General conditions of sale

Preamble

These general terms and conditions of sale apply to all sales entered into on the website https://www.petanque-web.com/en/.

The website https://www.petanque-web.com/en/ is a service of:

sasu long petanque located at 19 rue villa oddo 13015 to marseille.
email: contact@petanque-web.com
telephone number: 04 86 68 40 61

The petanque-web.com website markets the following products: engraving and personalization services, petanque balls as well as petanque accessories and Provencal game.
the customer declares to have read and accepted the general terms and conditions of sale prior to the transfer of the order. validation of the order is therefore acceptable to general sales contions.

Article 1 - Principles

These general terms and conditions express the full obligations of the parties. in this sense, the buyer is deemed to accept them unconditionally.
these general terms and conditions of sale apply to the exclusion of any other conditions, including those applicable to in-store sales or other distribution and marketing circuits.

They are accessible on the petanque-web.com website and will prevail, if any, on any other version or other contradictory document.
the seller and the buyer agree that these Terms and Conditions govern exclusively their relationship. the seller reserves the right to modify its general conditions on an ad hoc basis. they will be applicable as soon as they are posted.

If a condition of sale was not available, it would be considered to be governed by the usage in force in the remote sales sector of which companies have their headquarters in france.

These general terms and conditions of sale are valid until December 31, 2022.

Article 2 – content

these general terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods proposed by the seller to the buyer, from the website petanque-web.com.

These conditions apply only to purchases made on the site of and delivered exclusively in metropolis or Corsican. for any delivery in DOM-TOM or abroad, a message must be sent to the following e-mail address:contact@petanque-web.com . .

These purchases concern the following products: engraving and customization, petanque balls as well as petanque accessories and Provencal game.

Article 3 – pre-contractual information

The purchaser acknowledges having communicated, prior to the transfer of his order and the conclusion of the contract, in a legible and understandable manner, these general terms and conditions of sale and all information listed in article l. 221-5 of the consumer code.

Are transmitted to the buyer in a clear and understandable manner, the following information:

- the essential characteristics of the good;

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

- if applicable, all additional transportation, delivery or postage costs and any other charges payable;

- in the absence of immediate execution of the contract, the date or time at which the seller undertakes to deliver the property, regardless of its price;

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

Article 4 – order

The purchaser has the option to place his order online, from the online catalogue and using the form in it, for any product, within the limits of the stock available.

The purchaser will be informed of any unavailability of the product or of the property ordered.

For the order to be validated, the purchaser must accept, by clicking on the place indicated, these terms and conditions. it will also have to choose the address and delivery mode, and finally validate the payment method.

The sale will be considered final:

- after sending the purchaser confirmation of the acceptance of the order by the seller by email;

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

Any order is to accept the prices and description of the products available for sale. any contestation on this point will take place within the framework of a possible exchange and guarantees below mentioned.

In some cases, including default, erroneous address or other problem on the buyer's account, the seller reserves the right to block the purchaser's order until the problem is resolved.

For any questions relating to the follow-up of an order, the purchaser may call the following telephone number: 04 86 68 40 61 (cost of a local call), at the following days and times:
Monday closed
Tuesday 09:30 – 12:00 , 14:00 – 17:30
Wednesday 09:30 - 12:00 , 14:00 -17:30
Thursday 09:30 – 12:00 , 14:00 – 17:30
Friday 09:30 – 12:00 , 14:00 – 17:30
Saturday 09:30 - 12:00
Sunday closed
or send an email to the seller at the following email address:contact@petanque-web.com . .

Article 5 – order confirmation

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

Article 6 – proof of the transaction

Computerized records, stored in the vendor's computer systems under reasonable security conditions, will be considered to be evidence of communications, orders and payments between the parties. the archiving of orders and invoices is carried out on a reliable and durable support that can be produced as evidence.

Article 7 – Product information

The products governed by these Terms and Conditions are those listed on the seller's website and are indicated as sold and shipped by the seller. they are proposed within the limits of available stocks.

The products are described and presented with the greatest accuracy possible. However, if errors or omissions have occurred in this submission, the seller's liability could not be incurred.

Photographs of products are not contractual.

Article 8 – price

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

Prices are indicated in euros. they do not take into account shipping costs, invoiced in addition, and indicated before order validation. prices take into account the tva applicable to the day of the order and any change in the applicable tva rate will automatically be reflected on the price of the products of the online store.

If one or more taxes or contributions, including environmental, were to be created or modified, upwards and downwards, this change may be impacted on the selling price of products.

Article 9 – method of payment

It is an order with obligation of payment, which means that the order is passed implies a regulation of the buyer.

To settle the 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 purchaser 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 the event of a refusal to pay by credit card from the officially accredited bodies or in the event of non-payment. the seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who would not have paid a previous order in full or in part or with which a payment dispute would be in the course of administration.

9.1 the payment process by bank card is carried out in several steps:

1. 1. After filling your shopping cart, you have chosen the payment method by credit card. You are then automatically redirected to a secure page of the payzen website. the icons displayed at the bottom of the page indicate that you are on a secure page of the site. To validate your payment, you must return the following data: your bank card number, its expiration date and the cryptogram (the last three digits at the back of your card).

2. 2. Your personal bank data is encrypted before sending your computer to the payzen payment server. no information is transiting in clear on the internet.

3. 3. The payzen payment server sends its permission to a web petanque. in the case of a refusal from your bank, we do not have access to the confidential reason for the refusal of payment.

4. 4. The exchanges between you and the payzen server are encrypted so that web petanque has no access to your bank data.

5. 5. Your order will be registered upon acceptance of the payment by the bank.

9.2 – payment by paypal

If you have a paypal account, you can pay with it. in this case, the buyer will be redirected to the paypal site at the end of the order.

9.3 – late payment

Any delay in payments will interest the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In addition, a lump sum allowance of 80 € for recovery costs will be applied. (art. L.441-3, art. L.441-6 and art. D.441-5 of the Commercial Code).

Article 10 – availability of products – reimbursement – resolution

Except in the event of force majeure or during the closing periods of the online store that will be clearly announced on the homepage of the site, the shipping times will, within the limits of the available stocks, be those indicated below. the shipping times run from the date of registration of the order indicated on the order confirmation email.

For delivery in metropolitan France and Corsica, the deadline is 24 to 72 hours from the day after the day when the buyer placed his order, according to the following terms: by the logistics service. no later than 30 working days after the conclusion of the contract.

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

In case of non-compliance with the agreed date or delivery time, the buyer must, before breaking the contract, direct the seller to execute the contract within a reasonable additional time.

Failing to perform at the expiry of this new period, the buyer may freely break the contract.

The buyer will have to perform these formalities by registered letter with acknowledgement of receipt or by writing on another sustainable medium.

The contract will be considered to be resolved at the receipt by the seller of the letter or writing the informant of this resolution, unless the professional performed in the meantime.

The purchaser may, however, immediately resolve the contract, if the dates or deadlines mentioned above constitute an essential condition of the contract.

In this case, where the contract is resolved, the seller is required to refund the purchaser of all amounts paid, no later than 14 days after the date on which the contract was denounced.

In case of unavailability of the ordered product, the purchaser will be informed as soon as possible and will be able to cancel the order. the purchaser will then have the choice to request either the refund of the amounts paid within 14 days of their payment or the exchange of the product.

Article 11 – terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the property. the products ordered are delivered in accordance with the terms and time specified above.

The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. any parcel returned to the seller because of an erroneous or incomplete delivery address will be returned to the buyer's fees. the purchaser may, upon 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 purchaser is absent on the day of delivery, the delivery will leave a notice of passage in the mailbox, which will allow to remove the parcel at the place and time specified.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. if damaged, the purchaser must absolutely refuse the parcel and note a reservation on the delivery slip (colis refused because opened or damaged).

The purchaser must indicate on the delivery voucher and in the form of hand-written reserves accompanied by its signature any anomaly concerning the delivery (agar, product missing from the delivery voucher, damaged parcels, broken products).

This verification is considered to be carried out once the purchaser, or a person authorized by him, has signed the delivery form.

The purchaser must then confirm by registered mail these reservations to the carrier no later than two working days after the receipt of the goods(s) and forward a copy of this mail by fax or simple mail to the seller to the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. any claim made outside this period may not be accepted. the return of the product can only be accepted for products in their original condition (packing, accessories, instructions).

Article 12 – delivery errors

The purchaser will have to formulate with the seller the same day of delivery or no later than the first business day after delivery, any claim for error of delivery and/or non-compliance of the products in kind or in quality with the indications on the order form. any claim beyond that period will be rejected.

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

- by telephone: 04 86 68 40 61

- by e-mail to the following address: contact@peranque-web.com

Any claim not made in the rules defined above and within the specified time limits shall not be taken into account and shall release the seller from any liability to the buyer.

Upon receipt of the claim, the seller will assign an exchange number of the product(s) concerned and send it by e-mail to the buyer. the exchange of a product may take place only after the allocation of the exchange number.
to the extent that the order concerns products manufactured or modified according to the customer's requirements, therefore custom products (for example, signage), no right of withdrawal, termination or restitution can be granted (see article 14 )

In the event of an error of delivery or exchange, any product to be exchanged or refunded will have to be returned to the seller as a whole and in its original packaging, in recommended packagesimo, to the following address: webpetanque, 19 rue villa oddo 13015 marseille.

The return fee is paid by the purchaser, except in case of error by the seller.

Article 13 – Guarantee of Products

13-1 legal compliance guarantee

The seller is responsible for the conformity of the property sold to the contract, allowing the purchaser to make an application under the legal guarantee of conformity provided for in articles 217-3 et seq. of the consumer code.

In the event of implementation of the legal compliance guarantee, it is recalled that:

- the buyer has a period of 2 years from the grant of the property to act;

- the purchaser may choose between the repair or replacement of the property, subject to the cost conditions provided for in article 217-17 of the consumer code;

- the purchaser does not have to prove the non-compliance of the property within 24 months in the case of new property (12 months in the case of used property), following the issuance of the property.

13-2 legal guarantee of hidden defects

In accordance with articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. it will be up to the purchaser to prove that the defects existed at the sale of the property and are likely to render the property unfit for the use to which it is intended. this guarantee must be implemented within two years of the discovery of the vice.

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

Article 14 – right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the purchaser has 14 days from the date of delivery of the order, to return any item that is not suitable to him and to request exchange or refund without penalty, with the exception of the return fees that remain at the expense of the purchaser.

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

Damaged, soiled or incomplete products are not recovered.

The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a sustainable support will be immediately communicated to the buyer. any other form of withdrawal declaration is accepted. He must be deprived of ambiguity and express the will to withdraw.

In the event of the exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery fee shall be refunded.

The return fee is at the expense of the buyer.

The exchange (subject to availability) or the refund will be made within 3 months and 12 months, and no later than, within 14 days from the receipt by the seller of the goods returned by the buyer under the conditions specified above.

Exceptions

Under Article L221-28 of the Consumer Code, the right of withdrawal shall not be exercised for contracts:
- provision of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

- the supply of goods made according to the specifications of the consumer or clearly customized;

- provision of goods that may deteriorate or perish quickly;
- provision of goods that have been sealed by the consumer after delivery and that 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;
- provision of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond professional control;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to respond to the emergency;
- provision of audio or video recordings or computer software when unsealed by the consumer after delivery;
- provision of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- provision of a digital content not provided on a material medium whose execution began after express prior agreement of the consumer and expressly waived its right of withdrawal.

Article 15 – force majeure

Any circumstances independent of the will of the parties preventing the performance under normal conditions of their obligations are considered to be causes of exemption from the obligations of the parties and result in their suspension.

The party who invokes the above circumstances must immediately notify the other party of their occurrence and of their disappearance.

Any irresistible facts or circumstances outside the parties, unpredictable, unavoidable, unavoidable, independent of the will of the parties and which may not be prevented by the parties, despite all reasonable efforts. expressively, 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 stopping of telecommunications networks or difficulties specific to the external telecommunications networks to customers.

The parties will be closer to examining the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the force majeure case lasts more than three months, these general conditions may be terminated by the injured party.

Article 16 – Intellectual property

The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting

Article 17 – Computers and Freedoms

The nominal data provided by the purchaser are necessary for the processing of his order and for the preparation of invoices.

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

The purchaser has a right of permanent access, modification, rectification and opposition with respect to the information concerning him. this right may be exercised under the conditions and in the manner defined on the site.

Article 18 - Partial invalidation

If one or more stipulations of these general conditions are held for invalid or declared as such under a law, by-law or as a result of a final decision of a competent court, the other stipulations shall retain all their strength and scope.

Article 19 - Non-nunciation

The fact that one of the parties does not avail itself of a breach by the other party to any of the obligations referred to in these Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 20 — title

In the event of difficulty of interpretation between any of the titles in the head of the clauses, and any of the clauses, the titles will be declared nonexistent.

Article 21 – language of contract

These general conditions of sale are in French. in the event that they are translated into one or more foreign languages, only the French text would be credible in the event of a dispute.

Rule 22 – Mediation and Litigationes

The purchaser may resort to conventional mediation, such as the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution (e.g., reconciliation) in case of dispute. the names, contact information and e-mail address of the mediator are available on our website.

Pursuant to Article 14 of Regulation (ue) No. 524/2013, the European Commission has set up a platform for online dispute resolution, facilitating the extrajudicial settlement of online disputes between consumers and professionals of the European Union. this platform is accessible to the following link:https://webgate.ec.europa.eu/odr/.

Article 23 – applicable law

These general conditions are subject to the application of French law. the competent court is the court.

It is so for substantive rules as for formal rules. in the event of a dispute or claim, the buyer will address the seller first to obtain a friendly solution.

Article 24 – Protection of personal data

Data collected

Personal data collected on this site are as follows:

- account opening: when creating the user account

- connection: when the user connects to the website, the website records, in particular, its name, first name, login data, use, location and payment data;

- profile: the use of the services provided on the website allows to provide a profile, which can include an address and telephone number;

- payment: as part of the payment of the products and services offered on the website, the website 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 user's communications data are temporarily stored;

- cookies: cookies are used as part of the use of the website. the user has the ability to disable cookies from the settings of their 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, uses are:

- user access and use of the website;

- running and optimizing the website;

- organization of the terms and conditions of use of payment services;

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

-proposing the user of the ability to communicate with other users of the website;

- implementation of user assistance;

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

-prevention and detection of frauds, malware (malicious software or malware) and security incident management;

- managing potential disputes with users;

- sending commercial and advertising information, depending on 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 payment services, for the implementation of these services, the website is in relation to third-party banking and financial companies with which it has contracted;

- when the user publishes information accessible to the public in the free comments areas of the website;

- when the user authorizes a third party's website to access its data;

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

-if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;

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

Security and confidentiality

The website implements organisational, technical, software and physical measures for digital security to protect personal data from unauthorized alterations, destruction and access. However, it should be noted that the internet is not a fully secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by applying to the following address: .

• the right of access: they may exercise their right of access, to know the personal data concerning them. In this case, prior to the implementation of this right, the website may request proof of the user's identity to verify its accuracy.

• the right to rectification: if the personal data held by the website are inaccurate, they may request the update of the information.

• the right to delete data: Users may request the removal of their personal data in accordance with applicable data protection laws.

• the right to limitation of processing: Users may request the website to limit the processing of personal data in accordance with the assumptions provided by the gtr.

• the right to object to data processing: users may object to the processing of their data in accordance with the assumptions provided by the gtr.

• the right to portability: they can claim that the website gives them the personal data that is provided to them to pass them to a new website.

Evolution of this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If an amendment 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 modification by e-mail, within a minimum period of 15 days before the effective date. if the user does not agree with the terms of the new drafting of the personal data protection clause, it has the option to delete its account.

Annex:

Withdrawal form

(to be counted by the consumer,

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

within the maximum period of 14 days after the date of conclusion of the benefit contract)

Annex:

Consumer code

Article l. 217-4: “The seller delivers a property in accordance with the contract and responds to existing compliance defects during delivery.

It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.”

Article l. 217-5: “The property complies with the contract:

1° If it is specific to the usually expected use of a similar property and, where applicable:

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

- if it presents the qualities that a buyer can legitimately wait with regard to the public statements made by the seller, producer or representative, in particular in advertising or labelling;

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

Article 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 unable to know them”.

Article l. 217-7: “The defects in conformity that appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless otherwise proven. for used goods, this period is set at six months. the seller may fight this presumption if it is not compatible with the nature of the property or the defect of conformity invoked.”

Article l. 217-8: “The buyer is entitled to require the conformity of the good to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. the same is true when the defect at its origin in the materials it provided itself.”

Article l. 217-9: “If there is no conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer's choice if this choice results in a clearly disproportionate cost to the other modality, given the value of the property or the importance of the default. it is then obliged to proceed, unless impossible, according to the mode not chosen by the buyer.”

Article l. 217-10: “If the repair and replacement of the property are impossible, the purchaser may render the good and be restored the price or keep the good and be made a part of the price. the same faculty shall be open to it: 1° if the solution requested, proposed or agreed under Article l. 217-9 cannot be implemented within one month of the buyer's claim; 2° or if this solution cannot be without any major disadvantage to it given the nature of the good and the use it seeks. however, the resolution of the sale cannot be pronounced if the lack of conformity is minor.”

Article l. 217-11: the application of the provisions of articles l. 217-9 and l. 217-10 shall take place at no cost to the buyer. these same provisions do not impede the allocation of damages.

Article l. 217-12: “The action resulting from the failure to comply is prescribed by two years from the issuance of the property.”

Article l. 217-13: "The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the prohibited defects as it arises from articles 1641 to 1649 of the Civil Code or any other act of a contractual or extra-contractual nature which is recognized by law."

Article l. 217-14: "Recursory action fears being exercised by the final seller against successive vendors or intermediaries and the producer of the tangible property, according to the principles of the civil code.

Article l. 217-15: "the commercial guarantee means any contractual undertaking of a professional with respect to the consumer for the refund of the purchase price, replacement or repair of the property or the provision of any other service in relation to the property, in addition to its legal obligations to guarantee the conformity of the property.
the commercial guarantee is the subject of a written contract, of which a copy is given to the buyer.
the contract specifies the contents 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 makes clear and precise mention that, regardless of the commercial warranty, the seller remains bound by the legal compliance guarantee referred to in sections l. 217-4 to 217-12 and that relating to the defects of the thing sold, under the conditions specified in sections 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 fully reproduced in the contract.
in the event of non-compliance, 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 that was granted to him during the acquisition or repair of a furniture property, a remediation covered by the guarantee, any period of immobilization of at least seven days shall be added to the duration of the guarantee that remained to be run.

This short period from the request for intervention of the purchaser or the provision for repair of the property in question, if this provision is after the request for intervention.”

Civil code

Article 1641: “The seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is intended, or that so diminish this use, that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them.”

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the vice. in the case provided for in section 1642-1, the action shall be brought, barely forfeited, in the year after the date on which the seller may be discharged from apparent defects or defects of conformity".