These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a person (hereinafter the "CUSTOMER") on the website http://www.druidebio.fr ( hereinafter the "WEBSITE") from Bio Evidence, SARL registered in the Bordeaux Trade and Companies Register under number 821 786 712, having its registered office 2, Allée des Grisets, 33970 Lège-Cap-Ferret, France Tel : +3220.127.116.11.73, email: email@example.com (hereinafter the "SELLER").
Any order placed on the website
implies the unconditional acceptance of the CLIENT
of these terms and conditions
ARTICLE 1. DEFINITIONS
The following terms have the following meanings in these Terms and Conditions:
"CUSTOMER": means the contractual partner of the SELLER, who guarantees to have the quality of consumer as defined by the law and the French jurisprudence. As such, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
"PRODUCTS": refers to all the products available on the WEBSITE.
"TERRITORY (S)" means the country or countries of destination.
ARTICLE 2. OBJECT
These General Conditions govern the sale by the SELLER to his CLIENTS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the WEBSITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
Druide Bio is a commercial e-commerce website bearing this name and accessible via the Internet via the address www.druidebio.fr
This website is the property of Bio Evidence. The WEBSITE Druide Bio offers for sale products related to organic cosmetics (beauty, wellbeing, hygiene), decorative and / or utilitarian accessories, organic fabrics and linens ... The brands present on the website all have a committed character vis with respect to human kind and the environment.
This website is intended for Internet users concerned and curious to discover a safer and more reasoned consumption. The products are available for sale in these territories: France, Monaco, Andorra, Belgium, Luxembourg, Germany, Austria, Italy, Netherlands, Great Britain, Ireland, Spain, Portugal, Denmark, Finland, Norway, Sweden.
ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS The CUSTOMER
undertakes to read these General Conditions carefully and to accept them, before proceeding to the payment of an order of PRODUCTS passed on the WEBSITE.These General Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE WEBSITE
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if it is a minor, be able to justify the agreement of its legal representatives.The CLIENT will be invited to provide information to identify it by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CLIENT can check on the WEBSITE the status of his order. The follow-up of DELIVERIES can, if necessary, be carried out using the tools of follow-up of line of certain carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by e-mail, to the address firstname.lastname@example.org, in order to obtain information on the status of his order.The information that the CLIENT provides to the SELLER during an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Characteristics of products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under the applicable law.The CLIENT undertakes to read this information carefully before placing an order on the WEBSITE.Unless expressly stated otherwise on the WEBSITE, all the PRODUCTS sold by the SELLER are new and in compliance with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
Orders of PRODUCTS are directly placed on the WEBSITE. To place an order, the CLIENT must follow the steps described: selection of products (color, container ...) and quantities, validation of the basket, identification (pre-registration), choice of delivery method, choice of payment method with acceptance of present general conditions of sale, invoicing and acknowledgment of receipt of the order with the tracking number.
Article 5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE do not begin to run until this date.
Article 5.4. Price
For all PRODUCTS, the CUSTOMER will find on the WEBSITE prices displayed in euros including taxes, as well as applicable delivery charges. These charges take into account the address of DELIVERY and the carrier or mode of transport chosen.Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.Vendor prices of the SELLER are subject to change. As a result, the prices listed on the WEBSITE may change. They can also be modified in case of offers or special sales.The prices indicated are valid, except gross error. The applicable price is the one indicated on the WEBSITE on the date on which the order is placed by the CLIENT.
Article 5.5. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT on the date or within the time indicated to the CLIENT, unless the parties have agreed otherwise. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER.In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, propose an alternative PRODUCT of quality and equivalent prices, accepted by the CLIENT.If the CLIENT decides to cancel his order of unavailable PRODUCTS, he will get a refund of all the sums paid for the unavailable PRODUCTS at the latest within twelve (12) days of the payment.
.ARTICLE 6. RIGHT OF WITHDRAWAL
The CLIENT has in principle the right to retract by returning or returning the PRODUCT to the SELLER.For this, the PRODUCT must be returned or returned without undue delay, and no later than fourteen (14) days after the communication of its decision to retract, unless the SELLER proposes to recover the PRODUCT itself. Withdrawal periodIn accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUCT.In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUCT delivered.If the CLIENT's order is for more than one PRODUCT and these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day the CUSTOMER, or a third party other than the carrier and designated by the CLIENT, physically takes possession. of the last PRODUCT.
Notification of the right of withdrawalTo exercise his right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CLIENT must notify his decision to retract by means of an unambiguous declaration (for example, a letter sent by the mail, fax or e-mail) to: 2, Allée des Grisets, 33970 Lege-Cap-Ferret or email@example.com. He can use the form below:
For the attention of: Isabelle, Boutique Druide Bio
I hereby notify you of my retraction of the contract for the sale of the PRODUCT below:
N ° of the invoice:
N ° of the purchase order:
- Ordered on [________________] / received on [________________]
- Payment method used:
- Name of the CLIENT and, if applicable, the beneficiary of the order:
- CUSTOMER address:
- Delivery address :
- CLIENT's signature (except in case of transmission by email)
In order for the withdrawal period to be respected, the CUSTOMER must transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of the retraction
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all the sums paid, including delivery charges (with the exception of additional costs resulting, if applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER receives the returned PRODUCT (Article L .221-24 of the Consumer Code).
The SELLER will refund using the same means of payment that the CUSTOMER will have used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, the refund will not cause expenses to the customer.The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being the date of the first of these facts. Terms of returnThe CUSTOMER shall, without undue delay and, in any case, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the property to: 2, Allée des Grisets, 33970 Lège Cap-FerretThis period is deemed to be respected if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period. Return feesThe CLIENT will have to bear the direct costs of returning the goods.In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CLIENT will have to bear the direct costs of returning the goods. State of the returned propertyThe PRODUCT must be returned according to the instructions of the SELLER and include all the accessories delivered.The CUSTOMER is liable only for the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this PRODUCT. In other words, the CUSTOMER has the opportunity to test the PRODUCT but his liability may be incurred if he proceeds to manipulations other than those that are necessary. Exclusions from the right of withdrawalThe right of withdrawal is excluded in the following hypotheses: - Supply of goods likely to deteriorate or expire quickly - Supply of goods which by their nature are inseparably mixed with other items - Supplies of sealed goods that can not be returned for reasons of health protection or hygiene and have been unsealed by the CUSTOMER after DELIVERY (eg all cosmetic products and textile products whose labels have been removed).
ARTICLE 7. PAYMENT
Article 7.1. Means of payment
The CUSTOMER may pay his PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the means of payment chosen.The SELLER will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the WEBSITE.It is in this respect specified that all the information relating to the payment provided on the WEBSITE is transmitted to the bank of the WEBSITE (in this case, the Société Générale) and are not treated on the WEBSITE.
Article 7.2. Payment date
In the case of a single payment by credit card, the account of the CUSTOMER will be debited as soon as the order of PRODUCTS passed on the WEBSITE.In case of partial DELIVERY, the total amount will be debited from the account of the CLIENT at the earliest when the first parcel will be dispatched. If the CLIENT decides to cancel the order of unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
Article 7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER to pay the order by any other valid means of payment.In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of money flow due by the CLIENT would be impossible, the order would be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.The SELLER agrees to archive this information in order to monitor the transactions and to produce a copy of the contract at the CLIENT's request.In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF PROPERTY
The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CLIENT.The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation. ownership, as well as the risk of damage that may result.
ARTICLE 10. DELIVERY
The terms of DELIVERY of the PRODUCTS are provided in the "delivery policy" available at the bottom of each page of the WEBSITE via a hypertext link. Delivery zoneThe PRODUCTS offered can only be delivered on the TERRITORY defined by the SELLER.It is impossible to place an order for any delivery address located outside this TERRITORY.The PRODUCTS are sent to the delivery address (es) that the CUSTOMER has indicated during the ordering process. Delivery timeThe deadlines to prepare an order then to establish the invoice, before shipment of the PRODUCTS in stock are mentioned on the WEBSITE. These deadlines are excluding weekends or holidays.An e-mail will automatically be sent to the CLIENT at the time of the shipment of the PRODUCTS, provided that the e-mail address appearing in the registration form is correct. Delivery time & deliveryDuring the ordering process, the SELLER informs the CLIENT of the possible delivery times and formulas for the PRODUCTS purchased.Shipping costs are calculated according to the delivery method.The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased. The details of delivery times and charges are detailed on the WEBSITE.In the absence of indication or agreement as to the date of delivery, the SELLER delivers the PRODUCT without undue delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code). Terms of DELIVERY The parcel will be given to the CLIENT with or without signature according to the choice he has expressed when ordering.
The delivery address entered by the CLIENT must be precise and accurate. The CUSTOMER's details must be legible on the place of reception (mailbox, intercom ...) to facilitate the delivery. The mobile phone number of the recipient CUSTOMER must be communicated during the order to be notified of the availability of the package, the place of removal or a possible hazard by means of a text message.DELIVERY problems The CUSTOMER is informed of the delivery date set at the moment he chooses the carrier, at the end of the online ordering procedure, before confirming the order.It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract.The SELLER will refund, without undue delay upon receipt of the cancellation letter, the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery charges, using the same method of payment as that used by the CLIENT to purchase products.The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.- In the event that a third person receives the parcel and the CLIENT does not receive his parcel, the SELLER can not be held responsible.- In case the CUSTOMER has requested a delivery without signature and that the package is designated as "Delivered" by the carrier, no refund can be claimed to the SELLER.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with the applicable transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to respect the same standards when returning PRODUCTS. A returned PRODUCT damaged or lost without the assurance of a sufficiently explicit traceability with a carrier will not be able to claim to be refunded.
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees, for all the PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Commercial Code. consumption in Annex 1.
ARTICLE 13. LIABILITY
The SELLER shall not be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the CLIENT, in particular when entering the order.The SELLER can not be held responsible, or considered to have failed, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law French courts and tribunals.It is also specified that the SELLER does not control the websites that are directly or indirectly related to the WEBSITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.
ARTICLE 14. FORCE MAJEURE
The responsibility of the SELLER can not be implemented if the non-performance or the delay in the execution of one of its obligations described in the present GTCS results from a case of absolute necessity.There is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects can not be avoided by appropriate measures, prevents the performance of its obligation by the debtor.If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies the termination of the contract. If the impediment is final, the contract is automatically settled and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
ARTICLE 15. PERSONAL DATA
The SELLER collects on the WEBSITE personal data concerning his CLIENTS, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CLIENT's account, analyze the orders and, if the CUSTOMER has expressly chosen this option, send him personal letters, newsletters, promotional offers. and / or special sales information, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have expressly given their prior consent when registering on the WEBSITE.The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.In accordance with the law n ° 78-17 of January 6, 1978 relating to computer files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals to regarding the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of persons concerned.
It is recalled that the CUSTOMER whose personal data are processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without cause and without fresh.The CUSTOMER may exercise these rights by sending an e-mail to the following address: firstname.lastname@example.org or by sending a letter to 2 Allée des Grisets, 33970 Lège-Cap-Ferret, FranceIt is specified that the CLIENT must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. CLAIMS
The SELLER's Customer Service is available at the following number: +33613781173. Any written complaint from the CUSTOMER must be sent by email to email@example.com or by letter at 2 Allée des Grisets, 33970 Lège-Cap-Ferret, France.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request the SELLER's authorization in writing.This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.Any representation or reproduction, total or partial, of the WEBSITE and its contents, by whatever process, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement sanctioned by articles L.335-2 and following and Articles L.713-1 et seq. of the Intellectual Property Code.The acceptance of the present GTC is worth recognition by the CUSTOMER of the intellectual property rights of the SELLER and commitment to respect them.
ARTICLE 18. VALIDITY OF GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of these General Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard these General Conditions. Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector for companies whose head office is in France.
Article 19. AMENDMENT OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.The General Conditions may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.Changes to the Terms and Conditions will not apply to PRODUCTS already purchased. Article 20. JURISDICTION AND APPLICABLE LAWTHESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CLIENT AND THE SELLER ARE GOVERNED BY FRENCH LAWIN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT.However, prior to any recourse to the arbitration judge or state, the CLIENT is invited to contact the SELLER in order to try to find an amicable solution.THE ASSUME OR AMIABLE AGREEMENT FAILS OR IS NOT CONSIDERED, THE DISPUTE WOULD BE IN THE COMPETENT JURISDICTION DESCRIBED ABOVE.
ANNEX 1 : the translation below has been done to help, but in case of problems please refers to the law in the french version. Article 12.1. Compliance guarantee
Article L. 217-4 of the Consumer Code: "The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility ".
Article L.217-5 of the Consumer Code: "The property is in accordance with the contract: 1 ° If it is fit for the customary use of a similar good and, if applicable: - if it corresponds to the description given by the seller and the qualities he has presented to the buyer as a sample or model; - it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted ".The SELLER is liable to respond to existing defects of conformity during the delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him or was carried out under his responsibility.The action resulting from the lack of conformity is prescribed by two (2) years from the issue of the PRODUCT (Article L.217-12 of the Consumer Code) In case of lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is obviously disproportionate compared to the other possible option, given the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.In the event that replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in return for the return of the PRODUCT by the CLIENT.
Finally, the CLIENT is exempted from reporting the proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the issue of the PRODUCT except for the second-hand goods for which this deadline is fixed at six ( 6 months. (Article L. 217-7 of the Consumer Code).It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if necessary, on the PRODUCTS.
Article 12.2. Guarantee of hidden defects
The SELLER is bound by the guarantee for hidden defects of the sold PRODUCT which makes it unsuitable for the use for which it is intended, or which reduce such use so much that the CLIENT would not have acquired it, or would have given it a lower price, had he known them. (Article 1641 of the Civil Code) This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if it is returned and the refund of a part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in return for the return of the PRODUCT by the CLIENT. The action resulting from the latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)