Signed the contract, but the business blamed
Consumer Mr. Deng bought a set of TV cabinets at a furniture store on Liaoyang West Road in January 2011, worth 2,500 yuan. Both parties signed a sales contract with simpler terms. The contract stipulates that the delivery will be installed on January 20. During the door-to-door installation process on the 20th, the installer requested a 20 yuan installation fee, and Mr. Deng found that the glass fiber reinforced plastic cabinet door was missing. The merchant sent the glass door to Mr. Deng's house on the 28th, but the glass door was damaged. The merchant proposed that the damage to the glass door was caused during the transportation process. It must be negotiated with the transportation company before being resolved by Mr. Deng. Afterwards, the merchant blindly pushed back and did not give Mr. Deng a clear answer. Mr. Deng believed that the merchant violated the contract and charged additional installation fees, and repeated installations did not cause great inconvenience to his life. For this reason, he demanded a return of the goods and a refund of the installation fees. And the merchant's attitude is arrogant and tough. In desperation, Mr. Deng dialed 12315 complaints.
After receiving the complaint, the industrial and commercial law enforcement personnel attached great importance to it and immediately contacted the merchant and Mr. Deng for specific information. After many communications, law enforcement officials believe that, first of all, consumers and operators have signed purchase contracts. Although the terms are relatively simple, they still have legal effect. The contract stipulates that the delivery will be installed on January 20, and no additional fee is required. The installer has not issued any documents after charging the fee. This is an unreasonable behavior of the merchant; secondly, the merchant did not charge on January 20 After the installation was completed, it was found that the lack of glass doors and later replacement of the glass doors did not solve the problems for consumers in time after being damaged. Instead, they blindly blamed the transportation company and shirk their responsibilities, which delayed the normal use of consumers. After communicating and coordinating with the merchant many times, the merchant realized his improper behavior and made a commitment to deliver the glass door to the door for installation on February 15th to ensure its normal use. Mr. Deng apologized and paid RMB 200 as compensation.
The contract is simple, and the furniture ordered has changed
In the second half of last year, Mr. Li, a citizen, went shopping. Encountered a furniture factory is engaged in exhibition sales, the merchant promised "as long as the contract is signed and paid in full on the same day, you can enjoy 15% discount", moved Mr. Li signed the contract on the spot, and paid more than 2,000 yuan in payment. Soon, the merchant sent the large wardrobe to the house, but Mr. Li found that it was not a sample of his own preference, and the internal structure was obviously cut corners. Mr. Li immediately asked the manufacturer to discuss the statement, but the manufacturer insisted that "this is done according to the 'sample'."
Mr. Li came up with the contract signed at the time, hoping to use it as a proof to find a manufacturer to replace or refund, but carefully review the contract. Mr. Li completely lost his confidence, "The contract is too general, and the specific specifications and structure of the furniture are not written It is impossible to prove that there is a difference from the sample. This contract is equivalent to a white sign. "
What makes Mr. Li even more angry is that there is a clause in the contract that "the products ordered during the promotion will not be refunded", which further encourages the arrogance of the furniture factory. In desperation, Mr. Li went to the industrial and commercial department to complain. After many mediations, the two parties finally reached an agreement, and the manufacturer agreed to make appropriate modifications to the wardrobe on the existing basis.
Business reviews:
Spring is the peak season for buying furniture, and now many businesses do not sign contracts when selling furniture, send consumers with a receipt, or just sign a contract with very simple and vague terms to avoid responsibility. When signing a contract, it should be noted that if you are buying furniture in a furniture store, after the formal furniture sales contract text, in addition to the position of the buyer and seller to sign and seal, there should also be a place where the store is stamped with a certification stamp. This is an important basis to prove that the transaction is carried out in a store, and that the store has the responsibility for supervision and management of the transaction. On the advent of "3.15", industrial and commercial law enforcement officials reminded consumers that regardless of whether they are in stock or not when purchasing furniture, they must sign a purchase contract with detailed terms and pay attention to details such as delivery and installation. Only when there is a problem can we effectively protect our legitimate rights and interests.
Lawyer reminds:
Purchase furniture must have a sense of contract, whether it is spot or customized, you must sign the contract carefully, and fill in the important terms such as product quality, environmental protection requirements, delivery deadlines, and liability for breach of contract. In furniture trading contracts, dealers often simply write down the product price, model, quantity, and delivery date, and rarely indicate what responsibilities the dealer should bear after default. This resulted in no basis for claiming compensation from dealers after the legitimate rights and interests of consumers were violated. Therefore, the contract for furniture transactions should clearly state the liability for breach of contract. At the same time, the contract of the store should also be stamped on the contract. If the dealer cannot find it, the store can be required to bear corresponding responsibilities.
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