Ordering furniture that fails to deliver can be held accountable for breach of contract

Lawyers claim that merchants can be held accountable for breach of contract

Changsha people Kwok in "Four Seasons Wood Song" to buy furniture, December 15, 2009 signing of the purchase contract, agreed at the latest delivery in about January 15, 2010. However, until April 15 , Miss Guo had not received some furniture . Miss Guo missed the move during the Spring Festival and had to push back the original marriage period.

April 15, in the face of complaints Kwok, "Wood Four Seasons song" responsible person Li told the "Legal Weekly" Xiao Bian, because the company does not deliver the goods may be, can not lead to timely delivery to the consumer, he has urged The company hurried to deliver the goods to Miss Guo recently.

Delayed delivery for three months

On April 15 , Miss Guo, a Changsha citizen who lives in Furong District, complained angrily to the editor. Miss Guo told the editor that as early as mid- December of last year, she was accompanied by her family and came to Changsha Jingwanzi Furniture City to choose furniture. Before she had bought a house and it had been renovated, she only waited to buy furniture. After staying, Miss Guo hopes to buy furniture early and move into a new house before the Spring Festival.

Miss Guo recalled that at that time, she really felt that the quality of the " Four Seasons Muge " furniture was not bad, and the service attitude of the sales staff was very good. It is understood that Miss Guo learned that the manufacturer of " Four Seasons Mu Ge " furniture was founded in Zhongshan, Guangdong, in 1991 , and was able to independently develop its own brand . It was once a supplier of a large international supermarket and should be trusted.

Ms. Guo bought a full set of furniture at the " Four Seasons Wood Song " furniture store , including two beds and desks , bookcases , dressing tables , wardrobes, etc., with a total price of 15,000 yuan.

However, the " Four Seasons Wood Song " furniture store's next steps made Ms. Guo angry. According to the contract signed by both parties, "Four Seasons Wood Song" should be around January 15, 2010, all the furniture, all delivered to your door.

However, after numerous calls from Miss Guo, " Four Seasons Wood Song " failed to deliver all the furniture to the door before the New Year, but sent the furniture piecemeal. Miss Guo said, " Sometimes it was delivered at one o'clock in the morning " , which made Miss Guo very depressed. The thing that annoys her most is that " Four Seasons Mu Ge " has not delivered the ordered bed so far. The delivery time from the contract has exceeded three months.

"The manufacturer is not busy "

April 15, "Legal Week" Xiao Bian contacted the "Four Seasons wood song" responsible person Li.

Manager Li told the editor that their store did indeed have a bed that was not delivered to Ms. Guo, because "the manufacturer was not busy all at once. " Manager Li said that he has urged the factory to speed up the progress and will deliver the furniture to the house in the near future.

Regarding the delay in delivery of " Four Seasons Muge " and the trouble it caused to consumers during delivery, Manager Li expressed his gratitude to the media for his attention and hoped to apologize to the consumers. At the same time, Manager Li told the editor that because the furniture made by Miss Guo could not be delivered to the door in time, the store had already sent a large bed as an alternative for the use of Miss Guo before the factory rushed out.

And for the explanation of Manager Li. Kwok, reluctantly said, "At my request, 'Four Seasons song wood' really to give me a piece of another type of bed, let me first with. However, I booked the bed than most of the models, It makes the door of the room unopenable and can't be used at all. "

At the same time, Miss Guo believes that this may be the delaying tactic of " Four Seasons Mu Ge " . As early as in the past year, she repeatedly call the "Four Seasons Wood Song" phone, when Li is so her reply, but dragged through the New Year, so that delayed her wedding, while Li is clearly aware of the purchase of furniture For decorating a new house, it is difficult for her to believe the promise of Manager Li of " Four Seasons Mu Ge " .

Lawyer: Can be held accountable for breach of contract

Newspaper legal advisory group of experts, a Hunan Star Law Firm Ye Xiangfeng lawyers believe that, "For the 'Four Seasons song wood' default behavior undelivered furniture, consumers can pursue its breach of contract according to the law."

Lawyer Ye Xiangfeng said that there are three basic forms of liability for breach of contract, namely continuing performance, taking remedial measures and compensating for losses. Of course, in addition to this, there are other forms of liability for breach of contract, such as breach of contract damages and deposit liability. In this case, if the contract between Ms. Guo and the " Four Seasons Muge " furniture store stipulates a liquidated damage, or a deposit is paid, Ms. Guo can directly request the " Four Seasons Muge " furniture store to pay the liquidated damages, or double the refund of the deposit . ( Legal Weekly News Hotline: 0731-84802117) If no liquidated damages or deposits are agreed, Ms. Guo can request the " Four Seasons Muge " furniture store to pay certain economic compensation for her losses according to the actual situation. Mr. Ye reminded consumers that when paying deposits for commodities, they must clearly agree with the merchants in the order contract for liability for breach of contract.