315
Consumer Rights Protection Day
315 this year is coming
In life, each of us is a consumer
How can we correctly safeguard our rights and interests?
Released by the Fuqing Market Supervision Bureau
Nine typical cases of infringement of consumer rights
Enhance legal awareness and safeguard your own legitimate rights and interests
Confused merchants are proud of themselves
Customer rights protection was finally compensated
On January 5, 2021, consumer Ms. Xu complained about a door and window store in Fuqing. She reported that she ordered broken bridge aluminum balcony doors and windows from the store two months ago, but there was a problem with the installation. ; At the same time, I also purchased a narrow sliding door from the store, but the goods delivered to my door were inconsistent with the order, and the merchant was required to return the goods for a total refund of 24,000 yuan.
After receiving the complaint, Fuqing City Consumer Council staff contacted both parties for mediation. After investigation, it was learned that the consumer Ms. Xu ordered aluminum alloy doors and windows for the balcony and kitchen and bathroom sliding doors from the merchant. After the merchant’s product introduction, she decided to customize and own them. Good airtightness and watertightness The balcony aluminum alloy doors and windows are made of unique broken bridge aluminum profiles, and the high and low rail styles are selected according to the on-site samples; the kitchen and bathroom sliding doors are made of fashionable extremely narrow frame sliding doors. However, after the merchants installed them, the consumers found that the merchants would. Balcony aluminum alloy doors and windowsThe flat rail style, while the very narrow frame of the kitchen and bathroom sliding door has become an ordinary frame style, which is completely inconsistent with what was agreed at the time. Ms. Xu requested a return and refund of a total of 24,000 yuan on the grounds of breach of contract by the merchant. In response to the accusations from consumers, the person in charge of the business admitted that the wrong order was due to his own mistake, but the consumer did not raise any objection at the installation site and only complained after the installation. Since the product is specially customized according to the size of the consumer\’s home and cannot be resold after return, the consumer\’s request for return and refund was rejected. After mediation, the merchant remade the product for the consumer as agreed by both parties and compensated the consumer 5,000 yuan, and the two parties reconciled.
A girl took out an online loan to learn dance and was called for debt
The Consumers Association actively defends rights and solves difficulties
In February 2021, the Fuqing Consumer Council office received a father and daughter. The father, Mr. Xue, received a reminder letter from a Shanghai law firm, informing his daughter that Huang Moumou was overdue in repaying the loan, and requested that the money be repaid in a timely manner. Mr. Xue was very puzzled. He and his wife had no idea when his daughter would get a loan. After questioning their daughter, they found out that their 16-year-old daughter, Xiao Huang, had borrowed 19,800 yuan from a financial APP recommended by the gym to pay for her annual dance lessons. Mr. Xue and his wife believed that the gym was inducing minors to take out loans without the permission of their guardians, and requested the termination of the fitness contract. They also required the merchant to state the true situation to a financial company in Shanghai and terminate the loan agreement.
After receiving the complaint, the staff immediately investigated and understood the situation. Mr. Xue’s daughter, Xiao Huang, is a student at a vocational high school and works part-time outside school. In October 2020, she and her friends went to a gym in Fuqing to experience dance classes. They tried it for free for two weeks and felt quite satisfied. So, she came up with the idea of becoming a dance teacher and planned to buy formal classes. The person in charge of the business checked her ID card and believed that she was only 16 years old and still a minor. She needed parental consent to sign a contract. Xiao Huang told the other party that she worked part-time outside and had a monthly income of 3,000 yuan, so she could make her own decision. In order to win over customers, the merchant agreed to sign a contract with Xiao Huang and recommended an all-round coaching class with an annual fee of 19,800 yuan and a one-year course as a gift. Tuition fees are high, and the living expenses provided by parents plus part-time income are still insufficient to pay in one go. Therefore, the merchant suggested that she apply for a loan from a certain financial APP. The person in charge told Xiao Huang that this financial APP was its partner, and the loan could be obtained immediately with zero interest. She only needed to repay the principal of 1,568 yuan per month. Xiao Huang immediately agreed and asked the merchant to apply for a loan for his operation without even reading the electronic terms of the financial APP.
After learning professional dance for two months, her body was very tired, she had to pay off the loan for two months, and the financial burden was heavy. Xiao Huang didn’t want to persist anymore. She stopped the dance class, but at the end of January 2021, she received However, the collection calls became more and more frequent, and the collection text messages became more and more urgent, and she became more and more nervous. Finally, the law firm found Xiao Huang’s parents. Send a letter requesting Mr. Xue to repay the loan.
The staff organized a merchant’s gym to mediate with consumer Xiao Huang and his parents. After mediation, the merchant admitted its mistake and induced Xiao Huang to purchase annual lessons despite knowing that the other party was underage and his parents were unaware. The merchant The fitness agreement with Xiao Huang was terminated and the financial platform was notified to terminate the loan contract. With the joint efforts of all parties, the financial platform terminated the loan agreement with Xiao Huang, and the reminder bells finally subsided, and Xiao Huang breathed a sigh of relief. Mr. Xue and his wife expressed their gratitude to the Consumer Council staff and stated that they would strengthen their efforts. Communicate with children and support their academic careers
Article 18 of the Civil Code stipulates: “Adults are persons with full capacity for civil conduct and can independently perform civil legal acts. Minors over the age of 16 who rely on their own labor income as their main source of living are deemed to be persons with full capacity for civil conduct. \”Article 19 stipulates: \”Minors over eight years old are persons with limited capacity for civil conduct. Civil legal acts shall be carried out by their legal representatives or with the consent or ratification of their legal representatives; however, they may independently carry out acts solely to obtain benefits. Civil legal acts or civil legal acts commensurate with their age and intelligence. \”Article 145 stipulates: \”Civil legal acts performed by a person with limited capacity for civil conduct that are purely for profit or that are commensurate with his age, intelligence, and mental health are valid; other civil legal acts performed by a person who has limited capacity for civil conduct are legally binding. It is effective upon consent or ratification by the agent. The counterparty may urge the legal agent to ratify the decision within thirty days from the date of receipt of the notice. If the legal representative fails to make any representation, it shall be deemed as a refusal to ratify. Before a civil legal act is ratified, a bona fide counterparty has the right to revoke it. Cancellation shall be made by notification. ”
In this case, Xiao Huang was 16 years old when he signed the dance fitness contract and loan contract. Although he had income from part-time work outside the home, his monthly living expenses still came from his parents. He was a person with limited capacity for civil conduct. The fitness contract and loan he signed The contract must be ratified by the legal representative before the contract is valid. The merchant does not have sufficient evidence to prove that Xiao Huang relied on his own labor income as his main source of living when he entered into the contract. Instead of ratifying the loan to her parents in accordance with the law, she signed a fitness agreement with her and induced her to apply for a loan to a financial platform for marketing purposes. This was an obvious fault. The financial platform did not review the borrower\’s identity information before granting it to a person with limited capacity for civil conduct. The loan is an invalid legal act, and the agreements between the two parties on the loan, interest, liquidated damages, etc. have no legal effect and are not binding.
Playground safety accident dispute
The Consumer Council conscientiously mediates and protects rights
On June 16, 2021, consumer Ms. Zhang took her ten-year-old son to an indoor playground. Play. According to the merchant’s instructions outside the playground gate,If a child is over ten years old and needs to be alone in the playground, parents are not allowed to accompany him. Ms. Zhang felt relieved when she saw that there were management personnel taking orders inside the venue. Unexpectedly, I heard my children crying soon. It turned out that there was a high ladder in the venue that was very popular with children. Many children took turns riding the slide down from the high place. Because there were still other children at the bottom of the slide who failed to avoid it in time, Ms. Zhang\’s son rushed directly to the bottom of the slide and collided with other children while sliding down quickly, causing a fracture in his right hand. After the accident, although the mall promised to compensate for medical expenses, it continued to delay and refused to compensate for other expenses such as nursing expenses and lost work expenses. Ms. Zhang had no choice but to ask the Fuqing Consumer Council for help.
After investigation by the staff, the situation reported by Ms. Zhang was true, and the child was indeed injured while playing in the indoor playground. Consumers brought their children for treatment and paid a total of 998 yuan in medical expenses such as X-rays and plasters. Because the child\’s right hand was injured, he was unable to do his homework and his studies were delayed for three months, which caused great trouble to Ms. Zhang\’s family. Ms. Zhang requested the merchant to compensate for medical expenses, nursing expenses, transportation expenses, and lost work losses totaling 5,000 yuan. The person in charge of the business said that he was not irresponsible, but the child did not follow the instructions of the management when playing on site, and slipped from the high ladder in advance when other children did not avoid it, causing the accident. It is unreasonable to require the shopping mall to bear all the responsibility. Ms. Zhang believed that there was only one on-site manager. There was originally a manager directing the children under the slide, but he disappeared at the time. The mall should be fully responsible for the lack of management. After mediation by the Consumer Council staff, the mall compensated Ms. Zhang for her medical expenses, nursing expenses, and transportation expenses.Fees and other expenses totaled 3,000 yuan, and the two parties settled.
Article 11 of the \”Consumer Rights and Interests Protection Law\” stipulates: Consumers who suffer personal or property damage due to purchasing or using goods or receiving services shall have the right to obtain compensation in accordance with the law.
Article 18 stipulates: Operators shall ensure that the goods or services they provide meet the requirements for protecting personal and property safety. For goods and services that may endanger personal and property safety, they shall provide consumers with true explanations and Clear warnings, and explain and label the correct way to use goods or receive services and methods to prevent hazards. Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, movie theaters and other business places should exercise due diligence to consumers. to safety and security obligations
In this case, businesses operating indoor amusement parks should fulfill their safety and security obligations for children playing. They should not only ensure the performance safety of amusement facilities, but also have safety management personnel on site. On the day of the accident, children playing in the venue There are so many that we should be more vigilant and strengthen safety management
Lots of low-price experience options
Add layers of code to cause disputes
On June 30, 2021, the consumer Ms. Zhang called to complain that a beauty shop named XX Japanese Beauty was inducing consumption and operating dishonestly, and requested a return and refund.
[Mediation process and results]
Consumer Ms. Zhang reported that she received a promotional leaflet and went to the business premises to experience private parts maintenance at a price of 198 yuan. A staff member who claimed to be a teacher enthusiastically promoted to consumers a uterus that has the effect of nourishing and warming the uterus. Aizhi products, without prior consent from consumers, directly opened the product packaging, displayed the product situation, and explained that the product cost 3,980 yuan, and then stated that it needed to purchase more than 4,000 yuan of products to use together with the effect. Even better, you only need to pay 8,000 yuan at a time to have a complete set of beauty products and care services. Seeing that the consumer was hesitant, he applied for a preferential price. Under the heavy marketing pressure of the shopping guide, the consumer reluctantly purchased the product set. A reagent was used on the spot. After Ms. Zhang got home, the more she thought about it, the more she felt something was wrong. She went to the online mall to check and found that the online price of the same product was only more than 800 yuan. The consumer believed that the merchant was not operating in good faith and demanded a reasonable refund. .
Article 8 of the \”Consumer Rights Protection Law\” stipulates:\”Consumers have the right to know their rights and interests.\” The right to the true condition of the goods purchased and used or the services received. \”, Article 9 stipulates: \” Consumers have the right to independently choose goods or services. Consumers have the right to independently choose operators who provide goods or services, and independently choose product varieties or service methods. Make your own decision to purchase or not to purchase any product, accept or not accept any service. Consumers have the right to compare, identify and select when choosing goods or services independently. \” In this complaint, the merchant used the low-price experience to attract consumers to place orders, but in fact However, in the process of providing services, it repeatedly induces consumers to increase prices and upgrades, and even restricts and misleads consumers to make expressions that are not based on their true intentions, infringing on consumers\’ rights to know and make independent choices.
Customized color differences in the whole house cause disputes
The Consumers Association patiently mediates and resolves conflicts
On July 26, 2021, consumer Mr. Cai reported to the Fuqing City Consumer Committee that he ordered panels at a whole-house customization store in Fuqing City for a total of 130,000 yuan. After installation, he found that the color difference was obvious and asked the merchant to compensate. Rejected.
The staff believes that in this consumer dispute, both parties have certain faults. When merchants provide goods, they should clearly indicate the plate color specifications in the order contract, and check the model, color, quality, etc. before shipping. Check carefully and communicate with the manufacturer promptly for products with obvious differences.and clearly inform consumers. Mr. Cai should verify the goods in time when receiving them. If he finds obvious color differences before installation, he should communicate with the merchant in time. Therefore, both parties should bear corresponding responsibilities. After patient mediation by the staff in accordance with the law, the two parties reached a settlement agreement: the merchant exempted the consumer from the final payment of 5,000 yuan and paid a compensation of 8,000 yuan, which was delivered to the consumer by on-site transfer.
Article 8 of the \”Consumer Rights and Interests Protection Law\” stipulates: Consumers have the right to know the true situation of the goods they purchase and use or the services they receive. Consumers have the right to require operators to provide the price, origin, producer, purpose, performance, specifications, grade, main ingredients, production date, expiry date, inspection certificate, instructions for use, After-sales service, or service content, specifications, feesUse and other related situations.
Article 23 of the \”Consumer Rights and Interests Protection Law\” stipulates: Business operators who indicate the quality of goods or services through advertisements, product descriptions, physical samples or other means shall ensure that the actual quality of the goods or services they provide The quality corresponds to the stated quality condition. Article 48 stipulates: If an operator provides goods or services under any of the following circumstances, unless otherwise provided in this law, he shall bear civil liability in accordance with the provisions of other relevant laws and regulations… (4) Failure to comply with product descriptions, The quality status indicated by physical samples and other methods…
In this case, when the merchant and the consumer signed an order agreement, it was The physical sample is used to indicate the quality status, and the color card is not shown to consumers to confirm the color number of the sample. When the dispute occurred, the consumer questioned the sample displayed by the merchant and believed that it was inconsistent with the sample he selected when ordering. The merchant explained that it was caused by lighting, and it was actually the same sample, but there was no evidence to support it. Due to the influence of lighting and shooting angle, the video taken by the consumer on site cannot prove that the sample he selected is inconsistent with the sample displayed by the merchant. After active mediation by the Consumer Council staff, both parties realized their negligence and finally reached an agreement.
The simple packaging has been questioned
Consumers Association traceability to promote reconciliation
On August 10, 2021, consumer Ms. Lin called and reported that a certain wardrobe in Yinxi Street, Fuqing City Custom-made cabinets in the store, the merchant promised to use a well-known brand imported from Austria to make the cabinets, but when the goods arrived, the actual products were different from the samples.The quality does not match. The consumer questioned whether the plate was genuine and negotiated with the merchant, but was unreasonably rejected by the merchant and requested mediation.
The staff will contact the consumer immediately after receiving the complaint. Consumer Ms. Lin told the staff that when she ordered a certain brand of shoe cabinet in the store, the shopping guide recommended to her a cabinet sample displayed in the store, indicating that the cabinet was made of imported boards from Austria. The consumer checked on Baidu and found that the brand\’s boards were relatively recognized, so he ordered a cabinet of the same style as the sample. However, when merchants delivered goods to their doorsteps, consumers found that the outer packaging of the boards was crude, with no factory name, address, or product specifications, and the product model displayed on the inside of the packaging paper did not match the one on the order form. Therefore, they questioned the merchant for fraud and the use of counterfeit imported boards. , refuse the merchant to install. The merchant took a tough stance, emphasizing that the panels in the consumer\’s home were from a well-known brand imported from Austria and that they had not defrauded consumers, but refused to issue relevant certificates.
In order to find out whether the boards in consumers’ homes are imported boards, the staff based on the purchase order provided by the merchant, Supplier qualification certificate, contact the brand board manufacturer to authorize the staff of the processing plant in Fujian to come to the door for preliminary appraisal. After preliminary identification by the manufacturer\’s representative, the panels in the consumer\’s home are indeed of the brand represented by the manufacturer and are not counterfeit or shoddy products. When consumers questioned product packaging, the manufacturer explained that because the processing factory processes multiple brands, it did not indicate the factory name, address and other information on the packaging. As for the misalignment of labels and plates mentioned by consumers, the manufacturer explained that it was due to management errors. After communication between manufacturer representatives, merchants and consumers, the two parties reached a settlement. In response to Ms. Lin\’s other issues such as the excessively large door seam of a certain brand\’s shoe cabinet, after mediation, the merchant agreed to replace the five problematic boards for the consumer, and the consumer had no objection. Both parties reconciled.
Whose fault is the burst pipe
Clear responsibility disputes
On September 7, 2021, consumer Mr. He complained to the Fuqing Municipal Consumer Committee that a water purification equipment business department caused the water pipe at the purified water interface in the home to fall off and leak due to the installation worker\’s error. Recently renovated high-end floor wood, request for compensation for damage was rejected.
Mr. He told the staff of the Consumer Council about the \”trouble\” he encountered. In January 2021, he returned home after a month\’s business trip to prepare for the New Year. He lives in a villa in a community that was just renovated a year ago and has not yet moved in. He is preparing to receive relatives and friends during the New Year. When I first entered the house, I was shocked by the situation in front of me. The second floor was flooded with water. Water leaked along the stairs to the first floor. The floor on the second floor was soaked and the wallpaper became damp and moldy. It was a mess. He quickly called the property management company, and after investigation, it was found that the problem was with a 2-point pipe. This 2-branch pipe connects the direct drinking water faucet in the kitchen on the second floor and the dedicated purified water pipe in the community. At the scene of the accident, the connecting pipe had fallen off from the special pipe for purified water, and the drinking water was still flowing. Mr. He immediately asked the person in charge of a water purification equipment business department stationed in the community to go to the site to confirm, and arranged for an assessment company to estimate the renovation losses. Because Mr. He adopted a high-end renovation plan, the market value of the 100 square meters of solid wood flooring that was damaged by immersion was as high as 160,000 yuan. Mr. He was responsible for the cost of replacing the wallpaper and asked the water purification equipment business department to compensate for the loss of the wooden floor. However, the merchant said that he could only compensate for 1,000 yuan.
After receiving the complaint, the Fuqing Consumer Council arranged for both parties to mediate. The merchant claimed that the two branch pipes in question and the connected faucet were purchased by the consumer themselves. It was the quality problem of the 2-manager that caused it to fall off and burst into water. It was not the merchant\’s responsibility. Both parties had their own opinions and the mediation reached a deadlock.
In order to find out the cause, the Fuqing Consumer Council and the Fuqing Building Materials Industry Association went to consumers\’ homes to conduct on-site inspections. After investigation, the community where the consumer lives is a community with a relatively high occupancy rate, and the kitchens of the owners of the community are equipped with special water purification pipes. The residential property management department signed a long-term cooperation agreement with a water purification equipment operation department. The water purification equipment operation department will provide direct drinking water equipment and use the principle of ultrafiltration or reverse osmosis to purify the tap water to meet the direct drinking standard. The owner will recharge the card at a rate of 0.4 per liter. Yuan. At the end of 2020, Mr. He\’s home applied for water purification, and the merchant sent a master to install it. On the day of installation, the debugging was normal. Mr. He then went out to discuss business. The villa has been vacant. A month later, Mr. He returned to the villa and discovered that something had happened. .
The staff inspected the small kitchen on the second floor and found that the pipe body of the second branch pipe was intact, but the mouth of the pipe was hanging down and disconnected from the purified water pipe. Why did this connecting pipe fall off soon after the direct drinking water was opened? Representatives of the Municipal Building Materials Industry Association believe that it is inappropriate to directly use two separate pipes for the purified water outlet. The two separate pipes have a diameter of 8MM and are limited in withstanding water pressure. When the water pressure exceeds the limit, there is a risk of the water pipe being washed down, and a pressure reducing valve should be installed. Or it is more appropriate to use a 4-point pipe with a diameter of 15MM and a corresponding 4-point faucet. The staff checkedIn the kitchen on the first floor, I found that the kitchen on the first floor uses a 4-point pipe and a matching 4-point faucet. Why is a 2-point pipe and a 2-point faucet installed on the second floor? According to the owner\’s recollection, the kitchen on the first floor used faucets and water pipes that the master brought to the door. When installing the kitchen on the second floor, Mr. He\’s father-in-law mentioned that there was another faucet in the house and asked the master if he could use it. The master said that it is best to use the faucet provided by the company. If the owner insists on using his own faucet, he can also use it. However, the faucet at the owner\’s home is suitable for a 2-point pipe with a smaller diameter, so the owner\’s family bought a 2-point pipe from outside and asked the master to install. Consumers said that if the master informed them on the spot that the faucet in their home could not be used and it might cause water explosion, they would not insist on using it. However, the business representative argued that the master had discovered that the owner\’s faucet was a 2-point faucet, and had reminded the owner that according to the company\’s regulations, he must use the company\’s water pipes and supporting faucets. However, the owner insisted that he had seen it, and the master had to install it according to the owner\’s wishes. Because you have fulfilled your duty to inform, you do not have to bear any responsibility.
Since the merchant was unable to prove that the installer had fulfilled his duty of notification, the Municipal Consumer Committee referred to the professional opinions of the Building Materials Industry Association and conducted multiple interviews with the merchant in terms of operator responsibility, brand reputation, and professional ethics. In the end, the merchant told the staff of the Consumer Council that the installer had good intentions and wanted to save money for the owner. He failed to adhere to the principles and caused the accident. The company has punished him and the company is willing to take responsibility. However, the owner insisted on bringing his own accessories and did not discover the accident in time. He did not live at home for a long time. As an owner, he neglected to manage his own property, thereby expanding the losses. Mr. He should bear the corresponding responsibility. After many mediations, the two parties reached an agreement: the merchant would compensate consumers 60,000 yuan for losses and 40,000 liters of direct drinking water.
Article 7 of the Consumer Rights Protection Law stipulates: When consumers purchase and use goods and receive services Enjoy the right to be protected from harm to personal and property safety. Article 8 stipulates: Consumers have the right to know the true situation of the goods they purchase and use or the services they receive. Article 11 stipulates: Consumers who suffer personal or property damage due to purchasing or using goods or receiving services shall have the right to obtain compensation in accordance with the law.
In this case, since there are technical requirements for the outlet pipe to open direct drinking water, the installation master should remind consumers that they should use the 4-point pipe and matching faucet provided by the company, and they can only install it if the installation conditions are met. If a consumer purchases a faucet with two branches and supporting equipment, he should explain the hidden dangers to the owner. If the owner still insists on using it, he should explain the situation in detail on the after-sales service order., and signed and confirmed by the owner. Since the installer in this case only gave verbal instructions and was ambiguous, giving the owner the illusion that he could use his own accessories, and was unable to provide written proof, he should not be exempted from liability on the basis of prior notification to consumers. Due to management loopholes and neglect of technical training and system constraints, merchants caused on-site installation workers to fail to adhere to principles and caused accidents, which infringed on consumers\’ rights to know and safety. They should bear primary responsibility for the property damage caused by consumers and should compensate and draw lessons from them in accordance with the law. Learn lessons, improve internal management, and strictly operate procedures to avoid similar situations from happening again.
Dine without free tableware
The restaurant was sued and required to make corrections
On October 2, consumer Mr. Lin complained about a certain restaurant in Fuqing City We only provide disposable tableware for a fee, but do not provide reusable tableware. We require the department to pay attention and urge the merchants to make rectifications.
Consumer Council staff will contact both parties for mediation. The person in charge of the merchant confirmed that the situation stated by the consumer is true. The restaurant provides disposable tableware, including disposable chopsticks, bowls and plates, for a fee of 2 yuan. The waiter did not take the initiative to tell whether the tableware was charged and the specific charging standards. After mediation, the merchant apologized to the consumer and promised to make rectifications.
Article 10 of the \”Consumer Rights and Interests Protection Law\” stipulates: Consumers have the right to fair transactions. When purchasing goods or receiving services, consumers have the right to obtain fair transaction conditions such as quality assurance, reasonable prices, and correct measurement. The right to refuse forced transactions by operators
Article 29 of the \”Fujian Provincial Food Safety Regulations\” stipulates: Catering service providers should strictly implement the national food safety operating standards for catering services and ensure that their food raw materials, production and processing processes, business premises, equipment, facilities and tools , tableware, drinking utensils, etc. meet the prescribed requirements, and food safety information and health certificates of employees who are engaged in direct food contact are published in prominent locations in the business premises.
Whole-house customization causes disputes
Consumers Association helps protect rights
On December 2, 2021, consumer Mr. Ni complained about a custom-made wardrobe store in Fuqing, reflecting that the business delayed the construction period and the whole house The custom size was wrong and the leather bed could not be placed.
Fuqing Consumer Council staff promptly launched investigation and verification work to verify the following: Consumer Mr. Ni signed a whole-house customization agreement with the respondent on June 20, 2021, and purchased the \”29800\” product launched by the merchant. Yuan ten-piece set\” package, including three pieces of \”XX\” brand Ten pieces of furniture, including a sofa, coffee table, dining table, dining chair, master bedroom wardrobe, Italian Dona leather bed, and latex mattress, are scheduled to be completed on September 20, 2021. The designer recommended the purchase when he came to measure the dimensions. The consumer adjusted the position of the leather bed and did not inform the consumer when he insisted on his opinion. It is known to consumers that there is a risk that the leather bed is too long and the bedroom door cannot be closed. The consumer paid the full price as agreed in the agreement. However, the merchant repeatedly delayed the delivery. After repeated urging by the consumer, the consumer was notified in early November 2021. However, at the installation site, both parties found that the customized leather The bed was too long and blocked the indoor door. The merchant said it could replace the bed for consumers, but the consumers were not satisfied with the three \”XX\” brand wooden beds provided. Mr. Ni chose one with similar materials and styles in other shopping malls. The leather bed cost 6,000 yuan, so I asked the merchant to refund 6,000 yuan, but the merchant onlyAgree to refund 2,500 yuan, but there is a big dispute between the two parties.
The staff identified the market price range of the accused goods through e-commerce network inquiry, consultation with a certain brand headquarters, etc., and through professional on-site mediation, the merchants were made aware that they should be held responsible for delays in supply and measurement errors. legal liability, and prompted the two parties to reach an agreement: the merchant will purchase the leather bed selected by the consumer to replace the original leather bed, the consumer will bear 1,000 yuan, and the merchant will bear the rest of the price, and the two parties will reconcile.
Article 8 of the \”Consumer Rights and Interests Protection Law\” stipulates that consumers have the right to know the true situation of the goods they purchase and use or the services they receive. Article 20 stipulates that operators provide relevant goods to consumers or the quality, performance, purpose, validity period and other information of the service should be true, comprehensive and not Article 53 provides that if an operator provides goods or services in the form of advance payment, it shall provide them in accordance with the agreement or fulfill the agreement as required by the consumer. Return the advance payment; and shall bear the interest on the advance payment and the reasonable fees that consumers must pay.
In this case, the merchant provided goods in the form of advance payment, but delayed the construction period, and due to measurement errors, the furniture customized by the consumer could not be used normally. If the consumer\’s right to know and fair trade is violated, the consumer shall be held liable for breach of contract and refunded.
Source | Ping\’an Fuqing
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