Terms & conditions

General terms and conditions for the sale of online products to individual consumers

Foreword

The present general terms and conditions of sale apply to all sales concluded on the MOJOW website.

The website www.mojow-mobiliers.com is a service of:

MOJOW located at 5 rue René Cassin, 37390 Notre Dame d'Oé, France

Website URL address: www.mojow-mobiliers.com

E-mail address: [email protected]

Phone number: 02 47 74 58 82

The MOJOW website sells the following products: Design furniture.

The customer acknowledges having read and accepted the general terms and conditions of sale prior to placing the order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions define all the obligations of the parties. In this regard, the buyer is deemed to accept them without any reservation.

These general terms and conditions of sale apply under exclusion of all other conditions, in particular those applicable to sales in shops or through other distribution and marketing channels.

They are available on the MOJOW website and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are published online.

If a condition of sale were to be defective, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France.

These general terms and conditions of sale are valid until .

Article 2 – Content

The purpose of the present general terms and conditions is to define the rights and obligations of the parties with regard to the online sale of goods proposed by the seller to the buyer, from the MOJOW website.

The present terms and conditions only concern purchases made on the MOJOW website and delivered exclusively in metropolitan France or Corsica. For any delivery in the DOM-TOM or abroad, it is recommended to send a message to the following e-mail address: [email protected].

These purchases include the following products: Design furniture.

Article 3 - Pre-contractual information

The buyer acknowledges having been informed, prior to placing his or her order and concluding the contract, in a clear and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the consumer code.

The following information is provided to the buyer in a precise and comprehensible manner:

- the basic characteristics of the product;

- the price of the product and/or the method of calculating the price

- and, if applicable, any additional transport, delivery or shipping costs and any other costs that may be payable.

- in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the product, whatever its price;

- information relating to the identity of the seller, its postal, telephone and electronic contact details and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions.

Article 4 – The order

The buyer has the possibility to place his order online, from the online catalogue and by means of the form contained therein, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

To validate the order, the buyer must accept, by clicking in the indicated spot, the present general terms and conditions. He will also have to choose the address and the delivery method, and finally validate the method of payment.

The sale will be deemed final :

- after the confirmation of acceptance of the order has been sent to the buyer by the seller by e-mail;

- and after the seller has received the full amount of the price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place in the context of a possible exchange and the guarantees mentioned below.

Under certain circumstances, such as non-payment, incorrect address or other problems with the buyer's account, the seller is entitled to block the buyer's order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer must call the following telephone number: +33 247 74 58 82, at the following days and times: from Monday to Saturday, from 8am to 8pm, or send an email to the seller at the following email address: [email protected].

Article 5 – Electronic signature

The online transmission of the buyer's credit card number and the final validation of the order will be considered as proof of the buyer's agreement:

- payment of the sums due under the purchase order,

- signature and express acceptance of all operations carried out

In the event of unauthorized use of the credit card, the buyer is invited, as soon as the use of the credit card has been established, to contact the seller on the following telephone number: +33 247 74 58 82.

Article 6 – Order confirmation

The seller provides the buyer with a copy of the contract by e-mail.

Article 7 - Evidence of the transaction

The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

Article 8 Product information

The products governed by these general terms and conditions are those that appear on the seller's website and that are indicated as sold and dispatched by the seller. They are subject to availability of stock.

The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

Article 9 – Price

The seller is entitled to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.

The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition, and are indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be applied to the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be applied to the selling price of the products.

Article 10 – Method of payment

This is an order with an obligation to pay, which means that the order placement implies payment by the buyer.

To pay for his order, the buyer has, at his own choice, all the methods of payment made available to him by the seller and listed on the seller's website. The buyer guarantees the seller that he has the authorizations that may be necessary to use the method of payment chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card by the officially accredited bodies or in the event of non-payment. The seller is notably entitled to refuse to perform a delivery or to honour an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

Payment of the price is made in full on the day the order is placed, using the following methods:

by credit card.

Payment of the price is made in full on the day the order is placed, using the following methods: by credit cart.

Article 11 - Product availability - Refunds – Cancellation

Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the website's homepage, the delivery times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the delivery time is 48 to 72 hours from the day following the day the buyer placed his order, according to the following methods : by Courier transport. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries in the French Overseas Departments and Territories or any other country, the terms of delivery will be specified to the buyer on a case-by-case basis.

If the agreed delivery date or deadline is not met, the buyer shall, before withdrawing from the contract, instruct the seller to perform the contract within a reasonable additional period.

In the event of non-fulfilment at the end of this new period, the buyer may freely withdraw from the contract.

The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable support.

The contract will be deemed to have been resolved on receipt by the seller of the letter or writing informing him of this cancellation, unless the professional has carried out these formalities in the meantime.

The buyer may, however, cancel the contract immediately if the dates or deadlines mentioned above are an essential condition of the contract for him.

In this case, when the contract is cancelled, the seller is required to refund the buyer of all sums paid, at the latest within 14 days of the date on which the contract was cancelled.

In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.

Article 12 - Terms and conditions of delivery

Delivery means the transfer of physical possession or control of the product to the consumer. The products ordered are delivered in accordance with the terms and conditions and within the period specified above.

The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his/her request, obtain an invoice to be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

The impossibility for the carriers of MOJOW to deliver the Products on the agreed date, in case of absence of the Customer or lack of information on the need to use specific means of delivery, may give rise to the payment of additional delivery charges and / or cancellation of the order by MOJOW.

If, at the time of delivery, the original packaging is damaged, ripped or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).

This check shall be deemed to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the transporter by registered mail within two working days of receipt of the item(s) at the latest and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notice on the website.

If the products need to be returned to the seller, they must be requested to be returned to the seller within 14 days of delivery. Any claim made after this period shall not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery Errors

The buyer must make any claim to the seller on the day of delivery or at the latest on the first working day following delivery, for any delivery error and/or non-conformity of the products in kind or in quality with the indications on the purchase order. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's discretion:

- phone number: +33 247 74 58 82;

- e-mail address: [email protected].

Any claim not made in accordance with the rules defined above and within the time limits set out above cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place once the exchange number has been allocated.

In the event of an error in delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 5 rue René Cassin, 37390 Notre Dame d'Oé, France.

The return costs are the responsibility of the seller.

Article 14 – Product Guarantee

Legal guarantee of conformity and legal guarantee of hidden defects

MOJOW is guarantor of the conformity of the goods to the contract, allowing the buyer to formulate a claim under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee of the defects of the sold item in the sense of articles 1641 and following of the civil code. In the event of implementation of the legal guarantee of conformity, it is reminded that:

-  the buyer has a period of 2 years from the delivery of the good to act;

-  the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the consumer code;

-  the buyer is not required to provide proof of the non-conformity of the goods during the 24 months following delivery of the goods, in the case of new goods.

In addition, it is reminded that:

-  the legal guarantee of conformity applies independently of the commercial guarantee indicated below;

-  the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he may choose between cancellation of the sale or a reduction in price in accordance with article 1644 of the civil code.

Commercial guarantee

The products sold are also covered by a commercial guarantee to secure their conformity and ensure the reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by improper or abusive use or resulting from a cause unrelated to the inherent qualities of the products.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the consumer code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs, which remain the responsibility of the buyer.

Returns must be made both in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be re-sold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

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 support will be immediately communicated to the purchaser. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded and the delivery costs will be reimbursed.

The return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 1 year, and at the latest, within 14 days of receipt, by the seller, of the products returned by the buyer under the conditions set out above.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations on the financial market which are beyond the control of the professional and which may occur during the withdrawal period;

- for the supply of goods made to the consumer's specifications or clearly personalized;

- for the supply of goods likely to deteriorate or expire rapidly;
- for the supply of goods which have been opened by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
- for the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
- for emergency maintenance or repair work to be carried out in the consumer's home and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to meet the emergency;
- for the supply of audio or video recordings or computer software when they have been opened by the consumer after delivery;
- for the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- for the supply of digital content not provided on a physical support, the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of retraction.

Article 16 - Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration of the parties' obligations and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their cessation.

Any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these 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 to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute a counterfeiting offense.

Article 18 – Data Protection

The personal data provided by the buyer are necessary to process his order and to draw up invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the MOJOW website has been declared to the CNIL (French Data Protection Authority).

The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him/her. This right can be exercised under the conditions and according to the modalities defined on the MOJOW website.

Article 19 – Partial non-validation

If one or more provisions of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 20 – Non-waiver

The fact that one of the parties does not take advantage of a default by the other party to any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 21 – Headings

In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in English. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 23 – Mediation

The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

Article 24 – Applicable law

These general terms and conditions are subject to the application of French law. The competent court is the tribunal d'instance for disputes whose amount is less than or equal to 10,000 € or the tribunal de grande instance for disputes whose amount is greater than 10,000 €.

The same applies to the rules of substance as to the rules of form. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.

Article 25 – Personal data protection

Collected data:

The personal data collected on this website are as follows:

Account creation: when creating the user's account, the user's first and last name, e-mail address, telephone number and postal address; 

Connexion : when the user connects to the website, the user records, in particular, his surname, first name, connection, use, location and payment data.

Profile: the use of the services provided on the website allows the user to fill in a profile, which may include an address and telephone number.

Payment: as part of the payment for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card.

Communication: when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary retention.

Cookies:  Cookies are used, as part of the use of the website. The user has the possibility to disable cookies from his browser settings.

Use of personal data

The personal data collected from users are used to provide the website's services, to improve them and to maintain a secure environment. More specifically, the uses are as follows :

- access and use of the website by the user ;

- management of the operation and optimization of the website ;

- organization of the conditions of use of the Payment Services ;

- verification, identification and authentication of the data provided by the user ;

- offering the user the possibility to communicate with other users of the website ;

- implementation of user assistance ;

- personalization of the services by displaying advertisements based on the user's browsing history, according to their preferences ;

- prevention and detection of fraud, malware (malicious software) and management of security incidents ;

- management of possible disputes with users ;

- sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Les données personnelles peuvent être partagées avec des sociétés tierces, dans les cas suivants :

- when the user uses payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has concluded contracts ;

- when the user posts publicly available information in the free comment areas of the website ;

- when the user allows the website of a third party to access his data ;

- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data in the context of the performance of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data ;

- if required by law, the website may carry out the communication of data in order to pursue claims against the website and to comply with administrative and judicial procedures ;

- if the website is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

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

Enforcement of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: [email protected].

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right of correction: if the personal data held by the website is inaccurate, they may request that the information be updated.
• the right to have data deleted: users may request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limit processing: users may ask the website to limit the processing of personal data in accordance with the conditions set out in the GDPR (General Regulations on Data Protection).
• the right to refuse data processing: users may object to their data being processed in accordance with the conditions set out in the GDPR (General Regulations on Data Protection). 
• the right to data transfer: they may request that the website gives them the personal data provided to it to be transferred to a new website.

Evolution of this provision

The website has the right to make any changes to this provision relating to the protection of personal data at any time. If a change is made to this personal data protection provision, the website undertakes to publish the new version on its website. The website shall also notify users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection provision, he or she has the possibility to delete his or her account.

Annex: 

Withdrawal form

(to be completed by the consumer,

and sent by registered letter with acknowledgement of receipt,

within a maximum period of 14 days from the date of conclusion of the service contract)

_________________________________________________________________________

Annexes

Consumer Code

Article L. 217-4: "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.

He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.".

Article L. 217-5: “The good is in conformity with the contract:

1° If it is fit for the use usually intended of a similar good and, where applicable:

- if it complies with the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;

- if it has the qualities which a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

 2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter”.

Article L. 217-6: “The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7: “Defects of conformity which appear within twenty-four months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may contest this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.”

Article L. 217-8: “The buyer is entitled to demand that the goods comply with the contract. However, he may not contest the conformity by invoking a defect which he knew or could not have been unaware of when he entered into the contract. The same applies if the defect is due to materials supplied by the buyer himself.”

Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.”

Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer may return the goods and receive the price back or keep the goods and receive part of the price back. The same option is offered to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he or she is seeking. However, the sale may not be cancelled 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 buyer. These same provisions do not prevent the allocation of damages.”

Article L. 217-12: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.”

Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.”

Article L. 217-14: “The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the movable tangible property, in accordance with the principles of the Civil Code.”

Article L. 217-15: “The commercial guarantee shall mean any contractual commitment by a professional towards the consumer for the refund of the purchase price, the replacement or repair of the goods or the provision of any other service in relation to the goods, in addition to his legal obligations to ensure the conformity of the goods. 
The commercial guarantee requires a written contract, a copy of which is given to the buyer. 
Le contrat précise le contenu de la garantie, les modalités de sa mise en œuvre, son prix, sa durée, son étendue territoriale ainsi que le nom et l'adresse du garant. 
In addition, it states clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for 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 shall remain valid. The buyer is entitled to claim under them.”

Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, to carry out a repair covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remains valid.

This period runs from the date of the buyer's request for intervention or from the date when the goods in question are made available for repair, if this availability is subsequent to the request for intervention.”

Civil Code

Article 1641: “The seller is bound by the guarantee due to hidden defects of the item sold which renders it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he or she had known about them.”

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be discharged from the apparent defects or lack of conformity.”