General Terms and Conditions of Sale
General terms and conditions of sale
of online products to individual consumers
These general terms and conditions of sale apply to all sales concluded on the Miki House website.
The website www.mikihouse.fr is a service of:
- The company Miki House France
- located 366 rue Saint Honoré 75001 Paris, France
- website URL address: www.mikihouse.fr
- e-mail: email@example.com
- telephone number: 0140209098
The Miki House website sells the following products: Children's clothing.
The customer declares to have read and accepted the general terms and conditions of sale prior to placing an order. The validation of the order is therefore 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 reserve.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the Miki House website and shall prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put on line.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
The present general conditions of sale are valid until 21 June 2025.
Article 2 - Content
The purpose of the present general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods proposed by the seller to the buyer, from the Miki House website.
The present conditions only concern purchases made on the Miki House website and delivered exclusively in metropolitan France or Corsica. For any delivery in French overseas departments and territories or abroad, please send a message to the following e-mail address: firstname.lastname@example.org.
These purchases concern the following products: Children's clothing.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing his/her order and concluding the contract, in a legible 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.
Are transmitted to the buyer, in a clear and comprehensible manner, the following information:
- the essential characteristics of the good;
- the price of the good and/or the method of calculating the price;
- if applicable, any additional transport, delivery or postage costs and any other possible costs payable;
- in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the good, 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.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered as final:
- after the sending to the purchaser of the confirmation of the acceptance of the order by the salesman by e-mail;
- and after cashing by the salesman of the entirety of the price.
Any order is worth acceptance of the prices and the description of the products available to the sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-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: 0140209098 (cost of a local call), at the following days and times: Monday to Saturday 10am - 7pm, or send an email to the seller at the following email address: email@example.com.
Article 5 - Electronic signature
The online supply of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement:
- Payability of the sums due under the order form;
- Signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: 0140209098.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 - Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable conditions of security, will be considered as proof 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 proof.
Article 8 - Product information
The products governed by these general conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
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's liability cannot be engaged.
The photographs of the products are not contractual.
Article 9 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability at that date.
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. 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 in the price of the products in the online shop.
If one or more taxes or contributions, particularly environmental taxes, were to be created or modified, upwards or downwards, this change may be reflected in the sale price of the products.
Article 10 - Method of payment
*For all the complete information please consult our "Delivery and Payment" page on our footer
This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer.
To pay for his order, the buyer has, at his choice, all the methods of payment made available to him by the seller and listed on the seller's site. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
Payment of the price is made in full on the day of the order, according to the following methods:
- credit card
Article 11 - Product availability - Refund - Resolution
*For all the complete information please consult our "Return and Refund" page on our footer
Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the site, the shipping 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 time is from 2 to 7 days from the day following the day on which the buyer placed his order, according to the following terms: Colissimo. At the latest, the delay will be 30 working days after the conclusion of the contract.
For deliveries in French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of failure to respect the agreed delivery date or time, the buyer must, before breaking the contract, enjoin the seller to execute the contract within a reasonable additional period.
In the event of failure to execute the contract at the end of this new period, the buyer will be free to break the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be considered to have been terminated on receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may however terminate the contract immediately, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In the event 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 the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
*For all the complete information please consult our "Delivery and Payment" page on our footer
Delivery means the transfer to the consumer of the physical possession or control of the good. The products ordered are delivered according to the methods and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an erroneous or incomplete delivery address will be reshipped at the expense of the buyer. The buyer can, 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 purpose on the order form.
If the buyer is absent on the day of delivery, the delivery man will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then 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 slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products ...).
This verification is considered to have been carried out once the buyer, or a person authorised by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter within two working days of receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).
Article 13 - Errors of delivery
*For all the complete information please consult our "Return and Refund" page on our footer
The purchaser will have to formulate with the salesman the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order. Any claim made after this deadline will be rejected.
The claim may be made, at the choice of the buyer:
- by telephone at the following number: 0140209098;
- by e-mail at the following address: firstname.lastname@example.org.
Any complaint not made in accordance with the rules defined above and within the time limits specified above cannot be taken into account and will release the vendor from any responsibility towards the buyer.
On receipt of the complaint, the vendor 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 after the allocation of the exchange number.
In case of error of 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: 366 rue Saint Honoré, 75001 Paris.
The return costs are the responsibility of the seller.
Article 14 - Product Warranty
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case 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 can choose between the repair or the replacement of the good, subject to the cost conditions provided by article L. 217-17 of the Consumer Code;
- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the good.
14-2 Legal guarantee of hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller is liable for hidden defects that may affect the good sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can 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 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 cost of return which remains the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not 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 medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be refunded and the delivery costs will be reimbursed.
The return costs are borne by the buyer.
The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
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 beyond the control of the professional and likely to occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised;
- the supply of goods likely to deteriorate or expire 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 delivery and by their nature, are inseparably mixed with other goods;
- the supply of alcoholic beverages whose delivery is delayed for more than thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at 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;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the supply of digital content not supplied on a physical medium whose performance has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal.
Article 16 - Force majeure
All circumstances beyond the control of the parties preventing the execution in normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which can not be prevented by the latter, despite all efforts reasonably possible. Explicitly, are considered as 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 telecommunication networks or difficulties specific to telecommunication 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 more 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 holder of intellectual property rights on this content.
The buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
Article 18 - Information Technology and Liberties
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller's partners in charge of the execution, processing, management and payment of orders.
The processing of information communicated through the Miki House website has been declared to the CNIL.
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 Miki House website.
Article 19 - Partial non-validation
If one or several stipulations of the present general 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 jurisdiction, the other stipulations will keep all their force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the 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 shall be deemed authentic in the event of a dispute.
Article 23 - Mediation and dispute resolution
The buyer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (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. The mediator's name, contact details and email address are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
These general terms and conditions are subject to the application of French law. The competent court is the court of law.
The same applies to the substantive rules 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 - Protection of personal data
The personal data collected on this site are as follows:
- account opening: when creating the user's account, the user's surname; first name; e-mail address; telephone number; postal address;
- connection: when connecting the user to the website, the user records, in particular, his surname, first name, connection data, use, location and payment data;
- profile : the use of the services provided on the website enables a profile to be filled in, which may include an address and telephone number;
- payment: in the context of 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 relating to the user's communications are temporarily stored;
- cookies: cookies are used in the context of the use of the website. The user has the possibility to disable cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide the website services, improve them and 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 transmitted by the user;
- proposal to the user of the possibility to communicate with other users of the website;
- implementation of user assistance;
- personalisation of services by displaying advertisements according to the user's browsing history, according to the user's preferences;
- prevention and detection of fraud, malware (malicious software) 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 party companies in the following cases:
- 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 contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorises the website of a third party to access his/her 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 the user's data, in the context of the execution 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 transmission of data in order to follow up claims made against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, asset disposal or receivership procedure, it may be required to dispose of or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
Security and confidentiality
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be pointed out 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.
Implementation of users' rights
In application of the regulations applicable to personal data, users have the following rights, which they may exercise by sending their request to the following address: email@example.com.
- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
- the right of data deletion: users may request the deletion of their personal data, in accordance with applicable data protection laws.
- the right to limit processing: users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the RGPD.
- the right to object to the processing of data: users may object to the processing of their data in accordance with the hypotheses provided for by the RGPD.
- the right to portability: they may request that the website hand over the personal data provided to it to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause on the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform 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 clause, he has the possibility to delete his account.
(to be completed by the consumer,
and sent by registered letter with acknowledgement of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
For the attention of:
Miki House France
located at : 366 rue Saint Honoré, 75001 Paris
telephone no.: 0140209098
e-mail address: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract relating to....................., ordered on: .........
First name and surname of the consumer: .................
Consumer's address: .................
Signature of the consumer
Code de la Consommation
Article L. 217-4: "The seller delivers a good in conformity with the contract and is liable for defects of conformity existing at the time of delivery.
He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility".
Article L. 217-5: "The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by 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 seller's attention 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 are 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 rebut 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 the conformity of the goods to the contract. He may not, however, contest conformity by invoking a defect which he knew or could not have been unaware of when he entered into the contract. The same applies when the defect has its origin in the materials which he himself has supplied".
Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repairing or replacing the good, but 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 good or the importance of the defect. In such a case, the seller shall proceed, unless it is impossible to do so, according to the method not chosen by the buyer".
Article L. 217-10: "If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open 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 good and the use he is seeking. However, the sale may not be rescinded 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 takes place at no cost to the buyer. These same provisions do not preclude 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 set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised 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 tangible personal property, in accordance with the principles of the Civil Code.
Article L. 217-15: "The commercial guarantee means any contractual commitment by a professional towards the consumer for the refund of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to his legal obligations to guarantee the conformity of the good.
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.
In addition, it clearly and precisely states 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 set out 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 avail himself of it."
Article L. 217-16: "When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the time of the buyer's request for intervention or the making available for repair of the good in question, if this availability is subsequent to the request for intervention.
Article 1641: "The seller is bound by the guarantee on account of hidden defects in the thing sold which render 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 had known about them.".
Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser, within two years from 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 defects of conformity".