Terms and conditions of sale

General conditions of sale of the sole proprietorship ADAMA DAMA 

Preamble These general conditions of sale apply to all sales concluded on the DXMX website. The website WWW.DXMX.ASDMARKET22.COM is a service of: The sole proprietorship ADAMA DAMA located at 5 ALLEE JEAN ZAY 77200 TORCY, FRANCE URL: WWW.DXMX.ASDMARKET22.COM e-mail: DXMXST@GMAIL.COM telephone number: _  The DXMX website sells the following new products: VETEMENTS. The customer declares that he has read and accepted the general conditions of sale before placing his order. The validation of the order therefore means acceptance of the general conditions of sale. Article 1 - Principles These terms and conditions express all 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 DXMX website 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 terms and conditions from time to time. They will be applicable as soon as they are posted online. If a condition of sale were to fail, it would be considered to be governed by the practices in force in the sector of distance selling whose companies have their headquarters in France. The present general conditions of sale are valid until 31 July 2024. Article 2 - Content The purpose of these general 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 DXMX website. These conditions only apply to purchases made on the DXMX website and delivered exclusively in mainland France or Corsica. For any delivery in DOM-TOM or abroad, please send a message to the following email address: ASDMARKET22@GMAIL.COM. These purchases concern the following products: VETEMENTS. Article 3 - Pre-contractual information The buyer acknowledges having received communication, prior to the placing of his order and the conclusion of the contract, in a legible and understandable manner, these general conditions of sale and all the information listed in article L. 221-5 of the Consumer Code. The following information shall be sent to the buyer in a clear and comprehensible manner: - the essential characteristics of the good; - the price of the good and/or the method of calculating the price; - if applicable, all additional transport costs, delivery or postage and any other costs that may be payable; - in the absence of immediate performance of the contract, the date or time limit on which the seller undertakes to deliver the good, whatever its price; - information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and 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 which appears there, for any product, within the limit of available stocks. The buyer will be informed of any unavailability of the product or goods ordered. For the order to be validated, the buyer must accept, by clicking on the indicated place, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method. The sale will be considered final: - after sending to the buyer the confirmation of acceptance of the order by the seller by email; - and after receipt by the seller of the full price. Any order is acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below. In certain cases, including payment default, 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. If you have any questions regarding the follow-up of an order, the buyer can call the following telephone number: _________________ (cost of a local call), on the following days and times: Monday to Friday, from 8am to 8pm, or send an email to the seller at the following email address: DXMXST@GMAIL.COM


 Article 5 - Electronic signature The online supply of the buyer’s credit card number and the final validation of the order shall be proof of the buyer’s agreement: - payment of amounts due under the purchase order; - signature and express acceptance of all the operations carried out. In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: _________________. Article 6 - Order confirmation The seller provides the buyer with an order confirmation, by email. Article 7 - Proof of transaction The computerized records, kept in the computer systems of the seller under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is done 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 by the seller. They are offered while stocks last. Products are described and presented as accurately as possible. However, if errors or omissions may have occurred regarding 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 change its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on this date. Prices are quoted in euros. They do not take into account delivery costs, charged extra, 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 automatically be reflected in the price of the products in the online shop. If one or more taxes or contributions, particularly environmental ones, were to be created or modified, up or down, this change may be reflected in the selling price of the products. Article 10 - Payment method This is an order with payment obligation, which means that the placing of the order implies payment by the buyer. To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the purchase order. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization to pay by credit card from officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse delivery or to honour 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 being administered. The payment of the price is made in full on the day of the order, according to the following methods: - credit card - paypal Article 9 - Price The seller reserves the right to change its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on this date. Prices are quoted in euros. They do not take into account delivery costs, charged extra, 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 automatically be reflected in the price of the products in the online shop. If one or more taxes or contributions, particularly environmental ones, were to be created or modified, up or down, this change may be reflected in the selling price of the products. Article 10 - Payment method This is an order with payment obligation, which means that the placing of the order implies payment by the buyer. To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the purchase order. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization to pay by credit card from officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse delivery or to honour 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 being administered. The payment of the price is made in full on the day of the order, according to the following methods: - credit card - paypal 



Article 11 - Availability of products - Refund - Resolution Except in the event of force majeure or during the periods of closure of the online store that will be clearly announced on the homepage 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 3-5 days from the day following the day the buyer placed his order, according to the following terms: Colissimo. No later than 30 working days after the conclusion of the contract. For deliveries to 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 time limit, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional time. In the absence of performance on the expiry of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has been executed in the meantime. The buyer may, however, terminate the contract immediately, if the dates or deadlines mentioned above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all the amounts paid, at the latest within 14 days of the date on which the contract was terminated. 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 the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 - Delivery terms Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered to the buyer by the supplier of the seller according to the terms and the period specified above. The products are delivered to the address indicated by the buyer on the purchase order, the buyer must therefore ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be returned at the expense of the buyer. 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 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, the buyer must then 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 reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged packages, broken products...). This verification is considered to be carried out once 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 or items and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions legal site. 



. If the products need to be returned to the seller, they must be subject to a return request from the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, leaflet...). Article 13 - Delivery errors The buyer must submit to the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/ or non- deliveryconformity of the products in kind or quality with the indications on the purchase order. Any claim beyond this period will be rejected. The claim may be made, at the option of the purchaser: - by telephone at the following number: _________________ ; - by e-mail at the following address: DXMXST@GMAIL.COM. Any claim not made in accordance with the rules defined above and within the time allowed will not be taken into account and will release the seller from any responsibility towards the buyer. Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned (s) and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number. In case of delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommended, at the following address: 5 ALLEE JEAN ZAY, 77200 TORCY. The return costs are borne by 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, permettant à l'acheteur de formuler une demande au titre de la garantie légale de conformité prévue aux articles L. 217-3 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 repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code; - the buyer does not have to prove the non-compliance of the property during the 24 months in the case of new goods (12 months in the case of second-hand goods), following the delivery of the property. 14-2 Legal warranty of hidden defects In accordance with articles 1641 and following of the Civil Code, the seller is 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 sale of the property and are likely to make the property 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 of 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 that does not suit him and request the exchange or refund without penalty, except for the return costs that remain the responsibility of the buyer. Returns are to be made in their original condition and complete (packaging, accessories, instructions...) allowing their recommercialization 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 retraction is accepted. It must be unambiguous and express the will to retract. In case of exercise of the right of withdrawal within the aforementioned period, are refunded the price of the product (s) purchased (s) 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 72 days, and at the latest, within 14 days of 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: - the supply of goods whose price depends on fluctuations on the financial market beyond the professional’s control and likely to occur during the withdrawal period; - supply of goods made to consumer specifications or clearly customised; - 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; - of the supply of alcoholic beverages whose delivery is deferred tobeyond 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 him, within the limits of spare parts and works strictly necessary to respond to the emergency; - supply of audio or video recordings or computer software when unsealed by the consumer after delivery; - supply of a diary, a periodical or magazine, except for subscriptions to such publications; - the supply of digital content not supplied on a material medium the performance of which began after the consumer’s express prior consent and express waiver of his right of withdrawal.

 Article 16 - Force majeure All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as reasons for exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance. All compelling facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts, shall be considered as cases of force majeure. 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 telecommunications networks or difficulties specific to telecommunications 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 lasts longer 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. The buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement. 


Article 18 - IT and Liberties 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 buyer has a right of permanent access, modification, rectification and opposition regarding the information concerning him. This right may be exercised under the conditions and according to the terms defined on the DXMX website. 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 shall retain their full force and scope. Article 20 - Non-renunciation 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 conditions cannot be interpreted for the future as a waiver of the obligation in cause. Article 21 - Title In case of difficulty of interpretation between any of the titles appearing at the top 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 would prevail in the event of a dispute. Article 23 - Mediation and dispute resolution The buyer may resort to a conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our website. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at https://webgate. ec.europa.eu/odr/. Article 24 - Applicable law These general conditions are subject to the application of French law. The court of competent jurisdiction is the judicial court. This is the case for both substantive and procedural 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 are as follows: - account opening: when creating the user’s account, his name; first name; email address; - connection: when the user connects to the website, the website records, in particular, his name, first name, login, 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 user’s bank account or credit card; - communication: when the website is used to communicate with other members, data concerning the user’s communications are temporarily stored; - cookies: cookies are used, as part of the use of the site. The user has the possibility to disable cookies from the settings of his browser. The purpose of the personal data collected from users is to provide the services of the website, to improve them and to maintain a secure environment. More 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 conditions 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; - customisation of services by displaying advertisements according to the user’s browsing history, according to their preferences; - prevention and detection of fraud, malware (malicious software or malware) and management of security incidents; - managing any disputes with users; - sending commercial and advertising information, according to user preferences. Sharing of personal data with third parties Personal data may be shared with third parties, in the following cases: - when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts; - when the user publishes publicly available information in the open comment areas of the website; - when the user allows the website of a third party to access their data; - when the website uses the services of service providers to provide user support, advertising and payment services. 



These service providers have limited access to the user’s data, as part 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 transmit data in response to complaints against the website and comply with administrative and judicial procedures; - if the website is involved in a merger operation, acquisition, sale of assets or insolvency proceedings, it may have to assign 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 organisational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet. Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: DXMXST@GMAIL.COM. the right of access: they can exercise their right of access, to know the personal data concerning them. 


Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: DXMXST@GMAIL.COM. 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 identity of the user in order to verify its accuracy. the right to rectification: if the personal data held by the website is inaccurate, they can 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 can 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 the processing of data: users may object to their data being processed in accordance with the assumptions provided for in the GDPR. the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website. 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 email, within a minimum of 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 to delete his account. Appendix: Withdrawal form (to be completed by the consumer, and to be sent by registered letter with acknowledgement of receipt, within the maximum period of 14 days following the date of conclusion of the service contract) Withdrawal form Attention: ADAMA DAMA located at: 5 ALLEE JEAN ZAY, 77200 TORCY phone no.: _________________ email address: DXMXST@GMAIL.COM I hereby notify you of my withdrawal from the contract for ....................., ordered on: ...... Consumer’s first and last name: ................. Consumer’s address: .............. Date: .................. Consumer signature Annex: Code de la Consommation Article L. 217-4: “The seller delivers a good in accordance with the contract and is liable for any conformity defects existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged by the contract or has been carried out under its responsibility.” Article L. 217-5: “The property is in conformity with the contract: 1° If it is fit for the usual use expected of a similar property and, if so: - if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; - whether it presents the qualities that a buyer can legitimately expect in respect of public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is specific to 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 declarations of the producer or his representative if it is established that he did not know them and was legitimately not able to know them”. Article L. 217-7: “Defects of conformity that appear within twenty-four months from the delivery of the property are presumed to exist at the time of delivery, unless proven otherwise.For second-hand goods sold, The seller can fight 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 property with the contract. It cannot, however, challenge compliance by invoking a defect that it knew or could not ignore when it contracted. The same is true when the defect originates in the materials supplied by him.” Article L. 217-9: “In case of lack of 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 entails a clearly disproportionate cost with regard to the other modality, taking into account the value of the property or the extent of the defect. He is then required 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 can return the good and be returned the price or keep the good and be returned part of the price. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the complaint of the buyer; 2° Or if this solution cannot be implemented without major inconvenience for the buyer the nature of the property and the intended use.

However, the sale cannot be terminated 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 prevent 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 property.” Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from the prohibitive defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized to him by the law." Article L. 217-14: "The challenge 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 warranty means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in connection with the good, in addition to its legal obligations to ensure the conformity of the property. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the modalities of its implementation, its price, its duration, its territorial extent and the name and address of the guarantor.



 In addition, it states clearly and precisely that, apart from 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 the defects of the thing sold, in accordance with 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 fully reproduced in the contract. In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to claim it." Article L. 217-16: “When the buyer requests from the seller, during the course of the commercial warranty granted to him when acquiring or repairing movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is in addition to the duration of the warranty that remained to run. This period shall run from the buyer’s request for intervention or from the provision for repair of the property in question, if this provision is subsequent to the request for intervention.” Civil Code Article 1641: “The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the purpose for which it is intended, or which reduce this use so much, 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 prohibitive 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 after the date on which the seller may be discharged of defects or defects of conformity» apparent.