General Terms

General terms and conditions of sale

from online products to individual consumers

 

 

preamble

 

These general conditions of sale apply to all sales concluded on the website KUGOOSTORE.EU.

 

The website www. KUGOOSTORE.EU.com is a service of:

• The company AYDEME
• located 46 T AV GALLIENI 93130 NOISY-LE-SEC, FRANCE
• URL of the site: www. KUGOOSTORE.EU.com
• e-mail : contact@kugoostore.eu
• phone number: +33  9 88 18 88 36

The KUGOOSTORE.EU website markets the following products: CBD Products.

The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order therefore implies acceptance of the general conditions of sale.

 

Article 1 - Principles

 

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

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

They are accessible on the website KUGOOSTORE.EU and will prevail, if necessary, over any other version or any other 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 general conditions from time to time. They will be applicable as soon as they are put 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 headquarters in France.

These general conditions of sale are valid until February 28, 2099.

 

 

Article 2 - Content

 

The purpose of these general 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 website KUGOOSTORE.EU.

These conditions only concern purchases made on the site of KUGOOSTORE.EU and delivered exclusively in metropolitan France or Corsica. For any delivery in the French overseas departments and territories or abroad, a message should be sent to the following e-mail address:  contact@kugoostore.eu.

These purchases concern the following products: CBD Products.

 

Article 3 - Pre-contractual information

 

The buyer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, of these general conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

 

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

- the essential characteristics of the property;

- the price of the good and/or the method of calculating the price;

- if applicable, all additional costs of transport, delivery or postage and any other costs due;

- in the absence of immediate execution of the contract, the date or period on which the seller undertakes to deliver the goods, regardless of its price;

- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where appropriate, 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 catalog 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 the ordered good.

For the order to be validated, the buyer must accept, by clicking at the indicated place, these general conditions. He will also have to choose the address and the delivery method, and finally validate the method of payment.

The sale will be considered final:

- after sending to the buyer the confirmation of acceptance of the order by the seller by e-mail;

- and after receipt by the seller of the full price.

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

In certain cases, such as 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: +339 88 18 88 36 (cost of a local call), on the following days and times: 10am to 7pm, or send an email to the seller at the following email address: contact@kugoostore.eu.

 

Article 5 - Electronic signature

 

The online provision of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement:

- payment of the sums due under the order form;

- signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: +33 9 88 18 88 36.

 

Article 6 - Order confirmation

 

The seller provides the buyer with an order confirmation, by e-mail.

 

Article 7 - Proof of the transaction

 

Computerized records, 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 terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the seller could not be held liable.

Photographs of the products are not contractual.

 

Article 9 - Price

 

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.

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

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, both upwards and downwards, this change could be reflected in the selling price of the products.

 

Article 10 - Method of payment

 

This is an order with payment obligation, which means that placing the order involves payment from 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 necessary authorizations to use the payment method 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 on the part of officially accredited bodies 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 whole or in part for a previous order or with whom a payment dispute is being administrative.

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

- credit card

- PayPal

- transfer

 

Article 11 - Availability of products - Refund - Resolution

 

Except in case of force majeure or during the periods of closure of the online store 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 period is 2 to 3 days from the day following the day on which the buyer placed his order, according to the following modalities: Express Delivery - Standard Delivery. At the latest, the period will be 30 working days after the conclusion of the contract.

For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the expiry 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 resolution, unless the professional has performed in the meantime.

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

In this case, when the contract is avoided, the seller is obliged to reimburse the buyer for all the sums paid, at the latest within 14 days of the date on which the contract was given.

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

 

Article 12 - Terms of delivery

 

Delivery refers to the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and the deadline 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 incorrect or incomplete delivery address will be forwarded at the buyer's expense. 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 deliveryman will leave a notice of passage in the mailbox, which will allow to collect the package 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 imperatively 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 reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).

This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of 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 legal notice of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).

 

Article 13 - Delivery errors

 

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

The claim may be made, at the choice of the buyer:

- by phone at the following number: +33 9 88 18 88 36;

- by e-mail to the following address: contact@kugoostore.eu.

Any claim not made in the rules defined above and within the time limits set can not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of 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 allocated.

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, in Colissimo Recommended, to the following address: 46 T AV GALLIENI 93130 NOISY-LE-SEC. The return 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 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 recalled 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 replacement of the good, subject to the cost conditions provided for 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 case of new goods (6 months in case of used 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 the guarantor of 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 the sale of the good and are likely to render the good unfit for the use for which it is intended. This guarantee must be implemented within two years of the discovery of the defect. 

The buyer can choose between the resolution of the sale or a reduction in 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 not suitable for him and request the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

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

Damaged, soiled or incomplete products are not taken back.

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 a willingness to withdraw.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is refunded and the delivery costs are refunded.

The return costs are the responsibility of the buyer.

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

 

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:- for the supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional 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 liable 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 having been delivered and by their nature; , are inseparably mixed with other articles;- supply of alcoholic beverages the delivery of which is deferred beyond 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 works strictly necessary to respond to the emergency;- the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;- the supply of a newspaper, periodical or magazine, except for contracts for subscription to such publications;- the supply of digital content not supplied on a material medium the execution of which has begun after prior express agreement s of the consumer and expressly waive his right of withdrawal.

 

Article 16 - Force majeure

 

Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall entail their suspension.

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

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of 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 owner of the intellectual property rights on 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 offence of counterfeiting.

 

Article 18 - Information technology and freedoms

 

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 responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the KUGOOSTORE.EU website has been declared to the CNIL.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the modalities defined on the site KUGOOSTORE.EU.

 

Article 19 - Partial non-validation

 

If one or more stipulations of these general 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 will retain all their 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 conditions shall not be interpreted for the future as a waiver of the obligation in question.

 

Article 21 - Title

 

In case of difficulty of interpretation between any of the titles 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 prevail in the event of a dispute.

 

Article 23 - Mediation and dispute resolution

 

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The ombudsman's names, contact details and e-mail 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 conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for the substantive rules as well as for the rules of form. 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 that are collected on this site are the following:

- opening of account: when creating the user's account, his surname; first name; email address; telephone number; postal address;

- connection: when the user connects to the website, he records, in particular, his surname, first name, connection data, use, location 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 of the products and services offered on the website, it records financial data relating to the bank account or credit card of the user;

- communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily kept;

- cookies: cookies are used, in the context of the use of the site. The user has the possibility to disable cookies from the settings of his browser.

 

Use of personal data

The purpose of the personal data collected from users is to provide the services of the website, improve them and maintain a secure environment. 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 terms of use of the Payment Services;

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

- proposal to the user of the possibility of communicating with other users of the website;

- implementation of user support;

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

- prevention and detection of fraud, malware (malicious software or malware) 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 concluded contracts;

- when the user publishes, in the free comment areas of the website, publicly accessible information;

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

- where  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 comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, transfer of assets or receivership proceedings, it may be required to transfer 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 and privacy

 

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

Enforcement of user rights

 

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@kugoostore.eu.

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of 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 are inaccurate, they may request the updating of the information.
• the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to restriction of processing: users may ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
• the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
• the right to portability: they can request that the website hand over the personal data provided to them to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If 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 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.

 

 

annex:

 

Withdrawal form

(to be competent by the consumer,

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

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

 

 

 

 

 

annex:

 

Consumer Code

 

Article L. 217-4: "The seller delivers a good in conformity 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 it has been charged to him by the contract or has been carried out under his responsibility."

 

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

(1) If it is suitable for the use usually expected of a similar good and, where applicable:

- it corresponds to the description given by the seller and possesses the qualities which the latter has presented to the buyer in the form of a sample or model;

- 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 by 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 did not know 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 good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold used, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the lack of conformity invoked."

 

Article L. 217-8: "The buyer is entitled to demand the conformity of the good with the contract. He cannot, however, challenge compliance on the basis of a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect has its origin in the materials which he himself has supplied."

 

Article L. 217-9: "In case of lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, 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 returned or keep the good 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 can not be implemented within one month following the buyer's claim; 2° Or if this solution cannot be without major inconvenience for the latter given the nature of the property and the use it seeks. However, the sale may not be reseed 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 without any cost to the buyer. The same provisions shall not preclude the award of damages.

 

Article L. 217-12: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

 

Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from crippling 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 action for indemnity may be exercised by the final seller against 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 of a professional towards the consumer with a view to refunding the purchase price, replacing or repairing the good or providing any other service in relation to the good, in addition to its 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 shall specify the content of the guarantee, the methods of its implementation, its price, duration, territorial scope and the name and address of the guarantor. In addition, it mentions clearly and precisely that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. In case 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 asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run.

This period shall run from the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention."

 

Code civil

 

Article 1641: "The seller is bound by the warranty for 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 them."

 

Article 1648: "The action resulting from the redhibitory defects must be brought by the purchaser, within two years from 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 relieved of the apparent defects or lack of conformity.