Preamble

These General Terms and Conditions of Sale apply to all sales concluded on the WebsiteMinifundi.coffee.

The https:// websiteminifundi.coffee/ is a service of: 

• The companyMinifundi
• Located22 rue du Faubourg Bonnefoy 31500 Toulouse, France
• Site URL: https://minifundi.coffee/
• E-mail: Contact@minifundi.coffee
• Phone Number: 0634153937

The websiteMinifundi.coffee sells the following products: Coffee beans, Ground coffees, Equipment.

The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

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

They are available on the websiteMinifundi.coffee and will prevail, if applicable, over any other version or contradictory document.

The Seller and the Buyer agree that these Terms and Conditions exclusively govern their relationship. The seller reserves the right to modify its terms and conditions from time to time. They will be applicable as soon as they are posted online.

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 registered office in France.

These general terms and conditions of sale are valid until 31 October 2040.

Article 2 – Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the websiteMinifundi.coffee.

These terms and conditions apply only to purchases made on theMinifundi.coffee and delivered exclusively in mainland France or Corsica. For any delivery within the French overseas departments and territories or abroad, please send a message to the following e-mail address: contact@minifundi.coffee.

These purchases concern the following products: Coffee beans, Ground coffees, Equipment.

Article 3 – Pre-contractual information

The buyer acknowledges having been informed, prior to placing his order and the conclusion of 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.

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

– the essential characteristics of the property;

– the price of the goods and/or the method of calculating the price;

– if applicable, any additional transport, delivery or postage costs and any other charges that may be due;

– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of their 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 the 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 goods ordered.

In order for the order to be validated, the buyer must accept, by clicking on the place indicated, these general terms and conditions. They will also have to choose the address and delivery method, and finally validate the payment method.

The sale will be considered final:

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

– and after the seller has received the full price.

All orders imply 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 the guarantees mentioned below.

In some cases, such as non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.

For any question relating to the follow-up of an order, the buyer can call the following telephone number: 0634153937 (cost of a local call), on the following days and times: Monday to Saturday, from 8:00 a.m. to 6:00 p.m., or send an email to the seller at the following email address: contact@minifundi.coffee.

Article 5 – Electronic signature

The online provision 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 fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following telephone number: 0634153937. 

Article 6 – Order Confirmation

The seller provides the buyer with an order confirmation, via email.

Article 7 – Proof of Transaction

The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made 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 terms and conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered while stocks last.

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

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 on that date.

Prices are quoted in euros. They do not take into account delivery costs, which are invoiced extra, and indicated before the order is validated. 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 store. 

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

Article 10 – Method of payment

This is an order with an obligation to pay, which means that the placing of the order involves payment by the buyer.

To pay for his order, the buyer has at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the purchase order. The seller reserves the right to suspend all order management and delivery in the event of refusal of credit card payment authorization by officially accredited organizations or in the event 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 whole or in part for a previous order or with whom a payment dispute is being administered. 

Payment of the price is made in full on the day of the order, according to the following methods:

–bank card 

– PayPal 

Article 11 – Availability of products – Refund – Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, 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 France Metropolitan and Corsica, the deadline is 48 hours from the day following the day on which the buyer placed his order, according to the following terms: Colissimo, relay point. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to the French overseas departments and territories 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 deadline, the buyer shall, before terminating the contract, order the seller to perform the contract within a reasonable additional period.

In the absence of performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this rescission, unless the trader has complied in the meantime.

However, the buyer may terminate the contract immediately, if the dates or deadlines seen above constitute an essential condition of the contract for him.

In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for the full amount paid, no later than 14 days from the date on which the contract was terminated.

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

Article 12 – Terms of delivery

Delivery refers to the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered according to the terms and deadlines 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 shipping address will be reshipped at the buyer's expense. The buyer 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 purpose on the purchase order.

If the buyer is absent on the day of delivery, the courier will leave a notice in the letterbox, which will allow the parcel to be collected at the place and time indicated.

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

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 mail no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site's legal notice.

If the products need to be returned to the seller, they must be requested for return from the seller within 14 days of delivery. Any claim made after this period will 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 same day of delivery or at the latest on the first working day following delivery, as a result of delivery error and/or non-conformity of the products in kind or quality with respect to the information on the order form. Any claim made after this period will be rejected.

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

– by telephone at the following number: 0634153937;

– by e-mail to the following address: contact@minifundi.coffee.

Any claim not made in accordance with the rules defined above and within the time limits set will not 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 communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Agréé, to the following address:22 rue du Faubourg Bonnefoy, 31500 Toulouse.

Return shipping costs are the responsibility of the seller.

Article 14 – Product Warranty

14-1 Legal guarantee of conformity

The seller is the guarantor of the conformity of the goods sold with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer 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 goods to act;

– the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

– The buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the goods.

14-2 Legal warranty against hidden defects

In accordance with articles 1641 et seq. of the Civil Code, the seller is responsible for any hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are such as to render the property unfit for the use for which it is intended. This warranty must be implemented within two years of the discovery of the defect. 

The buyer may choose between rescission of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

Commercial Warranty

The products sold are also covered by a commercial warranty to guarantee their conformity and to ensure the refund of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic 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, with the exception of the return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment 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 a willingness to retract.

In the event of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be reimbursed and the delivery costs will be refunded.

Return shipping costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 30 days, and at the latest, within 14 days from the 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 French Consumer Code, the right of withdrawal cannot be exercised for contracts:
– the supply of goods the price of which depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;

– the supply of goods made according to the consumer's specifications or clearly personalised;

– the supply of goods that are likely to deteriorate or expire quickly;
– 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;
– the supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed 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 urgently at the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to 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 such publications;
– the supply of digital content not supplied on a material medium, the performance of which has commenced after the consumer's express prior consent and express waiver of his right of withdrawal.

Article 16 – Force majeure

Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.

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

Force majeure shall be considered to be any irresistible facts or circumstances beyond the control of the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable possible efforts. In addition to those usually accepted by the case law of French courts and tribunals, the following are considered to be cases of force majeure or unforeseeable circumstances: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to review the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content.

Buyers agree 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 infringement of copyright.

Article 18 – Information Technology and Civil Liberties

The personal data provided by the buyer is necessary for the processing of the order and the preparation of invoices.

It may be communicated to the seller's partners responsible for fulfilling, processing, managing, and paying for orders.

The buyer has the right to permanently access, modify, rectify and object to information concerning him/her. This right may be exercised under the conditions and in accordance with the terms and conditions defined on the websiteMinifundi.coffee.

Article 19 – Partial non-validation

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

Article 20 – Non-waiver

The fact that one of the parties does not rely on a breach by the other party of 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 – Title

In the event of a difficulty of interpretation between any of the headings appearing at the top 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 French. In the event that they are translated into one or more foreign languages, only the French text will be 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 Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The name, contact details and email address of the mediator 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 traders in the European Union. This platform can be accessed 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.

This is the case for substantive rules as well as for formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Article 25 – Protection of personal data

Data Collected 

The personal data collected on this website are as follows:

– opening an account: when creating the user's account, their name; forename; e-mail address; telephone number; postal address; 

– Connection: when the user connects to the website, the user records, in particular, their surname, first name, connection data, usage data, location data and payment data;

– profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a 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 temporarily stored;

– Cookies: cookies are used in connection with the use of the website. The user has the option of disabling cookies from their browser settings.

Use of personal data 

The purpose of the personal data collected from users is to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows:

– access to and use of the website by the user;

– management of the operation and optimization of the website;

– organisation of the terms and conditions of use of the Payment Services;

– verification, identification and authentication of the data transmitted by the user;

– offering the user the possibility of communicating with other users of the website;

– implementation of user assistance;

– personalisation 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 any disputes with users;

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

Sharing personal data with third parties

Personal data may be shared with third-party companies, in the following cases:

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

– when the user publishes, in the free comment areas of the website, publicly available information;

– when the user authorises a third party's website to access their 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 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 transmission of data to follow up on claims made against the Website and to comply with administrative and judicial procedures;

– If the Website is involved in a merger, acquisition, sale 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 the personal data is transferred to a third party.

Security & Privacy

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 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 can exercise by making their request to the following address: contact@minifundi.coffee.

• 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 to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• The right to data deletion: Users may request the deletion of their personal data, in accordance with applicable data protection laws. 
• the right to restriction of processing: users can request the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR. 
• the right to object to the processing of data: users may object to their data being processed in accordance with the hypotheses provided for by the GDPR.  
• The right to portability: they can request that the website hand over the personal data provided to them in order to transmit it to a new website.

Evolution of this clause

The website reserves the right to make any changes to this privacy policy at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also notify users of the change by email, 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, they have the option of deleting their account.

Annex: 

Withdrawal form 

(to be paid for by the consumer,

and to be sent by registered letter with acknowledgment of receipt,

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

Annex:

Consumer Code

Article L. 217-4: "The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter has been charged to him by the contract or has been carried out under his responsibility."

Article L. 217-5: "The property is in conformity with the contract:

(1) If it is suitable for the use usually expected of similar property and, if applicable:

– whether it corresponds to 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;

– whether 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 is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter 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 was not aware of them and was legitimately not in a position to know them".

Article L. 217-7: "Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, 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 alleged lack of conformity."

Article L. 217-8: "The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest compliance by invoking a defect that he knew or could not have known of when he contracted. The same applies when the defect has its origin in the materials which it has itself supplied."

Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repair and 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 modality, taking into account the value of the property or the extent of the defect. He is then obliged to proceed, unless this is impossible, in a manner not chosen by the purchaser."

Article L. 217-10: "If the repair and replacement of the property is impossible, the buyer may return the property and have the price refunded or keep the property and have part of the price returned. 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 achieved without major inconvenience for the latter, taking into account the nature of the property and the use he seeks. However, the sale cannot 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. The same provisions do not preclude the award 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 bring the action resulting from redhibitory defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law."

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

Article L. 217-15: "The commercial guarantee means any contractual commitment by a professional to the consumer with a view to the reimbursement 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 their legal obligations to guarantee the conformity of the goods.
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 and conditions 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, regardless 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 defects in the item 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 their entirety in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The buyer is entitled to avail himself of it."

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 movable property, to restore it covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee which remained to run.

This period shall run from the date of the purchaser's request for assistance or from the date on which the goods in question are made available for repair, if such provision is made after the request for intervention."

Civil code

Article 1641: "The seller is bound by the guarantee in respect 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 have given only a lower price, if he had known of them."

Article 1648: "An 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 in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from any apparent defects or defects in conformity.