customer Service Department should be contacted, and if no response is received from the Customer Service Department within two (2) months after the request is submitted, the customer has the right to seek the assistance of a consumer mediator to reach an amicable resolution to the dispute with Kipli SAS.

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

The mediator is MEDIATION-NET.

You can visit her website or contact her 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 case, the customer always has the option of taking the matter to court.

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

ARTICLE 15 – PARTIAL INVALIDITY

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

ARTICLE 16 – NO WAIVER

The fact that one of the parties to the General Terms and Conditions does not require the enforcement of a provision, whether permanent or temporary, shall in no event be deemed a waiver of the rights arising from that provision.

ARTICLE 17: APPLICABLE LAW

All provisions of these terms and conditions, as well as all transactions and sales conducted on the website, are subject to European, French, and Spanish law.

However, the French law applicable to the contract may not have the effect of depriving a customer residing in another Member State of the mandatory public policy provisions that are less favorable than those provided by that State’s national law.

APPENDICES

Right of Withdrawal Form

"Fill out and submit this form only if you wish to exercise your right to cancel the contract."

Please note: Kipli SAS, 15 Rue Beautreillis, 75004 Paris – help@meubleauthentique.live

I/We () / I hereby notify () of my/our () decision to cancel the contract for the sale of the following goods () / for the provision of the following services (*):

Order No. () / Received on ():

Name(s) of the buyer(s):

Customer address(es):

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

Date:

(*) Cross out whatever does not apply and fill in the rest.