Furniture sales contract playing word games 100% does not represent the overall use
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Promotion to buy high-end furniture
In January 2011, the citizen Xiao Shen came to a home shopping mall in the city to select furniture for his new house. The furniture in the mall is full of different styles. After a few turns, Xiao Shen has a little "fatigue".
Suddenly, he noticed a set of European and American style solid wood bedroom furniture, the gorgeous and low-key style immediately made his eyes shine. “Our furniture is made of 100% European imported eucalyptus wood, and it is the most suitable for you.†See Xiaoshen, the shopping guide is busy and welcomes it. “You must know that eucalyptus is an expensive one. Wood, also has a certain collection value. Usually we are not concessions. Today, shopping malls engage in activities, a full set of buy only 40,000 yuan! Machine can not be lost!"
The shopping guide's tempting propaganda made Xiao Shen heart-wrenching: the price of eucalyptus furniture on the market was very high, and the 100% eucalyptus bedroom series in front of the house only sold 40,000 yuan, which is really as big as the shopping guide said. It's cheaper. "Is this furniture really imported from Europe?" Xiao Shen pressed the joy of his heart, and the guide purchased carefully. "I want to write the material of the furniture in the purchase contract. What do you think?" "No problem, we are famous domestic brands, and the quality reputation is guaranteed." The shopping guide vowed. Therefore, after obtaining the consent of the shopping guide, Xiao Shen wrote the words “100% European imported beech†under the contract, and then happily bought the furniture back home.
The store's propaganda and Tibetan cats moved into a new home full of European and American styles. Xiao Shen’s heart was so beautiful that he asked his friends to come home to “warm pots†every three and a half years. Everyone is also full of praise for the unique decoration and gorgeous furniture of Xiao Shen. Xiao Shen was pleased to introduce to a friend: "My bedroom furniture is all imported from Europe, and the price is not expensive. I really bought it." "Oh, isn't it? I think this bed is like pine!" Some people have raised doubts. "Well, this cabinet is not like the back panel. Brother, isn't it a fool?"
The friend’s words made Xiao Shen a bit strange. After careful scrutiny, we found a lot of flaws. Xiao Shen purchased this set of European-style bedroom series including double bed, sofa, wardrobe, bar and other furniture, in addition to the frame and part of the panel, other parts such as bed board, wardrobe backboard, etc., are used pine, eucalyptus, etc. wood. Just because it is too hidden, it is not easy to find it without careful observation.
"After spending more than 40,000 yuan, I bought a coffin shelf? This is too pituitous!" The joy of moving to the house was suddenly rushed without a trace. When Xiao Shen took the invoice to find the merchant, the merchant made him cool from the beginning to the foot: "We never promised that the whole piece of furniture uses eucalyptus, '100% European import' is only used in frames and panels. For the main material of the coffin, we are not wrong, you understand it wrong."
In other words, you can avoid responsibility. For the merchant's statement, Xiao Shen can't agree with it anyway. After many unsuccessful negotiations, Xiao Shen took the business to the court and asked the merchant to double the compensation in accordance with the provisions of the Consumer Protection Law.
When the court in the furniture city received the case, it felt that the warning significance of this case was far greater than the determination of the outcome itself. "In the process of purchasing furniture, the characteristics of merchants' use and consumer information are asymmetrical, and the game plays with words such as shoddy and stealing, and consumers are easy to fall into misunderstandings." After many parties negotiated, they finally decided to purchase furniture in Xiaoshen. The scene is held in the mall.
In the attention of customers, the case was officially heard. The focus of the dispute between the two defendants was gathered in the contract of “100% European imports of beech furnitureâ€. The plaintiff Fang Xiaoshen believes that from the perspective of ordinary people, the word “100%†is modified by furniture, meaning that all parts of the furniture should be made of eucalyptus; and the defendant’s merchants believe that “100%†is modified by eucalyptus, which refers to eucalyptus. It is indeed 100% imported. For this reason, it also presents a list of tariffs, which proves that the coffin part of this set of furniture is indeed imported from Europe and the United States.
In the debate between the two parties, the defendant also admitted that there may be staff members eager to sell in the process of sales, including words that exaggerate the internal components of furniture. However, its products meet the relevant quality testing standards, and there is no problem with the shoddy that the plaintiff believes.
In the end, after the mediation of the court, the original defendants of each of the words ended up with a settlement. This set of European and American style furniture is still owned by the plaintiff, and the defendant paid 9,000 yuan to the plaintiff for compensation.
In the natural inequality of merchants and consumers, consumers are always at the weak end of access to information. Then, in the course of the transaction, how to fix the evidence? What criteria do consumers use to judge the pros and cons and protect themselves?
“Learn to retain evidence that is good for yourself is the first step in maintaining the right to self-legal rights.†After the adjournment, the owner made two moves for the consumers on the scene: “Consumers should collect as much as possible before purchasing. Explain the description of the product features, and read it carefully. At the same time, improve the ability to distinguish the exaggerated propaganda; when purchasing, for the term that is not understood or the problem that may be controversial, the seller must be marked in the purchase contract, and the expression should be clear. Clearly; after purchase, if it is found that there may be false or fraudulent, it can be based on the mandatory norms of the furniture industry. With reference to relevant laws, the evidence collected in the previous period will be sorted out and then appealed to the Consumers Association or filed in the court."
