A natural person bought a kitchen including the installation of this kitchen in his home. The installation by the seller of the hot plate, also included in the sales contract, appeared to be defective. The judge of first instance applied the consumer sales provisions of the Civil Code since there was no dispute between the parties about the qualification of the contract as a consumer sales contract. He discovered that the hot plate was incorrectly installed and condemned the seller to recovery in kind within a three-month period of time. In appeal, the seller claimed that the hot plate was not bought by a consumer and that the consumer sales rules do not apply. The Court of Appeal stated that the finding of the judge in first instance that the contract was a consumer sales contract must be seen as an authentic statement that in absence of forgery could no longer be disputed. The installation forms part of and is an accessory to the sales contract so the judge was right in applying the consumer sales rules. Those rules are to be considered as rules equivalent to national public order rules. In consequence, an application by the judge of its own motion is in place.