P > General conditions of sale
Online products to specific consumers

 
 
Preamble
 
The present general conditions of sale apply to all sales made on the website Skandinav.
 
The website Skandinav.fr is a service of:
-Individual company Etienne Hurpin
-located 76 rue Gabriel Peri 92700 colombes, France
-URL to the site: Skandinav.fr
-e-mail: info@Skandinav.fr
-telephone number: 0768839889
The Skandinav website markets the following products: Protection Housse for Mobilier.
The customer declares that he has read and accepted the general conditions of sale prior to the placing of his order. The validation of the order therefore implies acceptance of the general conditions of sale.
 
Article 1-Principles
 
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, including those applicable to sales in-store or through other distribution and marketing channels.
They are accessible on the Skandinav website and will prevail, if any, on any other version or other contradictory document.
The seller and the buyer agree that the present general conditions govern exclusively their relationship. The seller reserves the right to modify its terms and conditions on time. They will be applicable as soon as they are online.
Should a condition of sale fail, it would be considered to be governed by the usages in force in the sector of the distance selling whose companies are based in France.
The present general conditions of sale are valid until 31 July 2021.
 
 
Article 2-Content
 
The purpose of these general conditions is to define the rights and obligations of the parties in the framework of the online sale of goods offered by the seller to the buyer, from the website Skandinav.
These conditions apply only to purchases made on the site of Skandinav and delivered exclusively in metropolis or Corsica. For all delivery in the DOM-TOM or abroad, a message should be sent to the following e-mail address: etiennehurpin@gmail.com.
These purchases are for the following products: Protective Cover for Furniture.
 
Article 3-Pre-contractual information
 
The purchaser acknowledges having communicated, prior to the placing of his order and the conclusion of the contract, in a legible and understandable manner, the present general conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.
 
The following information shall be transmitted to the purchaser in a clear and understandable manner:
-the essential characteristics of the property;
-the price of the property and/or the method of calculating the price;
-where applicable, any additional charges for transportation, delivery or postage and any other costs that may be payable;
-in the absence of immediate execution of the contract, the date or the period at which the seller undertakes to deliver the property, regardless of its price;
-information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of digital content and, where appropriate, its interoperability, the existence and the arrangements for the implementation of guarantees and other contractual conditions.
 
Article 4-Order
 
The buyer has the possibility to place his order online, from the online catalogue and by means of the form which appears in it, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or of the ordered property.
In order for the order to be validated, the buyer will have to accept, by clicking on the place indicated, the present general conditions. It will also have to choose the address and delivery method, and finally validate the method of payment.
The sale will be considered final:
-after sending to the buyer the confirmation of acceptance of the order by the seller by e-mail;
-and after payment by the seller of the entire price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place in the context of a possible exchange and guarantees mentioned below.
In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can call the following telephone number: 0768839889 (cost of a local call), on the following days and times: from Monday to Friday, from 9am to 4pm, or send an email to the seller at the following email address: etiennehurpin@gmail.com.
 
Article 5-Electronic signature
 
The online supply of the buyer's bank card number and the final validation of the order will be worth proof of the buyer's agreement:
-due to the sums due under the purchase order;
-signature and express acceptance of all operations performed.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this is used, to contact the seller at the following telephone number: 0768839889.
 
Article 6-Order confirmation
 
The seller provides the buyer with a confirmation of order, by e-mail.
 
Article 7-Proof of transaction
 
The computerized records, kept in the vendor's computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
 
Article 8-Product information
 
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are proposed within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with respect to this submission, the seller's liability could not be incurred.
The photographs of the products are not contractual.
 
Article 9-Price
 
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not take into account the delivery charges, charged in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected on the price of the products of the online shop.
If one or more taxes or contributions, including environmental taxes, were created or modified, both upwards and downwards, this change may be reflected in the selling price of the goods.
 
Article 10-Method of payment
 
This is an order with a payment obligation, which means that the placing of the order implies a settlement of the buyer.
To settle its order, the buyer has, at its choice, all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorisations to use the method of payment chosen by him, during the validation of the purchase order. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. The seller reserves, in particular, the right to refuse to carry out a delivery or to honour an order from a buyer who would not have completely or partially paid a previous order or with which a dispute of payment would be in the course of administration.
The payment of the price is made in full on the day of the order, according to the following terms:
-credit card
-paypal
 
 
Article 11-Availability of products-Repayment-Resolution
 
Except in the case of force majeure or during the closing periods of the online shop which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the confirmation email of the order.
For deliveries in France Metropolitaine and Corsica, the time limit is 5 to 15 days from the day following the day on which the buyer placed his order, according to the following terms: by Colissimo and by LaPoste. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or time limit, the buyer must, before breaking the contract, direct the seller to execute the contract within a reasonable period of time.
In the absence of execution at the expiration of this new period, the buyer will be free to terminate the contract.
The buyer will have to complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract will be considered as resolved at the receipt by the seller of the letter or in writing informing it of this resolution, unless the trader has executed in the meantime.
However, the buyer may immediately resolve the contract, if the dates or deadlines given above constitute an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to reimburse the purchaser of all amounts paid, no later than 14 days after the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The purchaser will then have the option of claiming either the refund of the amounts paid within 14 days of their payment or the exchange of the product.
 
Article 12-Delivery arrangements
 
Delivery refers to the transfer to the consumer of physical possession or control of the property. The products ordered are delivered in accordance with the terms and time specified above.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer will have to ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be returned to the buyer's expense. The purchaser may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this effect on the purchase order.
If the buyer is not present on the day of delivery, the shipper will leave a pass notice in the mailbox to remove the package at the specified time and place.
If the original package is damaged, torn or opened at the time of delivery, the buyer shall check the condition of the goods. In case of damage, the buyer must reject the packing and indicate his reservation on the delivery note (the packing is rejected due to opening or damage).
The buyer shall indicate on the delivery note any abnormality related to delivery (damage, product loss related to the delivery note, package damage, product damage, etc.) in the form of handwritten reservation.
Once the delivery order is signed by the buyer or the person authorized by the buyer, the verification shall be deemed to have been completed.
Then, the buyer shall confirm these reservations to the carrier by registered mail within two working days after receiving the goods, and send a copy to the seller by fax or ordinary mail, the address of which is shown in the legal statement on site.
If the products need to be returned to the seller, the Seller shall apply for return within 14 days after delivery. Any claim made outside this period will not be entertained. Only when the product is in the original state (packaging, accessories, packaging instructions, etc.), can the product be returned.
 
Article 13 - delivery errors
 
The buyer shall, on the day of delivery or not later than the first working day after delivery, lodge a claim against the seller for delivery error and / or non conformity of the goods or quality with the description in the purchase order. Any claim filed beyond this period will be rejected.
The buyer may choose:
-The telephone numbers are as follows:;
-Email to: info@Skandinav.com.
Any claim not made within the above rules and time limit will not be considered and the seller will be exempted from any liability to the buyer.
After receiving the claim, the seller will assign an exchange number to the relevant products and send it to the buyer by e-mail. Only after the exchange number is assigned can the product exchange be carried out.
In case of delivery or exchange error, any product requiring exchange or refund shall be returned to the seller in its original package (Colissimo is recommended) at 76 rue Gabriel peri, 92700 columbes.
The cost of return shall be borne by the seller.
 
Article 14 - product warranty
 
14-1 legal compliance assurance
The seller is the guarantor of the conformity of the goods sold to the contract and allows the buyer to make a claim under the statutory guarantee specified in Article 1. 217-4 and below.
In the case of implementation of statutory compliance assurance, attention should be paid to:
-The buyer has the right to take action within two years after the delivery of the goods;
-The buyer may choose between repairing or replacing the property in accordance with the cost conditions specified in Article 1. Articles 217-17 of the consumer code;
-For new goods, the buyer does not need to prove that the goods are not in conformity with the contract within 24 months after the goods are issued (6 months for second-hand goods).
 
14-2 legal guarantee of hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller is the guarantor of the hidden defects that may affect the sold property. It will be for the purchaser to prove that the defects existed in the sale of the property and are such as to render the property unsuitable for its intended use. This guarantee must be implemented within two years of the discovery of the defect.
The purchaser may choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
 
 
Article 15-Right of withdrawal
 
Application of the right of withdrawal
In accordance with the provisions of the code of consumption, the buyer has a period of 14 days from the date of delivery of his order, to return any article that does not suit him and to request the exchange or refund without penalty, with the exception of the costs of return that remain at the expense of the buyer.
Returns are to be carried out in their original and complete state (packaging, accessories, notice ...) allowing them to be remarketed to the new state, accompanied by the purchase invoice.
Damaged, saline or incomplete products are not included.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other form of withdrawal declaration is accepted. It must be unambiguous and express the will to withdraw.
In case of exercise of the right of withdrawal within the aforementioned period, shall be refunded the price of the product (s) purchased and the delivery costs shall be refunded.
The cost of return is the responsibility of the buyer.
The exchange (subject to availability) or the refund will be made within 48 hours, and at the latest, within the period of 14 days from the receipt by the seller of the products returned by the buyer under the conditions specified above.
 
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
-the supply of goods whose price depends on fluctuations in the financial market outside the control of the trader and liable to occur during the withdrawal period;
-the supply of goods made according to the consumer's specifications or clearly customised;
-provision of goods liable to deteriorate or perish rapidly;
-the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
-the supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
-supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
-maintenance or repair work to be carried out in emergency at the consumer's home and expressly requested by the consumer, within the limits of spare parts and works strictly necessary to respond to the emergency;
-provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
-provision of a newspaper, periodical or magazine, except for subscription contracts to such publications;
-provision of digital content not provided on a material support whose execution began after prior express consent of the consumer and renunciation of its right of withdrawal.
 
Article 16-Force majeure
 
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be regarded as causes of relief from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
It shall be considered as a case of force majeure all facts or irresistible circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonable efforts. Explicit, are considered to be the case of force majeure or fortuitous cases, in addition to those usually held by the case-law of the French courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the stopping of telecommunication networks or difficulties peculiar to telecommunications networks external to customers.
The parties will review the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure is longer than three months, the present general conditions may be terminated by the injured party.
 
Article 17-Intellectual Property
 
The content of the website remains the property of the seller, the sole owner of the intellectual property rights in that content.
The purchasers undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of infringement.
 
Article 18-Informatics and freedoms
 
The nominative data supplied by the purchaser is necessary for the processing of its order and the preparation of invoices.
They may be communicated to the partners of the seller responsible for the execution, processing, management and payment of orders.
The processing of the information provided through the Skandinav website has been the subject of a declaration to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition in relation to the information concerning him. This right may be exercised in accordance with the terms and conditions defined on the Skandinav site.
 
Article 19-Partial non-validation
 
If one or more of the provisions of these General Terms and Conditions are held as invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their strength and scope.
 
Article 20-Non-renunciation
 
The fact that one of the parties does not avail itself of a breach by the other party to any of the obligations referred to in the present general conditions cannot be interpreted for the future as a waiver of the obligation in question.
 
Article 21-Title
 
In case of difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
 
Article 22-Language of contract
 
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in the event of a dispute.
 
Article 23-Mediation and settlement of disputes
 
The buyer can resort to conventional mediation, including the Consumer Mediation Committee or existing sectoral mediation bodies, or any alternative dispute resolution mechanism (conciliation, for example) in case of dispute. The names, contact details and e-mail addresses of the Ombudsman are available on our website.
 
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up a Dispute Resolution platform, facilitating the independent resolution of online disputes between consumers and professionals in the European Union. This platform is available at the following link: https://webgate.ec.europa.eu/odr/.
 
Section 24-Applicable law
 
The present general conditions are subject to the application of French law. The competent court is the judicial tribunal.
This is the case for both substantive and formal rules. In case of dispute or complaint, the buyer will give priority to the seller in order to obtain an amicable solution.
 
Article 25-Protection of personal data
 
Data Collected
The personal data collected on this site are as follows:
-opening of account: when creating the account of the user, its name; first name; e-mail address; postal address;
-connection: when connecting the user to the website, the user registers, in particular, his or her surname, first name, connection, use, location and payment data;
-profile: the use of the benefits provided on the website allows to inform a profile, which can include an address and a telephone number;
-payment: as part of the payment of the products and services offered on the website, the website records financial data relating to the bank account or credit card of the user;
-communication: when the website is used to communicate with other members, data concerning the communications of the user are subject to temporary storage;
-cookies: cookies are used, as part of the use of the site. The user has the option of disabling cookies from the browser settings.
 
Use of personal data
The personal data collected from users is intended to provide the services of the website, their improvement and the maintenance of a secure environment. Specifically, the uses are as follows:
-access and use of the website by the user;
-management of the operation and optimisation of the website;
-organisation of the conditions for the use of Payment Services;
-verification, identification and authentication of data transmitted by the user;
-proposal to the user of the opportunity to communicate with other users of the website;
-implementation of user assistance;
-customizing services by displaying advertisements based on the user's browsing history, according to their preferences;
-prevention and detection of fraud, malware (softwares or malware) and management of security incidents;
-management of possible disputes with users;
-sending of commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties
Personal data may be shared with third parties, in the following cases:
-when the user uses the payment services, for the implementation of these services, the website is in relation to the third-party financial and banking companies with which it has contracts;
-when the user publishes publicly available information in the free comment areas of the website;
-when the user authorizes the website of a third party to access its data;
-when the website uses the services of providers to provide user assistance, advertising and payment services. These providers have limited access to the data of the user, in connection with the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable rules on the protection of personal data;
-if required by law, the website may transmit data in response to complaints submitted against the website and comply with administrative and judicial procedures;
-if the website is involved in a merger, acquisition, disposal of assets or judicial reorganization proceedings, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data were transferred to a third party.

Security and confidentiality
 
The website implements organisational, technical, software and physical measures in the field of digital security to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of transmission or storage of information on the Internet.

Implementation of user rights
 
In accordance with the rules applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: etiennehurpin@gmail.com.
-the right of access: they may exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the identity of the user in order to verify its accuracy.
-the right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
-the right to delete data: users may request the deletion of their personal data in accordance with applicable data protection laws.
-the right to limitation of treatment: users may request the website to limit the processing of personal data in accordance with the assumptions set out in the RGPD.
-the right to object to data processing: users can object to the data being processed in accordance with the assumptions set out in the RGPD.
-the right to portability: they can claim that the website gives them the personal data provided to them to transmit them to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If an amendment is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
 


 
Annex:
 
Retraction form
(to be competitive by the consumer,
And to send by letter recomanided with acknowledgement of receipt,
Within the maximum period of 14 days from the date of conclusion of the contract of delivery)
 
 
Retraction form
 
Attention:
ETIENNE HURPIN
Located at: 76 rue Gabriel Peri, 92700 colombes
Phone #: 0768839889
E-mail address: info@Skandinav.fr
 
I hereby notify you of my withdrawal from the contract for ....................., ordered on: .........
 
First name and name of consumer: .................
Consumer address: .................
 
Date: ..................
 
Consumer signature
 
 
 
 
 
 
 
 
 
 
Annex:
 
Consumer Code
 
Article L. 217-4: " The seller delivers a good in conformity with the contract and responds to the deficiencies of conformity that exist at the time of issue.
It also responds to defects of conformity resulting from the packaging, installation instructions or installation when it has been carried out by the contract or has been carried out under its responsibility.
 
Article L. 217-5: " The property complies with the contract:
1. If it is specific to the usual expected use of a similar property and, if applicable:
-if it corresponds to the description given by the seller and has the qualities that the seller has presented to the purchaser in the form of a sample or a model;
-if it presents the qualities that a buyer can legitimately expect from the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the purchaser, brought to the knowledge of the seller and that the seller has accepted.
 
Article L. 217-6: " The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not able to know them.
 
Article L. 217-7: " The defects of conformity which appear within twenty-four months from the grant of the property shall be presumed to exist at the time of grant, unless proved otherwise. For used goods, this period shall be fixed at six months. The seller may combat that presumption if it is not compatible with the nature of the property or the lack of conformity invoked.
 
Article L. 217-8: " The buyer is entitled to demand the conformity of the property to the contract. However, he cannot challenge the conformity on the basis of a defect which he knew or could not ignore when he contracted. The same applies when the defect originates in the materials it has supplied itself.
 
Article L. 217-9: " In the event of non-compliance, the purchaser chooses between repair and replacement of the benefit. However, the seller may not proceed according to the buyer's choice if that choice results in a cost which is manifestly disproportionate to the other modality, given the value of the property or the importance of the defect. It is then obliged to proceed, unless it is impossible, according to the modality not chosen by the buyer.
 
Article L. 217-10: " If the repair and replacement of the property is impossible, the purchaser may return the property and have the price paid or retained and made part of the price. The same option shall be open to it: 1 ° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the claim of the purchaser; 2 ° Or if that solution cannot be implemented without major inconvenience to the purchaser, taking into account the nature of the property and the use that it seeks. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
 
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the purchaser. These same provisions do not preclude the allocation of damages.
 
Article L. 217-12: " The action resulting from the lack of conformity shall be prescribed in two years from the grant of the property.
 
Article L. 217-13: "The provisions of this Section shall not deprive the buyer of the right to perform the action resulting from the editorial defects as a result of articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature which is recognized by law."
 
Article L. 217-14: " The action concerned is to be exercised by the final vendur against successive traders or intermediaries and of the producer of the tangible personal property, in accordance with the principles of the Civil Code.
 
Article L. 217-15: " The commercial guarantee shall mean any contractual undertaking by a professional to the consumer with a view to the reimbursement of the purchase price, replacement or repair of the property or the provision of any other service in relation to the property, in addition to its legal obligations to ensure the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
Furthermore, it makes clear and precise that, irrespective of the commercial guarantee, the seller remains bound by the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 and that relating to the defects of the thing sold, under the conditions laid down in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to rely on it."
 
Article L. 217-16: " When the buyer requests the seller, during the course of the commercial guarantee granted upon the acquisition or repair of a personal property, a restoration covered by the guarantee, any period of detention of at least seven days is added to the duration of the guarantee remaining to run.
This period shall run from the request for intervention of the purchaser or the making available for reparation of the property in question, if this provision is subsequent to the request for intervention.
 
Civil Code
 
Article 1641: " The salesman is bound by the guarantee because of the hidden defects of the thing sold that render it unfit for the intended use, or which diminish so much that use, that the purchaser would not have acquired it, or would have given only a lesser price, if he had known them.
 
Article 1648: " The action resulting from the defects must be brought by the purchaser, within two years after the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year after the date on which the seller can be discharged from the defects or defects of co nformity " apparent.