Terms and conditions of use
The present general terms of sale apply to all sales concluded on the Internet site "MAISON DES VINS DE CASSIS".
The Internet site http://www.maisondesvinscassis.com is a service of :
- The TESTAVINUM society located
- AVENUE DE LA MARNE13260 CASSIS, France
- addresses URL of the site: http://www.maisondesvinscassis.com
- e-mail: email@example.com
- telephone number: 04 42 01 15 61
The Internet site Home of Wines Blackcurrant commercialises the following products: Wines, alcoholic beverages. The client declares to have acquainted himself and accepted the general terms of sale prior to the signing of his order. The validation of order is therefore worth acceptance of the general terms of sale.
Article 1 - Principles
The present general terms express the entirety of the obligations of parts. In this direction, the purchaser is reputed to accept them unconditionally. The present general terms of sale are applied with the exception of all other conditions, and notably those applicable for sales in shop or by means of other distribution circuits and circuits of marketing.
They are accessible on the Internet site Home of Wines Blackcurrant and will predominate, if necessary, over quite other version or quite other contradictory document. The seller and the purchaser admit that the present general terms govern their relation exclusively. The seller reserves the right to change punctually his general terms. They will be applicable from their online bet. If a condition of sale came to be lacking, it would be considered be governed by manners in force in the sector of the remote sale societies of which have their seat in France. The present general terms of sale are valid until January 31st, 2021.
Article 2 - Contained
The present general terms have as object to define rights and obligations of parts as part of the online sale of property offered by the seller to the purchaser, from the Internet site Home of Wines Blackcurrant. The present conditions concern only purchases performed on the site of Home of Wines Blackcurrant and delivered exclusively in metropolis or in Corsican. For any delivery in DOM-TOM or abroad, it is necessary to send a message at address e-mail following: firstname.lastname@example.org. These purchases concern the following products: Wines, alcoholic beverages.
Article 3 - Precontractual Information
The purchaser admits to be having had communication, prior to the signing of his order and to the conclusion of the contract, in a legible and comprehensible way, of present general terms of sale and all information listed in the article L. 221-5 of the code of consumption. Following information is transmitted to the purchaser, in a clear and comprehensible way:
- the essential characteristics of the good;
- the price of the good and/or the mode of calculation of price;
- if need be, all charge of transport, of delivery or of postage and all other owed possible expenses;
- in the absence of immediate execution of the contract, the date or the delay in which the seller promises to deliver the good, whatever is his price;
- information relating to the identity of the seller, to its mail, telephone and electronic co-ordinates, and to its activities, those relating to lawful guarantees, to functionality of numerical contents and, if necessary, to its interopérabilité, to existence and to modalities of implementation of guarantees and other contractual conditions.
Article 4 - Order
The purchaser has the possibility of placing his online order, from the online catalogue and by means of the form which appears, for any product, within the limits of the available supplies there. The purchaser will be informed about any unavailability of the product or about the ordered good. So that order is validated, the purchaser will have to accept, by clicking in the place pointed out, the present general terms. He will also have to choose address and mode of delivery, and finally validate method of payment. Sale will be considered as final:
- after the dispatch to the purchaser of the confirmation of the acceptance of order by the seller by email;
- and after collection by the seller of the entirety of price.
Any order is worth acceptance of prices and of description of the available products to sale. Any protest on this point will intervene as part of a possible exchange and of guarantees below mention. In certain cases, notably default in payment, erroneous address or other problem at the account of the purchaser, the seller reserves the right to block the order of the purchaser up to the resolution of problem. For any question relating to the monitoring of an order, the purchaser can call the following telephone number: 04 42 01 15 61 (cost of a local call), in days and following timetables: from Monday till the Friday of 9 h 30 - 19 30, or send a mail to the seller at address mail following: email@example.com.
Article 5 - Electronic Signature
The online supply of the number of bank card of the purchaser and the final validation of order will be worth proof of the agreement of the purchaser:
- payability of owed sums as the order form;
- signature and express acceptation of all performed operations.
In case of fraudulent use of the bank card, the purchaser is invited, from the official report of this use, to contact the seller in the following telephone number: 04 42 01 15 61.
Article 6 - Confirmation of order
The seller gives to the purchaser a confirmation of order, by electronic mail. Article 7 - Proof of transaction Computerised registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and of payments intervened between parts. The archiving of order forms and of bills is performed on a reliable and lasting support that can be produced as proof.
Article 8 - Information on products
Products governed by the present general terms are those who appear on the Internet site of the seller and who are pointed out as sold and sent by the seller. They are offered within the limits of the available supplies. Products are described and introduced with the biggest possible accuracy. However, if errors or omissions could occur as for this presentation, the responsibility of the seller could not be hired. The photographs of products are not contractual.
Article 9 - Price
The seller reserves the right to change his prices any time but promises to apply rates in force pointed out at the time of order, subject to availability at that time. Prices are pointed out in euro. They do not take into account expenses of delivery, invoiced in supplement, and pointed out before the validation of order. Prices take into account of applicable VAT in the day of order and any change of the applicable rate VAT will be automatically reverberated on the price of the products of the online boutique. If one or several taxes or contributions, notably environmental, came to be created or changed, in increase as in fall, this change will be able to be reverberated on the selling price of products.
Article 10 - Method of payment
It is about an order with obligation of payment, what means that the signing of order implicates regulations of the purchaser. To regulate his order, the purchaser has, in his choice, of all the methods of payment put at his/her disposal by the seller and listed on the site of the seller. The purchaser guarantees to the seller that he has permissions 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 management of order and any delivery in case of refusal of permission of banking card payment on behalf of officially accredited organisms or in case of non-payment. The seller notably reserves the right to refuse to perform a delivery or to honour an order emanating from a purchaser who would not completely have regulated or partly a previous order or with whom a litigation of payment would be under way of administration. The payment of price is entirely made in the day of order, according to following modalities:
- Bank card
Article 11 - Availability of products - Refund - Resolution
Safe in case of force majeure or during the periods of closing of the online boutique which will be apparently announced on the homepage of the site, the delays of expedition will be, within the limits of the available supplies, those pointed out below. The delays of expedition run as from the date of recording of the order pointed out on the mail of confirmation of order. For deliveries in metropolitan France and in Corsican, the delay is from 1 to 2 working days as from following day that when the purchaser placed his order, according to following modalities: Conveyor. At the latest, the delay will be of 30 working days after the conclusion of the contract. For deliveries in DOM-TOM or another country, the modalities of delivery will be specified to the purchaser case by case. In case of failure to observe of date or of agreed delivery time, the purchaser will have to, before breaking the contract, enjoining the seller to carry this one out for the reasonable additional delay. Failing execution at the expiration of this new delay, the purchaser will be able freely to break the contract.
The purchaser will have to fulfil these successive formalities by registered letter with acknowledgement of receipt or by a writings on another lasting support. The contract will be considered as solved in reception by the seller of the letter or of the writings informing him about this resolution, unless the professional complied meantime.
The purchaser will however be able to solve the contract immediately, if dates or delays seen above constitute for him a prerequisite of the contract. In that case, when the contract is solved, the seller is required to reimburse the purchaser of the totality of poured sums, at the latest in 14 days according to date in which the contract was reported. In case of unavailability of the ordered product, the purchaser will be informed about it at the earliest and will have the possibility of cancelling his order. The purchaser will have the choice then to ask either for the refund of sums paid in 14 days at the latest by their remittance, or for the exchange of the product.
Article 12 - Modalities of delivery
Delivery agrees of the transfer to the consumer of the physical possession or of the control of the good. The ordered products are delivered according to modalities and delay specified above. Products are delivered at the address pointed out by the purchaser on the order form, the purchaser will have to look after his accuracy. Any package returned to the seller because of an address of incomplete or erroneous delivery will be redirected at the expense of the purchaser. The purchaser can, at his request, get the dispatch of a bill at invoicing and not at delivery, by validating the option envisaged with this effect on the order form. If the purchaser is away the day of delivery, the delivery man will leave a calling card in the post box, which will allow to withdraw the package in place and delay pointed out. If at the time of delivery, the packing of origin is damaged, torn, opened, the purchaser must then check articles. If they were harmed, the purchaser must imperatively refuse the package and note a reservation on the delivery slip (refused package because opened or harmed). The purchaser must point out on the delivery note and in form of handwritten reservations accompanied with his signature any anomaly concerning delivery (damage, product missing in comparison with the delivery note, harmed package, produced broken). This check is considered as performed since the purchaser, or a person allowed by him, signed the delivery note. The purchaser will then have to confirm by post registered these reservations to the conveyor at the latest in two working days according to reception of or of articles and transmit a copy of this mail by fax or simple mail to the seller at the address pointed out in the lawful mention of the site. If products require to be returned to the seller, they have to make the object of a request back to the seller in 14 days according to delivery. Any claim formulated out of this delay will not be able to be accepted. The return of the product will be able to be accepted only for products in their state of origin (packing, accessories, note).
Article 13 - Errors of delivery
The purchaser will have to formulate to the seller the same day of delivery or at the latest first working day according to delivery, any claim of error of delivery and/or of nonconformity of products nature or quality in comparison with indications appearing on the order form. Any claim formulated beyond this delay will be rejected. Claim will be able to be made, to be chosen by the purchaser:
- by telephone in the following number: 04 42 01 15 61;
- by e-mail at following address: firstname.lastname@example.org.
Any claim not performed according to the rules defined above and for the allowed delays will not be able to be taken into account and will relieve the seller from any liability in relation to the purchaser. In reception of claim, the seller will allocate a number of exchange of or product (s) concerned and announce it by e-mail to the purchaser. The exchange of a product can take place only after the attribution of the number of exchange. In case of error of delivery or of exchange, very produced to exchange or to reimburse will have to have gone back to the seller to group and to its packing of origin, in Colissimo Recommandé, at following address: Road of Marseilles, 13260 BLACKCURRANTS. Expenses back are supported by seller.
Article 14 - Guarantee of products
On 14-1 lawful Guarantee of compliance The seller vouches for the compliance of the good sold in the contract, allowing to the purchaser to formulate a request as the lawful guarantee of envisaged compliance with articles L. 217-4 and following of the code of consumption. In case of implementation of the lawful guarantee of compliance, one reminds of him that:
- the purchaser benefits from a delay of 2 years as from the deliverance of the good to act;
- the purchaser can choose between repairing or replacement of the good, subject to the conditions of cost envisaged by the article L. 217-17 of the code of consumption;
- the purchaser has not to bring the proof of the nonconformity of the good during 24 months in case of new property (6 months in case of property of occasion), according to the deliverance of the good.
On 14-2 Guarantee lawful of hidden vices In accordance with articles 1641 and following of the civil code, the seller vouches for hidden vices that can affect the sold good. It will be up to the purchaser to prove that vices existed in the sale of the good and are likely to return the good inappropriate to the usage for which it is intended. This guarantee must be implemented within two years as from the discovery of vice. The purchaser can choose between the resolution of sale or the reduction of price in accordance with the article 1644 of the civil code.
Article 15 - Right of retraction
Application of the law of retraction In accordance with the dispositions of the code of consumption, the purchaser has a delay of 14 days as from the date of delivery of his order, to turn any article not being suitable for it and to ask for exchange or for refund without penalty, except for expenses back which stay payable by the purchaser. Returns are to perform in their state of origin and suits (packing, accessories, note) allowing their recommercialisation as good as new, accompanied with the bill of purchase. The incomplete or products harmed, dirtied are not taken back. The right of retraction can be exercised online, with the aid of the form of available retraction on this Internet site. In that case, an acknowledgement of receipt on a lasting support will be immediately announced to the purchaser. Quite other mode of statement of retraction is accepted. He must be lacking in ambiguity and express the will to retract. In case of financial year of the right of retraction for the aforementioned delay, are reimbursed price of or products (s) bought (s) and expenses of delivery are reimbursed. Expenses back are supported by the purchaser. Exchange (subject to availability) or refund will be performed within 48 hours, and at the latest, within 14 days as from the reception, by the seller, products turned by the purchaser in conditions envisaged above.
Exceptions According to the article L221-28 of the Code of consumption, the right of retraction cannot be exercised for contracts:
- of supply of property on which price depends on fluctuations on the financial market avoiding the control of the professional and likely to occur during the delay of retraction;
- of supply of property made according to the specifications of the consumer or distinctly customised;
- of supply of property likely to deteriorate or to lapse fast;
- of supply of property which was unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or of protection of health;
- of supply of property which, having been delivered and all over their nature, is blended in an inseparable way with other articles;
- of supply of alcoholic beverages delivery of which is postponed beyond thirty days and on that the value admitted in the conclusion of the contract depends on fluctuations on the market avoiding the control of the professional;
- of maintenance work or of repairing to be immediately accomplished in the domicile of the consumer and expressly solicited by him, within the limits of spare parts and strictly necessary jobs to answer emergency;
- of supply of audio or video recording or computer software when they were unsealed by the consumer after delivery;
- of supply of a newspaper, of a periodical or of a magazine, safe for the contracts of subscription to these publications;
- of supply of numerical contents not given on a material support execution of which began after express prior agreement of the consumer and express renunciation of its right of retraction.
Article 16 - Force majeure
Any independent circumstances of the will of parts preventing execution in normal conditions of their obligations are considered to be reasons of exoneration of the obligations of parts and draw their suspension away. The part which invokes circumstances aimed above must inform immediately the other part of their survenance, as well as of their disappearance. Any facts or overpowering circumstances, external in parts, unforeseen, unavoidable, independent of the will of parts will be considered to be cases of force majeure and which will not be able to be prevented by these last, in spite of all reasonably possible efforts. In an express way, are considered to be cases of force majeure or fortuitous cases, besides those habitually kept by the case law of courts and of French courts: the blockage of the means of transport or of supplies, earthquakes, fires, storms, inundations, lightning, the stopping of telecommunications networks or difficulties peculiar to the external telecommunications networks to the clients. Parts will get closer to examine the impact of event and to admit conditions in which the execution of the contract will be followed. If the case of force majeure has a length three-month-old superior, the present general terms will be able to be cancelled by the hurt part.
Article 17 - Intellectual Property
The contents of the Internet site remain the property of the seller, alone tenured of rights of possession intellectual on these contents. The purchasers promise not to use these contents; any complete or partial reproduction of these contents is strictly forbidden and likely to constitute an offence of counterfeiting.
Article 18 - Computer science and Freedom
Data of names given by the purchaser are necessary for the treatment of its order and for the establishment of bills. They can be announced to the partners of the seller charged with execution, with treatment, with management and with payment of orders. The processing of information announced through the Internet site Home of Wines Blackcurrant made the object of a statement to CNIL. The purchaser has a right of permanent access, of modification, of correction and of opposition as for information concerning it. This right can be exercised in conditions and according to modalities defined on the site Home of Wines Blackcurrant.
Article 19 - Partial Non-validation
If one or several stipulations of the present general terms is kept for valid or declared such in accordance with a law, with regulations or following a final decision of a competent jurisdiction, other stipulations will keep all their force and their range.
Article 20 - Non-renunciation
The fact for one of the parts not to boast a breach by the other part to the one any of obligations aimed in the present general terms could not be interpreted for future as a renunciation of the obligation in reason.
Article 21 - Title
In case of difficulty of interpretation between the one any of titles appearing at the head of clauses, and the one any of clauses, titles will be declared nonexistent.
Article 22 - Language of the contract
The present general terms of sale are written in French language. In case they would be translated into one or several foreign languages, alone the French text would be authentic in case of litigation.
Article 23 - Mediation and regulations of litigations
The purchaser can use a conventional mediation, notably to the Committee of the mediation of consumption or to the existent sectoral authorities of mediation, or any alternative mode of regulations of disagreement (reconciliation, for example) in case of protest. Names, co-ordinates and electronic address of the mediator are available on our site.
In accordance with the article 14 of the Regulations (EU) n°524 / 2013, the European Commission set up a platform of online Regulations of Litigations, making easier the independent regulations by extrajudicial way of online litigations between consumers and professionals of the European Union. This platform is accessible to following link: https://webgate.ec.europa.eu / odr/.
Article 24 - Applicable Law
The present general terms are subjected to the application of French the law. The court of competent jurisdiction is the judicial court. If that's how it is for thorough rules as for the rules of form. In case of litigation or of claim, the purchaser will contact the seller first and foremost to get an amicable solution.
Article 25 - Protection of personal data
Collected data Data with personal character which are collected on this site are the following:
- opening of count: during the creation of the count of the user, his name; forename; electronic address; n ° of telephone; mailing address;
- connection: during the connection of the user in the site web, this one records, notably, his name, forename, data of connection, of use, of location and its data relating to the payment;
- profile: the use of benefits envisaged on the site web allows to give information to a profile, able to include an address and a telephone number;
- payment: as part of the payment of products and benefits offered on the site web, this one records financial data relating to bank account or to card credit of the user;
- communication: when the site web is used to communicate with other members, data concerning communications of the user make the object of a temporary conservation;
- cookies: cookies is used, as part of the use of the site. The user has the possibility of deactivating cookies from the parametres of his navigator.
Use of personal data Personal data collected to the users have as objective the provision of the services of the site web, their improvement and the maintaining of a reassured environment. More precisely, uses are the following:
- access and use of the site web by the user;
- management of functioning and optimisation of the site web;
- organisation of the conditions of use of the Services of payment;
- check, identification and authentication of data transmitted by the user;
- proposal to the user of the possibility of announcing web with other users of the site;
- implemented of an assistance user;
- personalization of services by showing advertising according to the review of navigation of the user, according to his preferences;
- prevention and detection of fraud, malwares (malicious softwares or malevolent software) and management of the incidents of security;
- management of possible litigations with the users;
- dispatch of commercial and advertising information, according to the preferences of the user.
Distribution of personal data with thirds Personal data can be shared with third societies, in following cases:
- when the user uses the services of payment, for the implementation of these services, the site web is in touch with third banking and financial societies with which she signed contracts;
- when the user publishes, in the zones of comments free from the site web, information accessible to the public;
- when the user authorises the site web of a third to achieve his data;
- when the site web uses contractors' services to give assistance users, advertising and services of payment. These contractors have an access limited to the data of the user, as part of the execution of these benefits, and have a contractual obligation to use them in compliance with the dispositions of applicable regulation in material protection of data with personal character;
- if law demands it, the site web can perform the data transmission to follow up claims introduced against the site web and to conform to administrative and judicial procedures;
- if the site web is involved in an operation of fusion, acquisition, transfer of assets or procedure of receivership, she will be able to be led to give in or to share all or part the assets, including data with personal character. In that case, the users would be informed, before data with personal character are transferred to a third part.
Security and confidentiality
The site web implements measures organisationne In accordance with the regulation applicable to data with personal character, the users have following rights, which they can exercise by applying at following address: email@example.com.
- the right of access: they can exercise their right of access, to know personal data concerning them. In that case, before the implementation of this right, the site web can ask for a proof of the identity of the user to prove accuracy.
- the right of correction: if data with personal character kept by the site web are inexact, they can ask for the update of information.
- the right of abolition of data: the users can ask personal character for the abolition of their data, in accordance with applicable laws in protection of data.
- the right to the limitation of the treatment: the users can to ask the site for web to limit the processing of personal data in accordance with hypotheses envisaged by RGPD.
- the right to oppose to the data processing: the users can oppose to the fact that his data are treated in accordance with hypotheses envisaged by RGPD.
- the right to portability: they can demand that the site web delays them the personal data which are given to him to transmit them in a new site web.
Evolution of the present clause
The site web reserves the right to add any modification to the present clause relating to the protection of data with personal character any time. If a modification is added to the present clause of protection of data to personal character, the site web promises to publish new version on its site. The site web will also inform the users of modification by electronic mail, for the delay minimum of 15 days before dates it from effect. If the user does not agree with the terms of the new writing of the clause of protection of data with personal character, he has the possibility of abolishing his count.
Form of accessible retraction in http://www.maisondesvinscassis.com/pdf/formulaire_de_retractation.pdf
(in compéter by the consumer, and to send by letter recomandée with acknowledgement of receipt, for the delay maximum of 14 days following the dates from conclusion of the contract of benefit)
Code of Consumption
L article. 217-4: “The seller delivers a good correspondent to the contract and answers defects of compliance existing during deliverance. He also answers defects of compliance resulting from the packing, from the instructions of assemblage or from the installation when this one was put in its load by the contract or accomplished under his supervision.”
L article. 217-5: “The good complies with the contract: 1 ° If it is peculiar to the usage habitually expected from a similar good and, if necessary: - if it corresponds to the description given by the seller and has the qualities which this one introduced to the purchaser in form of sample or of model; - if he introduces the qualities for which a purchaser can rightfully wait taken into account public statements made by the seller, by the producer or by his representative, notably in advertising or labelling; 2 ° Or if he introduces characteristics defined by common consent by parts or is peculiar to any special usage searched by the purchaser, advised by the seller and whom this last accepted.”
L article. 217-6:
“The seller is not kept by public statements of the producer or of his representative if it is established that he did not know them and was not rightfully capable of knowing them”.
L article. 217-7:
“the defects of compliance which appear within twenty-four months from the deliverance of the good are supposed exist at the time of deliverance, except opposite proof. For property sold by occasion, this delay is fixed in six months. The seller can fight this presumption if this one is not compatible with the nature of the good or the invoked defect of compliance.”
L article. 217-8:
“the purchaser is entitled to demand the compliance of the good with the contract. He cannot however question compliance by invoking a defect which he knew or could not be unaware when he contracted. The same goes for when defect originates in the materials which it gave itself.”
L article. 217-9:
“in case of defect of compliance, the purchaser chooses between repairing and replacement of the good. However, the seller can not go about things according to the choice of the purchaser if this choice draws away an apparently disproportional cost with regard to the other modality, considering the value of the good or of the importance of defect. He is then required to go about things, except impossibility, according to the modality not chosen by the purchaser.”
L article. 217-10:
“if repairing and replacement of the good are impossible, the purchaser can return the good and have price restored or to keep the good and to have a part returned of price. The same faculty is opened to him: 1 ° If the asked solution, offered or admitted in accordance with the article L. 217-9 am not possible be implemented within month according to the claim of the purchaser; 2 ° Or if this solution cannot be it without major disadvantage for this one considering the nature of the good and of the usage which it searches. The resolution of sale cannot however be pronounced if the defect of compliance is minor.”
L article. 217-11:
The application of the dispositions of articles L. 217-9 and L. 217-10 takes place without any freshly for the purchaser. These same dispositions do not stand in the way of the allocation of damages.
L article. 217-12:
“the action resulting from the defect of compliance is prescribed by two years as from the deliverance of the good.”
L article. 217-13:
"the dispositions of the present section do not deprive the purchaser of right to exercise the action resulting from prohibitive vices such as it results from articles 1641 - 1649 of the civil code or quite other action of contractual or extra-contractual nature which is admitted to it by law."
L article. 217-14:
"The récursoire action fright to be exercised by the final vendur contrary to the sellers or successive intermediaries and to the producer of the good furnishes bodily, according to the principles of the civil code.
L article. 217-15:
"commercial guarantee agrees of any contractual commitment of a professional regarding the consumer with the aim of the refund of purchase price, of replacement or of repairing of the good or of the benefit of quite other service in touch with the good, on top of its lawful obligations aiming at guaranteeing the compliance of the good. Commercial guarantee makes the object of a written contract, a copy of which is delayed to the purchaser. The contract specifies the contents of guarantee, modalities of its implementation, its price, its length, its territorial expanse as well as name and address of the guarantor. Besides, he mentions in a clear and definite way that, independently of commercial guarantee, the seller remains held by the lawful guarantee of mentioned compliance with articles L. 217-4 in L. 217-12 and of that relating to the defects of the sold thing, in conditions envisaged in articles 1641 - 1648 and 2232 of the civil code. The dispositions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as the article 1641 and the first indent of the article 1648 of the civil code are completely reproduced in the contract. In case of failure to observe of these dispositions, guarantee remains valid. The purchaser is entitled to boast it."
L article. 217-16:
“When the purchaser asks the seller, during the lesson of the commercial guarantee which was approved to it during the acquisition or during the repairing of a good furnishes, a delivery in state covered by guarantee, any period of immobilisation of at least seven days comes to be added to the length of guarantee which remained to run. This period of the good in reason runs as from the request of intervention of the purchaser or of the provision for repairing, if this provision is posterior at the request of intervention.”
“the seller is kept of guarantee at the rate of defects hidden from the sold thing which make it inappropriate to the usage for which it is intended, or that diminish this usage so much, that the purchaser would not acquired it, or would have given only a lesser price, if he had known them.”
“action resulting from prohibitive vices must be begun by the purchaser, within two years as from the discovery of vice. In the case envisaged by the article 1642-1, action must be introduced, at the risk of failure to make a claim within the statutory time-limit, in the year which follows the date in which the seller can be relieved of vices or defects of compliance» visible.