A new case of home rights protection helps you avoid traps

3.15 is approaching, consumption and rights protection are still hot topics. As the social market changes, some new disputes and contradictions will follow. Our reporter specially collected new cases of rights protection in the field of home furnishing, and invited industry experts and professional lawyers to provide guidance to help you keep your eyes open, avoid traps, and calm down when faced with similar problems.

Case 1

Who should I contact if there is a problem with the company

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After Mr. Xiong, the owner of a villa in Haidian District, handed over the room, a general manager of Zhang Decoration Company began to contact him. He called his company a direct unit of the Construction Engineering Group, and his business card also read "Beijing Construction Engineering Group". Mr. Xiong, who has the mentality of "construction is so big, can still be at ease" began to approach him. The communication in the early stage was very smooth. Mr. Xiong also signed a "design power of attorney" with the company and prepaid a design fee of 10,000 yuan. But after signing the contract, the original favorite designer disappeared. Mr. Xiong requested to suspend the contract and return the design fee but did not reach a uniform. Thinking that this company is a direct unit of the Construction Engineering Group, Mr. Xiong found the Construction Engineering Group, but the staff told him that there was no such decoration company under the Construction Engineering Group. In desperation, Mr. Xiong had to turn to the media.

Experts say that some decoration companies or construction teams claim to be "subordinate units of large groups" and raise their prices on the grounds that "they are first-level qualified, while branded home improvement companies are all second-level qualified." In fact, companies with first-level qualifications have higher numbers and levels of cost engineers and the cost of undertaking tooling projects than companies with second-level qualifications, but most of these companies do large-scale tooling projects and basically do not participate in a single home improvement project. Some companies take advantage of the owners' trust in "first-level qualifications" and "big groups" to reach relatives with big groups by way of attachment. But in fact, if there is a problem with the decoration process, these companies may let go. Once this type of company is encountered, the owner should first confirm whether the company belongs to a subordinate unit of a large group before deciding whether to choose its decoration.

Lawyer's point of view: The decoration industry implements qualification management in China, and the attachment behavior is illegal. However, due to the existence of interest space, the two parties will use contracting or other legal forms to achieve the purpose of attachment in actual operation. The affiliated company conducts business activities in the name of the affiliated enterprise. The contract corresponds to the attached enterprise in the contract, which is also known as the headquarters. According to the principle of contract relativity, if there are quality problems, consumers will of course It may be required to be responsible for the enterprises to be linked. If in the end it is verified that this company is not a subsidiary of a large group, if the company is officially registered with the Industry and Commerce Bureau, it can complain to the Industry and Commerce Bureau for help. If the company is not registered with the Industry and Commerce Bureau, it is an informal enterprise, and consumers have no way to complain, so they can only bear all the losses themselves.

Case 2

Does the invoice contract disappear?

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Ms. Li, a reader of Jinghua Home Furnishing, recently encountered a very uncomfortable thing. Half a year ago, she bought invisible screens. Recently, when I looked at the contract, I found that all the handwriting on the contract disappeared. She looked at the other invoices and found that some of them also disappeared or became obscure. Later, Ms. Li learned that because these invoices and contracts used thermal paper as the writing material, the color writing on the thermal paper was unstable and easily faded. She is a little worried that in the event of future repairs, can these invoices and contracts with missing or obscured words be used as proof? She wondered if she could ask the merchant to re-invoice or contract?

Lawyer's point of view: In terms of invoices only, in the case of illegible or disappeared characters, since the invoices are all numbered, and the merchant has the invoice base, according to the invoice management system, it is easy to determine the merchant. If the litigation should not be difficult to resolve, Ms. Li need not worry. However, if the handwriting of the contract is obscured or disappears, the merchant may not cooperate with the consumer, and the consumer needs to provide additional evidence. As a precaution, consumers are advised to choose a copy of the contract and ask the merchant to seal it when they sign the contract.

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