The present general conditions of sale apply to all sales concluded on the website https://karioska.fr.
The website www.karioska.fr is a service of :
- The individual enterprise Kajine
- located 166 Rue du Ménil 92600 Asnières-sur-Seine, France
- URL of the site : https://www.karioska.fr
- e-mail : [email protected]
- phone number: 0765841773
The Karioska website sells the following new products: decoration accessories.
The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of his order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present 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 channels.
They are accessible on the Karioska website and will prevail, if necessary, over any other version or any other contradictory document.
Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
The present general conditions of sale are valid until December 31, 2022.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Karioska website.
The present conditions only concern purchases made on the Karioska website and delivered exclusively in mainland France or in Corsica. For any delivery in the DOM-TOM or abroad, it is advisable to send a message to the following e-mail address: [email protected].
These purchases concern the following products: fashion accessories.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
The following information is provided to the buyer in a clear and comprehensible manner:
- the essential characteristics of the property;
- the price of the good and/or the way the price is calculated;
- if applicable, any additional freight, delivery or postage charges and any other charges that may be due;
- in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
- information on the identity of the seller, its postal, telephone and electronic contact details, and its activities, those 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 - 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 good ordered.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final:
- after the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
- and after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, wrong address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the purchaser can call the following telephone number: +33 7 65 84 17 73, during the following days and hours: from Monday to Saturday, from 9 am to 7 pm, or send an e-mail to the seller at the following e-mail address: [email protected].
Article 5 - Electronic signature
The online provision of the credit card number of the buyer and the final validation of the order will be worth proof of the agreement of the buyer:
- due date of the amounts due under the purchase order ;
- signature and express acceptance of all operations performed.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following phone number: +33 7 65 84 17 73.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as proof.
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 by the seller. They are offered within the limits of available stocks.
The products sold are handmade, each piece is unique. They are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the responsibility of the seller could not be engaged.
The photographs of the 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.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, 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 store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Article 10 - Method of payment
This is an order with payment obligation, which means that the placing of the order implies a payment from 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 purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. 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 a previous order or with whom a payment dispute is being administered.
The payment of the price is carried out in totality with the day of the order or in several times, according to the following methods:
- bank card
Article 11 - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the time is 3 to 7 days from the day after the buyer has placed his order, according to the following modalities: by Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case by case basis.
In the event of failure to comply with the agreed delivery date or delivery period, the Buyer shall, before withdrawing from the contract, require the Seller to perform within a reasonable additional period.
If the buyer fails to perform within this new period, he may freely withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract shall be deemed to be terminated upon receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
However, the purchaser may withdraw from the contract immediately if the above-mentioned dates or deadlines are an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for the entire amount 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 ask either for a refund of the sums paid within 14 days at the latest of their payment, or to exchange the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered to the buyer by the seller's supplier in the manner and time specified above.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged packages, broken products ...).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman to the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be requested from the seller within 14 days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 13 - Delivery errors
The purchaser shall file with the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim can be made, at the choice of the buyer:
- by phone at the following number: ;
- by e-mail to the following address: [email protected].
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded will have to be turned over to the salesman as a whole and in its packing of origin, in Colissimo Recommandé, with the following address: 166 Rue du Ménil, 92600 Asnières-sur-Seine.
Return shipping costs are at the seller's expense (except in the case of the promotional offer "FREE Shipping, Return and ExchangeS" in 15-1).
Article 14 - Product warranty
14-1 Legal warranty of conformity
The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer may choose between repairing or replacing the goods, 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-conformity of the goods during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the goods.
14-2 Legal warranty against hidden defects
In accordance with articles 1641 and following of the civil code, the seller is responsible for hidden defects that may affect the property sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years from 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 ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
The returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs are refunded.
Return shipping costs are at the buyer's expense.
The exchange (subject to availability) or refund will be made within 72 hours, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
15-1 Supplement to the "FREE Shipping, Return and Exchange" promotional offer
Under the promotional offer "FREE Delivery, Return and Exchange", the terms are as follows
- Requests for returns/exchanges must be made within 14 days of receipt of the order.
- The returns of the articles are to be carried out in their state of origin and complete (packing, accessories,...) allowing their marketing again in the new state, accompanied by the purchase invoice.
- The offer is valid for products in the Juju Hat and Tête Perlée categories,
- The offer is valid for purchases made and delivered in metropolitan France and Monaco.
- Offer limited to two items per household.
- The return costs are at the charge of the seller. The seller will send a return slip for parcel post to the buyer. Contact us to get a return slip.
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 in the financial market beyond the control of the trader and which may occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods that are likely to deteriorate or expire rapidly;
- 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 articles;
- the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- of supply of a digital content not supplied on a material support whose execution started after prior express agreement of the consumer and express renunciation of his right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet 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 for more than three months, the present general conditions may be terminated by the injured party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 18 - Data processing and freedom
The nominative data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.
The processing of information communicated through the Karioska website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the Karioska site.
Article 19 - Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their 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 terms and conditions shall not be construed for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
The present 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 will be deemed authentic in the event of a dispute.
Article 23 - Mediation and Dispute Resolution
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute. The name, contact details and e-mail 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 is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable Law
The present general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data that are collected on this site are the following:
- account opening : when the user's account is created, the user's name, first name, e-mail address, telephone number and postal address;
- connection: When the user connects to the website, it records, in particular, his name, first name, connection data, usage data, location data and payment data;
- profile: the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number;
- payment: In the context of the payment of 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, the data concerning the user's communications is temporarily stored;
- cookies : Cookies are used as part of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services ;
- verification, identification and authentication of the data transmitted by the user;
- offer the user the possibility to communicate with other users of the website;
- implementation of a user assistance ;
- personalization of services by displaying ads based on the user's browsing history, according to his preferences;
- fraud prevention and detection, malicious software and security incident management;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes a third party's website 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 in order to provide these services and are contractually obliged 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 to pursue claims against the website and to comply with administrative and judicial proceedings;
- if the website is involved in a merger, acquisition, asset sale or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users will be notified before any personal data is transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical digital security measures to protect personal data from 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 user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: [email protected].
- the right of access: they can exercise their right of access, to know the personal data concerning them. 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 are inaccurate, they can request the update of the information.
- the right to deletion of data: 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 GDPR.
- the right to object to the processing of data: users may object to their data being processed in accordance with the assumptions set out in the RGPD.
- the right to portability: they can demand that the website gives them the personal data provided to it in order to transmit it to a new website.
Evolution of this clause
(to be completed by the consumer,
and to be sent by registered letter with acknowledgement of receipt,
within a maximum of 14 days from the date of conclusion of the service contract)
located at : 166 Rue du Ménil, 92600 Asnières-sur-Seine
phone number: 0765841773
email address: [email protected]
I hereby notify you of my withdrawal from the contract concerning ....................., ordered on : .........
Consumer's first and last name : .................
Consumer address: .................
Article L. 217-4 The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L. 217-5 The good is in conformity with the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so:
- if it corresponds to the description given by the seller and has 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 purchaser can legitimately expect in view of the 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 suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 217-6 The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L. 217-7 The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.For 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 good or the lack of conformity claimed.
Article L. 217-8 The buyer is entitled to demand the conformity of the goods to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L. 217-9 In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods 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 the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon 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 implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. The resolution of the sale cannot however be pronounced if the defect of conformity is minor.
Article L. 217-11 The application of the provisions of Articles L. 217-9 and L. 217-10 shall be at no cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L. 217-12 The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L. 217-13 The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law.
Article L. 217-14 The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
Article L. 217-15 The commercial guarantee is any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it mentions in a clear and precise way that, independently of the commercial guarantee, the salesman remains held of the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to the defects of the sold thing, under the conditions envisaged in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The purchaser is entitled to avail himself of it."
Article L. 217-16 When the buyer asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period starts from the date of the buyer's request for intervention or from the time the goods are made available for repair, if this is after the request for intervention.
Article 1641 The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given a lower 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 by article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be discharged from the defects or defects of conformity" apparent.