A craftsman has sent you a quote, you signed it, paid a deposit, and a few days later you change your mind. Or it could be the opposite: your client wants to cancel everything while you have already ordered materials. This situation is common, but the legal rules surrounding it are often misunderstood. It all depends on the context of the signature, the nature of the amount paid, and the time elapsed.
Deposit, down payment, or advance: the nature of the sum changes everything
Before discussing withdrawal, you need to identify what you have actually paid. The term used on the quote is not a detail: it determines your rights in case of cancellation.
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A deposit firmly commits both parties. It constitutes a first partial payment of the total price. In case of cancellation by the client, the professional can keep the deposit and claim damages for the harm suffered. In case of cancellation by the professional, the client can demand a refund and seek compensation.
Down payments work differently. If the client withdraws, they lose the amount paid. If it is the professional who cancels, they must return double the amount received. This distinction, provided for by the Civil Code, is rarely explained clearly on quotes.
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You can delve deeper into the legislation on deposits according to B2Boost to better understand the financial consequences of each scenario.
Why does this distinction matter so much? Because if the quote simply states “amount paid upon signature” without specifying its nature, the Consumer Code presumes it to be a down payment. The default regime thus protects the client more than the professional.
Withdrawal from a signed quote outside the establishment: the 14-day period and the payment prohibition
The right of withdrawal does not apply to all signed quotes. It depends on the location and circumstances of the signature.
When the right of withdrawal applies
For contracts concluded outside the establishment (quote signed at the client’s location, at a trade show, during a sales pitch), the Consumer Code grants a 14-day withdrawal period from the date of signature. During this period, the client can back out of their commitment without having to justify their decision and without penalty.
This period does not apply to quotes signed at the professional’s premises (in-store, in a showroom, at the company’s headquarters). In this case, the signed quote constitutes a firm contract as soon as it is signed.
The prohibition of payment for 7 days
One point that most guides ignore: for contracts outside the establishment, any payment is prohibited during the first 7 days following the conclusion of the contract. This rule exists independently of the 14-day right of withdrawal.
A deposit collected during these 7 days may constitute an infringement. The client can request a refund by invoking this prohibition alone, even if they do not wish to exercise their right of withdrawal. Only certain urgent and strictly necessary maintenance or repair work is exempt from this rule.
Extension up to 12 months if the information was not provided
The professional must inform the client of their right of withdrawal in writing, providing a standard form. If this information is missing, the withdrawal period is extended by 12 months beyond the initial 14 days. An administrative oversight can thus expose the craftsman to a cancellation long after the work has begun.
Quote signed in-store or in the workshop: what recourse for cancellation?
When the quote has been signed at the professional’s premises, no legal right of withdrawal applies. The client is committed. The professional is too.
Cancelling in this configuration amounts to unilaterally breaking a contract. Here are the concrete consequences depending on who cancels:
- If the client cancels, the professional keeps the deposit and can claim compensation covering lost earnings, incurred costs (ordering materials, reserving personnel), and commercial harm.
- If the professional cancels, the client recovers the full deposit and can request damages for the delay or extra costs caused by finding another service provider.
- If both parties agree to terminate the contract, they can freely negotiate the terms of termination, including the fate of the deposit.
Amicable termination remains the quickest and least costly route. In practice, a professional who has not incurred any costs will often agree to return the deposit to preserve their reputation.
Protecting your quote against disputes: the clauses to include
A well-drafted quote significantly limits the risks of conflict in case of withdrawal.
- Specify the nature of the amount paid: write “deposit” or “down payment” in full. Ambiguity benefits the client (presumption of down payment).
- Include a cancellation clause: it sets in advance the amount due in case of cancellation by either party, which avoids having to prove harm in court.
- Mention the right of withdrawal when it applies: provide the standard form and remind of the deadline. This obligation also protects the professional, as it prevents the extension of the period to 12 months.
- Detail the costs already incurred: if material orders are placed as soon as the quote is signed, indicating this on the quote makes proving harm simpler in case of a dispute.
A precise quote regarding the nature of the sum and the cancellation conditions significantly reduces disputes. The majority of conflicts arise from contractual ambiguity, not from deliberate bad faith.
The frequent mistake of the professional
Many craftsmen use downloaded quote templates without checking the mandatory mentions. A quote that does not distinguish between deposits and down payments, or that omits information about the right of withdrawal in case of a sales pitch, weakens the professional’s position when the client contests.
It’s better to invest an hour to adapt your quote template than to lose several weeks in a recovery procedure. Every quote is a contract, and a poorly drafted contract almost always backfires on the one who wrote it.