Terms of use

Last name: de Mestier
First name: Hervé
Address: 7 rue Emile Zola - 12150 Séverac d'Aveyron
Email: misesenlumiere@misesenlumiere.fr
HERVE DE MESTIER REF 17568 652870 5
SIREN 324 071 919
SIRET 324 071 919 00041
ETABLISSEMENT 324 071 919 00025
CODE ACTIVITE 5520Z
General conditions of sale
Preamble
These general conditions of sale apply to all sales concluded on the misesenlumiere website.
The website www.misesenlumiere.fr is a service of :
- L'entreprise individuelle Hervé de Mestier
- located 7 rue Emile Zola, 12150 séverac d'aveyron, france
- site URL address: www.misesenlumiere.fr
- e-mail: misesenlumiere@misesenlumiere.fr
- telephone: 0607275832
The misesenlumiere website sells the following products: luminous photos.
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing his/her order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.
Article 1 - Principles
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing circuits.
They are accessible on the misesenlumiere website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are put on line.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
The present general conditions of sale are valid until June 30, 2019.
Article 2 - Contents
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the misesenlumiere website.
These terms and conditions apply only to purchases made on the misesenlumiere website and delivered exclusively in mainland France or Corsica. For all deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: misesenlumiere@misesenlumiere.fr.
These purchases concern the following products: photographs.
Article 3 - Pre-contractual information
The purchaser acknowledges that, prior to placing his/her order and concluding the contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
The following information is provided to the purchaser in a clear and comprehensible manner:
- the essential characteristics of the goods;
- the price of the goods and/or the method of calculating the price
- and, where applicable, any additional transport, delivery or postage costs and any other charges due.
- in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the goods, whatever their price;
- information relating to the seller's identity, postal, telephone and electronic contact details, and its activities, as well as information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 - Ordering
The purchaser may place an order online, from the online catalog and using the form provided therein, for any product within the limits of available stocks.
The purchaser will be informed of any unavailability of the product or good ordered.
For the order to be validated, the purchaser must accept the present terms and conditions by clicking where indicated. He/she must also choose the address and delivery method, and finally validate the payment method.
The sale will be considered final:
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
- and after the seller has received payment in full.
All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
For any questions relating to the tracking of an order, the buyer should call the following telephone number: 0607275832 (cost of a local call), on the following days and at the following times: every day, or send an e-mail to the seller at the following e-mail address: misesenlumiere@misesenlumiere.fr.
Article 5 - Electronic signature
The on-line provision of the purchaser's credit card number and the final validation of the order shall constitute proof of the purchaser's agreement:
- that the sums due under the purchase order are payable,
- that all operations carried out have been signed and expressly accepted.
In the event of fraudulent use of a bank card, the purchaser is invited to contact the seller on the following telephone number: 0607275832.
Article 6 - Order confirmation
The seller will provide the purchaser with a copy of the contract by e-mail.
Article 7 - Proof of transaction
Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these general terms and conditions are those that appear on the seller's website and are indicated as sold and dispatched by the seller. They are offered while stocks last.
Products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
Photographs of products are not contractual.
Article 9 - Prices
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices include the VAT applicable on the date of the order, and any change in the VAT rate will be automatically reflected in the price of products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, either upwards or downwards, this change could be passed on to the selling price of the products.
Article 10 - Method of payment
This is an order with an obligation to pay, which means that the placing of the order implies payment by the purchaser.
To pay for his/her order, the purchaser has the choice of all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
Payment must be made in full on the day the order is placed, using the following methods:
by credit card by paypal by cheque by bank transfer.
Payment must be made in full, according to the following methods: by credit card by paypal by cheque by bank transfer.
Article 11 - Product availability - Refunds - Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, as indicated below. Shipping times begin on the order registration date indicated on the order confirmation e-mail.
For deliveries in mainland France and Corsica, the delivery time is 4 days from the day following the day on which the buyer placed the order, using the following methods: fedex. At the latest, the delivery time will be 30 working days after the conclusion of the contract.
For deliveries to French overseas departments and territories or to other countries, delivery terms will be specified to the purchaser on a case-by-case basis.
In the event of failure to meet the agreed delivery date or deadline, the purchaser must, before breaking the contract, request the seller to perform within a reasonable additional period.
Failing performance on expiry of this new period, the purchaser may freely terminate the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.
The contract shall be deemed to have been terminated on receipt by the seller of the letter or written document informing him of such termination, unless the professional has performed in the meantime.
The buyer may, however, terminate the contract immediately if he considers the dates or deadlines referred to above to be an essential condition of the contract.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was cancelled.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option of cancelling the order. The purchaser will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.
Article 12 - Delivery
Delivery refers to the transfer to the consumer of physical possession or control of the goods. Products ordered are delivered according to the terms and conditions and within the timeframe specified above.
Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent 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 deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and within the time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the purchaser must check the condition of the items. If they have been damaged, the purchaser must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
The purchaser must indicate on the delivery slip, in the form of handwritten reservations accompanied by his/her signature, any anomaly concerning the delivery (damage, missing product compared with the delivery slip, damaged parcel, broken products, etc.).
This verification is considered to have been carried out once the purchaser, or a person authorized by him/her, has signed the delivery slip.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s), and send a copy of this letter by fax or ordinary mail to the seller at the address given in the site's legal notice.
If the products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer's option:
- telephone number: 0607275832;
- e-mail address: misesenlumiere@misesenlumiere.fr.
Any claim not made in accordance with the rules set out above and within the specified time limits will not be taken into account and will release the seller from any liability to the buyer.
On receipt of the claim, the seller will allocate an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 7 rue emile zola, 12150 severac d'aveyron.
The cost of returning the product is borne by the seller.
Article 14 - Product guarantee
Legal guarantee of conformity and legal guarantee against hidden defects
misesenlumiere guarantees the conformity of the goods with the contract, enabling the purchaser to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code or the guarantee against defects in the item sold as defined in articles 1641 et seq. of the French Civil Code.In the event of the legal warranty of conformity being invoked, please note that:
- the purchaser has a period of 2 years from the date of delivery of the goods in which to take action;
- the purchaser may choose between repair or replacement of the goods, subject to the cost conditions stipulated in article L. 217-17 of the French Consumer Code;
- the purchaser does not have to prove the non-conformity of the good during the 24 months following delivery of the good, in the case of new goods.
In addition, we remind you that:
- the legal warranty of conformity applies independently of the commercial warranty indicated below;
- the purchaser may decide to invoke the warranty against hidden defects of the thing sold within the meaning of article 1641 of the French Civil Code. In this case, the purchaser may choose between rescission of the sale or a reduction in price in accordance with article 1644 of the French Civil Code.
Commercial warranty
Products sold are also covered by a commercial warranty aimed at guaranteeing their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the French Consumer Code, the purchaser has a period of 14 days from the date of delivery of his order to return any item which does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the purchaser.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
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 durable medium will be sent immediately to the purchaser. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery charges will be reimbursed.
The cost of returning the product(s) is borne by the purchaser.
The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.
Exceptions
According to article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts :
- the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software where these have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the supply of digital content not supplied on a tangible medium, where performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exoneration of the parties' obligations and shall result in 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.
Force majeure shall mean any facts or circumstances which are irresistible, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by the parties, despite all reasonably possible efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fire, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present general terms and conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, who is the sole owner of the 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 forbidden and is likely to constitute an infringement of copyright.
Article 18 - Information Technology and Civil Liberties
The nominative data supplied by the purchaser is necessary for the processing of his/her order and the preparation of invoices.
It 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 misesenlumiere website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the conditions and according to the procedures defined on the misesenlumiere website.
Article 19 - Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by 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 avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Headings
In the event of any difficulty of interpretation between any of the headings appearing at the top of the clauses, and any of the clauses, the headings will be declared non-existent.
Article 22 - Language of the contract
These general terms and conditions of sale are drawn up in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - Mediation
The purchaser may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 24 - Applicable law
These general terms and conditions are subject to the application of French law. The competent court is the Tribunal d'Instance for disputes of €10,000 or less, or the Tribunal de Grande Instance for disputes of over €10,000.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected:
The personal data collected on this site is as follows:
Account opening: when the user's account is created, the user's surname, first name,
Connection: when the user connects to the website, the website records, in particular, the user's surname, first name, connection data, usage data, location data and payment data.
Profile: when using the services offered on the website, a profile is created, which may include an address and telephone number.
Payment: when paying for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, data relating to the user's communications is temporarily stored.
Cookies: cookies are used when using the website. Users can deactivate cookies via their browser settings.
Use of personal data
Personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history and preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending of 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 relation with third-party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes the website of a third party to access his/her data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data for the purposes of providing these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and legal proceedings;
- if the website is involved in a merger, acquisition, transfer of assets or receivership, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures 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.
Implementation of users' rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: misesenlumiere@misesenlumiere.fr.
- the right of access: users may exercise their right of access to their personal data. In this case, before exercising this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right of rectification: if the personal data held by the website is inaccurate, users may request that the information be updated.
- the right of deletion: users may request the deletion 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 for by the RGPD.
- the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.
- the right to portability: they may request that the website return the personal data provided to them for transmission to a new website.
Changes to 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 the present personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Appendix:
Withdrawal form
(to be completed by the consumer,
and sent by registered letter with acknowledgement of receipt,
within a maximum of 14 days from the date of conclusion of the service contract)
Withdrawal form
For the attention of:
Hervé de Mestier
located at : 7 rue Emile Zola, 12150 séverac d'aveyron
telephone number: 0607275832
e-mail address: misesenlumiere@misesenlumiere.fr
I hereby notify you of my withdrawal from the contract for the service ordered on: .........
Consumer's first and last name: .................
Consumer's address: .................
Date: ..................
Consumer's signature
_________________________________________________________________________
Annexes
Code de la Consommation
Article L. 217-4: "Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance.
Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité."
Article L. 217-5: "The good conforms to the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L. 217-6: "The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them".
Article L. 217-7: "Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, in the absence of proof to the contrary.The seller may rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity."
Article L. 217-8: "The buyer is entitled to demand that the good conforms to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he contracted. The same applies when the defect originates in materials supplied by the purchaser."
Article L. 217-9: "In the event of a lack of conformity, the purchaser may choose between repair and replacement of the good. However, the seller may not proceed according to the purchaser's choice if this choice would entail a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."
Article L. 217-10: "If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor."
Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.
Article L. 217-12: "Action resulting from a lack of conformity shall be barred after two years from delivery of the goods."
Article L. 217-13: "The provisions of the present section do not deprive the purchaser of the right to bring an action arising from redhibitory defects as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law."
Article L. 217-14: "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
Article L. 217-15: "The commercial warranty is any contractual commitment by a professional to the consumer to reimburse the purchase price, replace or repair the property or provide any other service related to the property, in addition to his legal obligations to guarantee the conformity of the property.
The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor.
In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French 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 French Civil Code are reproduced in full in the contract.
In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of this right."
Article L. 217-16: "When the purchaser asks the seller, during the course of the commercial warranty which was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run.
This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service."
Civil Code
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 was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them."
Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged from any apparent "defects or lack of conformity".