Terms of sale

Preamble

These general conditions of sale apply to all sales concluded on the website COCA Excellence & Cavas The website is a service of: The sole proprietorship Paris Rhum Club located 12 bis rue de Béziers 93150, White France Site URL address: E-mail: parisrhumclub@outlook.fr Telephone number: 33 661819981

The website markets the following products: .Coca Excellence & Cavas Alcohol and cigar accessories The Customer declares that they have read and have accepted the general conditions of sale prior to the award of His order.

The validation of the order is therefore worth acceptance of the general conditions of sale.

Article 1 - Principles These general conditions express all the obligations of the parties. In this sense, the buyer is deemed accept without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those Applicable for store sales or by other distribution and marketing circuits.

They are accessible on the website and will prevail, if necessary, on any other Coca Excellence & Cavas version or any other contradictory document. The seller and the buyer agree that these general conditions govern their relationship exclusively.

THE Seller reserves the right to punctually modify its general conditions. They will be applicable as soon as they line. If a sales condition were to be lacking, it would be considered to be governed by the uses in force in the sector of distance selling whose companies have their headquarters in France.

These general conditions of sale are valid until .February 14, 2121

Article 2 - Content These general conditions are to define the rights and obligations of the parties within the framework of the sale in line of goods offered by the seller to the buyer, from the website .Coca Excellence & Cavas These conditions only concern purchases made on the and delivered Coca Excellence & Cavas exclusively in mainland France or Corsica.

For any delivery in the overseas departments and abroad, it is advisable to send a Message at the following email address: parisrhumclub@outlook.fr These purchases concern the following products: Alcohol and cigar accessories.

Article 3 - PRECONTRACTUAL INFORMATION The buyer acknowledges having had 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 at 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 property;- the price of the property and/or the method of calculating the price;- If applicable, all additional transport, delivery or postage costs and all other possible costs due;- in the absence of immediate execution of the contract, the date or the period to which the seller undertakes to deliver the property, whatever - in the absence of immediate execution of the contract, the date or the period to which the seller undertakes to deliver the property, whatever its price;- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, functionalities of digital content and, if necessary, to its interoperability, existence and methods of implementing guarantees and other contractual conditions.

Article 4 - order The buyer has the possibility of placing his order online, from the online catalog and by means of the form which Figure, for any product, within the limits of available stocks.The buyer will be informed of any unavailability of the product or the property ordered.In order for the order to be validated, the buyer must accept, by clicking in the indicated place, these conditions general. 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 the buyer to confirm the acceptance of the order by the seller by email;- and after collection by the seller of the full price.& Any order applies acceptance of prices and the description of the products available for sale.

Any challenge to this point will take place within the framework of a possible exchange and the guarantees below mentioned.In some cases, in particular defect of payment, erroneous address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. For any questions relating to the follow -up of an order, the buyer can call the following phone number: 33 661819981 (cost of a local call), in the following days and hours: from Monday to Saturday from 9:30 a.m. to 12:30 p.m. and 1:30 p.m. to 5.30 p.m. or send an email The following email address: .parisrhumclub@outlook.fr

Article 5 - Electronic signature The online supply of the buyer's bank card number and the final validation of the order will be proof of buyer's agreement:- ESSEMBLIBILITY OF SUMMERS DUE UNDER OF THE CONTROL PLACE;- Signature and express sense of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the Seller at the following phone number: . 33 661819981.

Article 6 - Order confirmation The seller provides the buyer with an order confirmation, by electronic messaging.

Article 7 - Proof of the transaction Computerized registers, kept in the seller's computer systems under reasonable conditions of security, will be considered the evidence of communications, orders and payments between the parts. Archiving of purchase orders and invoices is made on a reliable and durable support that can be produced to Title of evidence.

Article 8 - Product information The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest accuracy possible. However, if errors or omissions have been able to Performing this presentation, the seller's responsibility could not be engaged.Product photographs are not contractual.

Article 9 - Price The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated in time of order, subject to availability on this date. The prices are indicated in euros. They do not take into account the delivery costs, billed in addition, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in Applicable VAT rate will be automatically passed on to the price of online store products. If one or more taxes or contributions, including environmental, were to be created or modified, increasing If one or more taxes or contributions, especially environmental, were to be created or modified, up As decreasing, this change can be reflected in the sale price of products.

Article 10 - Payment method This is an order with payment obligation, which means that placing the order implies a buyer's regulations.To pay his order, the buyer has, at his choice, all the payment methods made available to him by the Seller and listed on the seller's website. The buyer guarantees to the seller that he has authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller is reserve the right to suspend any order management and any delivery in the event of refusal to pay payment by Bank card on the part of officially accredited organizations 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 totally or partially adjusted a previous order or with which a payment dispute would be in progress administration. Payment of the price is made in full on the day of the order, according to the following terms:- Bank card- Paypal

Article 11 - Product availability - Refund - Resolution Except in the case of force majeure or during the closing periods of the online store which will clearly be announced on the Home page of the site, shipping times will be, within the limits of available stocks, those indicated below. THE shipping times run from the date of registration of the order indicated on the confirmation email of the order.

For deliveries in mainland France and Corsica, the period is Delivery by Colissimo within 48 hours, or From the day following the one where the buyer delivery the next day if the order placed before 12 noon the day before,has placed his order, according to the following terms:

At the latest, the period will be 30 working days after the Collisimo Conclusion of the contract.For deliveries in the French overseas departments and territories or another country, the delivery methods will be specified to the buyer in case by case.In the event of non-compliance with the agreed date or delivery time, the buyer must, before breaking the contract, enjoin the seller to execute it within a reasonable additional time.

In the absence of execution at the expiration of this new period, the buyer may freely break the contract.The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on Another sustainable support.

The contract will be considered to be resolved upon receipt by the seller of the letter or the writing informing him of this resolution, Unless the professional has executed in the meantime.The buyer may however immediately resolve the contract, if the dates or deadlines seen above constitute for him a essential condition of the contract.

In this case, when the contract is resolved, the seller is required to reimburse the buyer for all the sums paid, at later in 14 days depending on the date on which the contract was denounced.In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at most late from their payment, the exchange of the product.

Article 12 - Delivery terms Delivery means the transfer to the consumer of physical possession or the control of the property. Products ordered are delivered according to the terms and delay specified above.The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure his accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be re -expressed at the costs of the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the address of Delivery, by validating the option provided for this purpose on the order form.If the buyer is absent on the day of delivery, the delivery man will leave a notice of passage in the mailbox, which will allow Remove the package to the place indicated.If at the time of delivery, the original packaging is damaged, torn, open, 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 reserve on the delivery slip (parcel refused because they are open or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reserves accompanied by his signature any Anomaly regarding delivery (damage, missing product compared to the delivery slip, damaged packages, products broken ...). This verification is considered to be performed as soon as the buyer, or a person authorized by him, signed the right delivery.The buyer must then confirm by registered mail these reservations to the carrier no later than two days operators following the reception of the articles (s) and transmit a copy of this mail by fax or simple mail to Seller at the address indicated in the legal notices of the site.If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made out of this period cannot be accepted.

The return of Product can only be accepted for products in their original condition (packaging, accessories, instructions ...).

Article 13 - Delivery errors The buyer must formulate with the seller the same day of delivery or no later than the first working day following the Delivery, any claim for delivery and/or non-compliance of products in kind or in quality compared to indications appearing on the order form. Any complaint made beyond this period will be rejected.

The complaint may be made, at the choice of the buyer:- By phone at the following number: 33 661819981- By e-mail at the following address: parisrhumclub@outlook.fr Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any responsibility vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and the will communicate by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller in his , Together and in its original packaging, recommended Colissimo, at the following address: 12 bis rue de Béziers 93150.White Mesnil The return costs are the responsibility of the seller.

Article 14 - Product warranty14-1 Legal compliance guarantee The seller is responsible for the compliance of the property sold to the contract, allowing the buyer to make a request for The legal compliance guarantee provided for in articles L. 217-4 and following of the Consumer Code.

If the legal guarantee of conformity is implemented, it is recalled that:- The buyer benefits from a period of 2 years from the issuance of the property to act;- The buyer can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code;- The buyer does not have to provide proof of the non-compliance of the property during the 24 months in the event of new goods (6 months in case of used goods), depending on the issuance of the property.14-2 Legal guarantee of hidden defects In accordance with articles 1641 and following of the Civil Code, the seller guarantees hidden defects that may affect the property sold. It will be up to the buyer to prove that vices existed for the sale of the property and are likely to render it unfit for the use for which it is intended. This guarantee must be put in a period of two years from the Discovery of vice. The buyer can choose between the resolution of the sale or a price reduction 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 delivery of his order, to return any article that does not suit him and request the exchange or refund Without penalty, with the exception of return costs which remain the responsibility of the buyer.The returns are to be made in their original and complete condition (packaging, accessories, instructions ...) allowing their

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. The returns are to be made in their original and complete condition (packaging, accessories, instructions ...) allowing their Recommercialization in the new state, accompanied by the purchase invoice.Damaged, salis or incomplete products are not included.

The right of withdrawal can be exercised online, using the withdrawal form available on this website.

In that Case, an acknowledgment of receipt on a sustainable medium will be immediately communicated to the buyer. Any other mode of withdrawal declaration is accepted. It must be devoid of ambiguity and express the will to retract.In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the purchased product (s) and the Delivery costs are reimbursed.

The return costs are borne by the buyer.

Exchange (subject to availability) or refund will be made within a period of , and at the latest in 48 hours the period of 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions According to article L221-28 of the Consumer Code, thehe right of withdrawal cannot be exercised for contracts:- provision of goods whose price depends on fluctuations on the financial market escaping the control of the professional and likely to occur during the withdrawal period;- supply of goods made according to consumer specifications or clearly personalized;- provision of goods likely to deteriorate or expire quickly;- provision of goods that have been unconstruction by the consumer after delivery and who cannot be returned for health or health protection reasons;- provision of goods which, after having been delivered and by their nature, are mixed in an inseparable way with others items ;- supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed to the Conclusion of the contract depends on fluctuations on the market escaping the control of the professional;- maintenance or repair work to be carried out in an emergency at the consumer's home and expressly requested by He, within the limits of spare parts and strictly necessary work to respond to the emergency;- provision of audio or video recordings or computer software when they have been unzore by the consumer after delivery;- providing a newspaper, periodical or magazine, except for subscription contracts to these publications;- provision of digital content not provided on a material support whose execution started after agreement express prior to the consumer and expressly renouncing their right of withdrawal.

Article 16 - force majeure All circumstances independent of the will of the parties preventing execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.

The part which invokes the circumstances referred to above must immediately warn the other part of their occurrence, as well as than their disappearance.

Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all the efforts reasonably possible. Expressly, are considered as force majeure or fortuitous cases, in addition to those Usually retained by the case law of French courses and courts: blocking means of transport or of supplies, earthquakes, fires, storms, floods, lightning, stopping networks of Telecommunication or difficulties specific to external telecommunications networks to customers.The parties will come closer to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions can be terminated by the injured part.

Article 17 - Intellectual property The content of the website remains the property of the seller, the only holder of intellectual property rights on this content.Buyers undertake to make no use of this content; Any total or partial reproduction of this content is Strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 18 - IT and freedoms The nominative data provided by the buyer is necessary for the processing of his order and the establishment of invoices.They can be communicated to the partners of the seller responsible for the execution, treatment, management and They can be communicated to the partners of the seller responsible for the execution, treatment, management and payment of orders.The processing of information communicated through the website did Coca Excellence & Cavas the subject of a declaration to the CNIL.The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the site Coca Excellence & Cavas

Article 19 - Partial non-validation If one or more stipulations of these General Conditions are held for non -valid or declared such as application of a law, a regulation or following a final decision of a competent court, the others stipulations will keep all their strength and their scope.

Article 20 - Non-renunciation The fact for one of the parties not to take advantage of one failure by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a renunciation of the obligation In question.

Article 21 - Title In the event 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 nonexistent.

Article 22 - Language of the contract These general conditions of sale are written in French language. In the event that they are translated into a Or several foreign languages, only the French text would be faith in the event of a dispute.

Article 23 - Mediation and settlement of disputes The buyer can use conventional mediation, particularly with the mediation commission of the consumption or with existing sectoral mediation bodies, or to any alternative mode of payment of Disputes (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our site.In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up a platform of Online settlement of disputes, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible to the following link: https://webgate.ec..Europa.eu/odr/

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is the court judicial.This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer The seller will be addressed as a priority to obtain an amicable solution.

Article 25 - Protection of personal data Dnods collected

The personal data that is collected on this site are as follows:

- account opening : when creating the user's account, his names; first name ; Electronic address; number of
phone ; Postal address;
- connection : when connecting the user to the website, the latter records, in particular, his surname, first name, data from
connection, use, location and its data relating to payment;
- profile : the use of the services provided on the website allows you to provide a profile, which can include an address
and a phone number;
- payment : as part of the payment of the products and services offered on the website, it records data
financial account or user credit card;
- communication : when the website is used to communicate with other members, data concerning
user communications are subject to temporary conservation;
- cookies : Cookies are used, as part of the use of the site. The user can deactivate cookies
From the parameters of its browser.
Use of personal data
Personal data collected from users aims to provide website services,
their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user;
- Operation management and website optimization;
- Organization of the conditions of use of payment services;
- Verification, identification and authentication of the data transmitted by the user;
- User's proposal for the possibility of communicating with other website users;
- User assistance opens;
- personalization 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 incidents of
security ;
- Management of possible disputes with users;
- Sending of commercial and advertising information, depending on the user preferences.
Sharing personal data with third parties
Personal data can 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 related to
third -party banking and financial companies with which she has passed contracts;
- when the user publishes, in the free comments areas of the website, information accessible to the public;
- when the user authorizes the website of a third party to access their data;
- when the website uses service providers to provide user assistance, advertising and services
payment. These providers have limited access to user data, in the context of the execution of these
services, and have a contractual obligation to use them in accordance with the provisions of the regulations
applicable in matters protection of personal data;
- If the law requires, the website can carry out data transmission to follow up on the complaints presented against
the website and comply with administrative and judicial procedures;
- If the website is involved in a merger, acquisition, assets or recovery procedure operation
judicial, she may be led to yield or share all or part of her assets, including data of
staff. In this case, users would be informed, before personal data is transferred to
A third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of security of the
Digital to protect personal data from alterations, destruction and unauthorized access. However, he is
Note that the Internet is not a completely secure environment and the website cannot guarantee the safety of the
transmission or storage of information on the internet.
User rights
In application of the regulations applicable to personal data, users have rights
Following, which they can exercise by requesting the following address: ParisRhumClub@outlook.fr.
The right of access : They can exercise their right of access, to find out 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
Check the accuracy.
The right of rectification : if the personal data held by the website are inaccurate, they can
request the update of information.
the right to delete data : users can request the deletion of their data of a nature
staff, in accordance with applicable data protection laws.
the right to limit treatment : users can ask the website to limit the treatment of
the right to limit treatment : users can ask the website to limit the treatment of
Personal data in accordance with the assumptions provided by the GDPR.
the right to oppose data processing : users can oppose their data is
treated in accordance with the hypotheses provided for by the GDPR.
The right to portability : they can claim that the website gives them the personal data that is
provided to send them to a new website.

Evolution of this clause
The website reserves the right to make any modification to this clause relating to data protection to
personal character at any time. If a modification is made to this data protection clause to
Personal character, the website undertakes to publish the new version on its site. The website will also inform
Users of modification by electronic messaging, within a minimum of 15 days before the effective date. If
The user does not agree with the terms of the new drafting of the data protection clause of a character
staff, he has the possibility of deleting his account.

Annex:
Withdrawal form
(to compensate by the consumer,
and to be sent by recommented letter with acknowledgment of receipt,
within the maximum period of 14 days following the date of conclusion of the service contract)

Consumer code

Article L. 217-4 : “The seller delivers a good in accordance with the contract and responds to existing compliance faults during the
Deliverance.
It also meets compliance defects resulting from packaging, mounting instructions or installation
When it was charged by the contract or was carried out under its responsibility. ”
Article L. 217-5 : “The good is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
- if he corresponds to the description given by the seller and has the qualities that he presented to the buyer under
sample or model form;
- if he presents the qualities that a buyer may legitimately expect in the reports of public declarations made by the
seller, by the producer or by his representative, especially in advertising or labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use
wanted by the buyer, brought to the attention of the seller and whom the latter accepted. ”
Article L. 217-6 : “The seller is not held by public declarations 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 of conformity which appear within twenty-four months from the delivery
good are presumed to exist at the time of issuance, unless proven otherwise. For the goods sold second -hand, this period
is set at six months. The seller can fight this presumption if it is not compatible with the nature of the property or the
lack of conformity invoked. ”
Article L. 217-8 : “The buyer is entitled to demand the conformity of the property from the contract. However, he cannot challenge the
Compliance by invoking a defect he knew or could not ignore when he contracted. The same is true when the
defect has its origin in the materials which he himself provided. ”
Article L. 217-9 : “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the property.
However, the seller may not proceed according to the choice of the buyer if this choice results in a cost manifestly
Disproportionate with regard to the other modality, given the value of the property or the importance of the defect. He is then held
to proceed, unless impossible, depending on the modality not chosen by the buyer. ”
Article L. 217-10 : “If the repair and replacement of the property are impossible, the buyer can make the property and
Restore the price or keep the good and have part of the price. The same faculty 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
following the buyer's complaint; 2 ° or if this solution cannot be without major inconvenience for it counts
held from the nature of the property and the use he is looking for. The resolution of the sale cannot however be pronounced if the defect
compliance is a minor. ”
Article L. 217-11 : The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost for the buyer.
These same provisions do not preclude damages allocation.
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
crippling vices as it results from articles 1641 to 1649 of the Civil Code or any other action of contractual nature or
extra-contractual which is recognized by law. "
Article L. 217-14 : "Recur action fear being exercised by the final Vendur against sellers or intermediaries
successive and the producer of bodily movable property, according to the principles of the Civil Code.
Article L. 217-15 : "The commercial guarantee means any contractual commitment of a professional with regard to
consumer for the reimbursement of the purchase price, replacement or repair of the property or
Any other service in relation to good, in addition to its legal obligations aimed at guaranteeing 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 terms of its implementation, its price, its duration, its territorial extent
as well as the name and address of the guarantor.
In addition, he mentions clearly and specifies that, regardless of the commercial guarantee, the seller remains held
The legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to the defects of the thing
Sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of
Article 1648 of the Civil Code are fully reproduced in the contract.
In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to claim it. "

Article L. 217-16 : “When the buyer asks the seller, during the price of the commercial guarantee that was
granted during the acquisition or repair of a furniture property, a repair covered by the guarantee, any period
Immobilization of at least seven days is added to the duration of the guarantee that remained to run.
This short period from the buyer's intervention request or the provision for repairing the property
In question, if this provision is after the intervention request. ”
Civil code
Article 1641 : “The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for
the use to which it is intended, or which decreases this use so much, that the buyer would not have acquired it, or would have given it
that a lower price, if he had known them. ”
Article 1648 : “The action resulting from crippling vices must be brought by the buyer, within two years to
count from the discovery of the vice. In the case provided for in article 1642-1, the action must be introduced, under penalty of foreclosure,
In the year following the date on which the seller can be discharged from vice or defects of compliance ”apparent.