Severine has to pay for the entire kitchen before it is installed: is it legal?

La maison de Séverine is in full swing. The kitchen should be installed, but one point in the sales conditions of the interface: “It is written that you have to finish the kitchen 15 days before placement” she explains. According to Séverine, this practice is completely illegal, which is why he decided to press the orange button Alert us.

Séverine is the hostess of children for ONE, and decided to build an extension of the house to separate private and professional life. “Pe a broken whole to place a new kitchen“But when she receives the general terms and conditions of sale by e-mail, she realizes that she has to pay for this kitchen in its entirety, even before it is installed.

However, Séverine did not understand why she was reluctant to pay a lump sum and a one-time payment at one time: “I find it more logical to pay an amount on the kitchen at the time of placement, but to keep that security if there is a concern“Explain Severine.”I tell myself that if there is any concern, I will have to go back to the after sales service and I don’t want to go into the phone calls, the emails …she laments.

In discussions with her relatives, Severine concludes that this practice does not make sense: “We were in a hurry to find a kitchen quickly on time, so we paid the deposit right away and didn’t argue. If I hadn’t been in such a hurry, I would have thought twice“.

A common practice

If Severine was less caught up in time, she might look for another cook, but she would have a hard time finding one: “In the industry, as in others, it is a practice that is done regularly“explains Gilles Denis, president of the Union Professionnelle des Ensembliers de la Cuisine Equipée (UPEC).it is very difficult for us, in case of non-payment, to recover the goods, since it is fixed to the walls“, justifies the latter.

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How can you make sure that your kitchen is in line with what is planned, when everything is already paid for? “UPEC members have signed a quality book, which guarantees an optimal after-sales service and carries it in the rules of art. We are there to make sure everything goes well during delivery. In case of problems, we remind our members to order and remind them of the quality charter they have signedSays Gilles Denis.

How to assert your rights?

Test Achats does not see this practice with the same eye. His spokesman Jean-Philippe Ducart believes that “when one asks for the full payment, and therefore to open all the works, it is a bit suspicious, and one does not leave in good conditions. At some point, you can no longer afford a remedy“.

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The consumer association therefore advises to “best negotiate installments and purchase order. You will probably pay a deposit at the time of signing, a deposit at the beginning of the work and then you will pay the rest either by two thirds or at the end of the work“, explains Jean-Philippe Ducart. The client is always entitled to negotiate his contract, because”the general conditions, it is not something concrete and must be imposed on all consumers“he added.

At present, there are no specific legal provisions prohibiting this practice. The Code of Economic Law states, however, that “oblige the consumer to fulfill his obligations when the undertaking has not fulfilled its obligations or is in default of fulfilling its obligations“can be considered” abusive “. Only a judge can rule on the abusive or non – abusive nature of the clause.

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