Dès lors qu'il s'agit, pour un vendeur

Application pratique:

A 1988 Cour de cassation decision says that when a professional seller limits liability for delivery of non-conforming goods (goods that differ from what was ordered), as opposed to hidden defects, the judge need not check whether the buyer is a professional in the same trade. The clause can therefore be enforced even against a buyer from another field. Check straight away whether your order form and the seller's terms contain such a clause, and whether you accepted it in writing. Report the non-conformity in writing (registered letter) as soon as you deliver, and do not rely on the 'I am not a specialist' argument, which may fail. Instead, look at whether the clause is clear, was actually accepted, and whether the seller acted in bad faith or committed a serious fault.

Application pratique:

Under this case law, the court does not have to ask whether you are a professional in kitchens before applying the supplier's clause, because the dispute concerns non-conformity (the goods are not what was ordered) and not a hidden defect (a concealed fault). Before signing, read any clause limiting liability and negotiate it if necessary. If goods arrive that do not match, note your reservations on the delivery note and send a registered letter within days. Ask for the refund of the difference, and keep the order form, the quote and photos as proof, because the clause may well limit your claim to that sum.

Application pratique:

The 1988 decision shows that a judge does not need to examine whether the buyer shares the seller's profession in order to enforce a clause limiting liability for non-conformity (as opposed to hidden defects). A clause may therefore bind even private individuals if it is clearly stated and accepted. Have your contract checked by a property lawyer before signing and negotiate or strike out such clauses. On delivery, list every non-conformity in writing (the 'réserves'), compare with the specification and, if the builder refuses to put things right, seek legal advice quickly because deadlines are short. Consumer-protection rules for non-professional buyers may also limit the clause, so ask a lawyer to check whether they apply to your situation.