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  /  Warranty

Legal Guarantees

In accordance with the legal requirements it is noted that Matiere Grise holds the Client harmless, without additional payment and regardless of its right of withdrawal, against :

  • lacks of conformity of the sold product in the conditions of the L211-4 article and according to the Consumer Code ;
  • and hidden defaults of the sold product in the conditions of the articles 1641 and onwards of the Civil Code ;
  • When he’s acting on the basis of the legal conformity guarantee, the Client :
  • has 2 years starting from the delivery date to act ;
  • can choose between the repair or the replacement of the product, subject to the cost conditions foreseen in the article L. 211-9 of the Consumer Code ;
  • is exempted from producing the evidence that the conformity lack exists on the product during the twenty-four months following the delivery of the good. This timeframe is reduced to six months for second-hand goods.

The legal guarantee of conformity, in respect of which Matiere Grise cannot exempt itself of limit its scope, is to be applied independently of a possible commercial guarantee.

Assuming the meritorious claim on the guarantee on concealed deficiencies is brought in the two years from discovery of the hidden defect by the Client, in the conditions forseen in articles 1641 and onwards and 2232 of the Civil Code, the Client can ask either for cancellation of the sale, or for a reduction of the selling price, in accordance with article 1644 of the Civil Code.

Subject to the foregoing, any return of a product from the Client is subject to the prior agreement of Matiere Grise, who can obtain upon request any element justifying the Client’s claim : details, photographs, etc.

In case of non-compliance of the delivered Product, the Client can ask Matiere Grise either for repair of for replacement of the concerned Product. However, Matiere Grise can refuse the modality proposed in favor of the other modality, if the choice of the Client implies a manifestly disproportionate cost compared to the other mode of compliance (article L. 211-9 paragraph 2 of the Consumer Code).

Furthermore, the Client may seek a price reduction or a sale cancellation in the three following cases(article L. 211-10 of the Consumer Code) :

(i) if the repair and the replacement are both impossible, (ii) if the requested compliance can’t be implemented within the time-limit of 1 (one) month following the Client claim, and (iii) if the compliance cannot be achieve without a major inconvenient for the Client given the nature of the Product and the usage he wants to make of it. However, the sale cancellation cannot be requested for a minor conformity default.

At all events, the Products must be returned in their original condition and complete, with a copy of the delivery note or, failing that, the Client’s contact details and its order reference to the following address :

MATIERE GRISE INDUSTRIE – ZA Le Charpenay – 172 Rue de Charpenay – 69210 Lentilly – FRANCE

The Client is advised to keep all proof of return.

The products that are returned incomplete, modified, damaged, used and/or spoiled or soiled by the Client will not be reimbursed or replaced or repaired.

Subject to the above mentioned conditions, Matiere Grise will reimburse the transport and return costs, on the Client’s bank account corresponding to the bank card that was used the day of the order, under thirty (30) days following the Product’s reception by Matiere Grise.

Commercial Guarantees

The Products bought on the website can benefit, in addition to the conformity and hidden defaults legal guarantees mentioned above, of commercial guaranteed, defined in the description of each product and in the conditions defined below. The products sold by Matiere Grise are covered by the commercial guarantees below :

All products in aluminum, mentioned as usable outdoor are guaranteed three (3) years against corrosion or other aspect degradation, subject to the use of this product in conditions that respect our maintenance recommendations (no high pressure cleaner, no storage under a plastic tarp, etc.)

All products in steel, mentioned as usable indoor only, are guaranteed two (2) years against corrosion or other aspect degradation, for indoor use only, subject to the use of this product in conditions that respect our maintenance recommendations (no high pressure cleaner, no storage under a plastic tarp, etc.)

In the framework of the above stated guarantees, the following are not covered :

  • degradations due to a lack of care or to the non-respect of the precautions and recommendations regarding reception, assembly, use (steel outdoor for instance), maintenance (cleaning with a sponge that is too hard and would cause scratches for instance) and storage of the products,
  • the halos or stains du to combination of humidity and heat,
  • natural wear and tear of the materials used,
  • the corrosion starts arising from scratches or abrasions due to usage and that are not eliminable by cleaning or usual maintenance,
  • the cases of minor corrosion under the tops, seats of legs, natural results of the material used : these are treatable by the Client, with the maintenance tools provided to him (retouch pen, retouch spray, etc.)
  • the corrosion of furniture in steel due to its use outdoor, especially by the sea,
  • the evolutions of the wood aspects due to its natural aging.

To benefit from the above mentioned guarantees, the Client will have to express its request to Matiere Grise in a clear and unambiguous mail giving as many precisions as possible on the reason for this claim to activate these guaranteed and giving Matiere Grise, upon request, its purchase invoice.

Subject to the foregoing, any return of a product from the Client is subject to the prior agreement of Matiere Grise, who can obtain upon request any element justifying the Client’s claim : details, photographs, etc.

Independently from the previous commercial guarantees granted to the Clients, Matiere Grise is bound to the conformity and hidden defaults legal guarantees in the following conditions :

Article L. 211-4 of the Consumer Code

« The seller must deliver a good that is in conformity with the sales contract and respond to any conformity defaults at delivery. 

The seller also responds to any conformity default resulting from packaging, assembly instructions or installation when it was imposed upon him by the contract or was realized under its responsibility. »

Article L. 211-5of the Consumer Code

” To be compliant with the contract, the product must:

1°) Be appropriate for the use normally expected for such an article and, if necessary:
– correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model
– have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative in advertising or labelling
2°) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the purchaser that has been brought to the notice of the seller and which the latter has accepted. “

 

Article L. 211-12 of the Consumer Code

« Action resulting from defects in conformity lapses after two years from the date of delivery of the article. »

Article L. 211-16 of the Consumer Code

« When the buyers requests from the seller, during the valid time of the commercial guarantee that was granted to him when he purchased a product, a full repair covered by the guarantee, any immobilisation period lasting at least seven (7) days comes as an addition to the guaranteed time that was left. This period runs from the intervention request of the buyer or from hen the product is made available for repair, if this date is post intervention request. »

Article 1641 of the Civil Code

« A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or or would only have given a lesser price for it, had he known of them. »

Article 1648 paragraphe 1 of the Civil Code

« The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the vice. »

RESPONSIBILITY – GUARANTEES – EXCLUSIONS

Matière Grise’s responsibility  shall not be held, including under legal and commercial guarantees, in the following cases :

  • Storage of products in abnormal conditions or conditions that are incompatible with their nature,
  • Use of steel products outdoor,
  • Use of galvanized steel products by the seaside, exposed to a salty environment
  • Degradations due to the non-respect of the maintenance/cleaning/use recommendations, read them here
  • Improper use, use for professional and commercial purposes, diverted use
  • Negligence, inadequate maintenance,
  • Normal wear and tear or accident,
  • Force majeure, perturbation, flooding, fire, total or partial strike in particular strike of postal services, means of transport, means of communication.

Matière Grise does not take any responsibility or guarantee incase of malfunction of the Internet (delays in transmissions or any malfunctioning). Matière Grise cannot guarantee that the messages transmitted by electronic way are totally safe from interception.

Matière Grise will not be held liable for any temporary or permanent damage done on the web visitor’s informatics system, or any loos or damage that could be suffered after the visit on Matiere Grise’ website.

The transfeof data via Internet may lead to error messages. It is also possible that the website is not always available. Therefore, Matière Grise cannot be held responsible regarding the availability and interruption of its online services.

Matière Grise does not take any responsibility whatsoever, in the event of a client using the website fraudulently.

In the event of a force majeure keeping Matiere Grise from fulfilling its obligations, the sales contract would immediately be suspended, straight from the notification by Matiere Grise to the Client, by all means. Also, Matiere Grise will inform the Client of the end of the even, resulting in the contract activation, immediately from this notification.  If such an event was to last longer than a month after the first notification date, the contract will be considered fully cancelled. Any payment received by Matiere Grise before this date would then be reimbursed to the Client.