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After the spring, it is the peak season for home improvement. With the rapid changes in market competition, some new disputes and contradictions also follow, leaving consumers overwhelmed. On the occasion of the "3.15 International Consumer Rights Day", the reporter specifically collected new cases of rights protection in the home furnishing field over the past few years, and carried out quality, home improvement, material purchase, distribution, quality assurance, etc. The classification of several major links, and invite professional lawyers to provide advice and guidance to help consumers keep their eyes open, avoid minefields, and be able to calmly deal with similar problems.
Quality disputes
The verbal agreement is not reliable, custom furniture is quite troublesome
Case: Mr. Xie ordered a set of whole cabinets in a building material city in Yanqing, and told the merchants to process and manufacture according to the sample standards placed in the store. The countertops are made of stainless steel and the thickness of the stainless steel is 1.2 mm. However, the two parties only agreed verbally on the above contents at the time, and did not sign a written contract. As a result, Mr. Xie found that the stainless steel material was very light and the thickness of the plate was not enough after the merchant installed the cabinets that had been installed at the door. The merchant immediately agreed to redo it. After 20 days, the operator came to the door again to install a stainless steel countertop, but asked Mr. Xie to sign the acceptance certificate first. Mr. Xie found that the countertop still did not reach the agreed standard, so he refused to install it. As a result, the merchants were afraid that Mr. Xie would not continue to do so without giving money, and Mr. Xie worried that the operators would deceive again and no longer trust the merchants.
Comments:
The situation encountered by Mr. Xie was a trick that some unscrupulous merchants deliberately played during the sale of custom-made furniture. Such merchants used the usual method of placing good-quality samples on the sales display site. During the communication with consumers Acting very close, gaining consumer trust, dissipating consumer concerns, taking the opportunity to avoid signing a written contract with consumers, and charging all fees first. Lawyers suggest that consumers must sign a written agreement with the merchant during the process of customizing furniture, and agree on the materials and specifications of each part of the furniture. The payment should be kept at a certain percentage after the furniture is installed and passed by both parties. Clear, if necessary, both parties can seal samples.
contractual dispute
Decorator terminates contract
Rare design for spending money
Case: On the eve of the Spring Festival this year, Mr. Fu bought a second-hand house and was ready to renovate it quickly. He moved in after the Spring Festival. Under the introduction of a friend, Mr. Fu found a decoration company, and the two parties hit it off. After signing the contract, Mr. Fu paid 300 yuan for the measurement fee and 700 yuan for the design fee. The other fees were agreed upon by the two parties and paid after completion. Unexpectedly, within a few days, Mr. Fu and the decoration company had a conflict. The focus of the debate was whether the decoration cost could be cheaper. Can the decoration materials be changed temporarily? Finally, Mr. Fu was very angry and decided to change the company for decoration. However, Mr. Fu is very satisfied with the design plan of the decoration company. He thought about whether he could come over the design drawings and find another decoration company as a reference. But the decoration company said: "You can get the drawings if you didn't write it on the contract? You didn't write it, sorry." Mr. Fu was depressed. Did your 700 yuan design fee go to waste? Negotiations between the two sides have been fruitless.
Such problems encountered by Mr. Fu are more common in the house decoration process. Many consumers paid the design fee in the agreement signed with the decoration (decoration) company, but did not make an agreement on the attribution of the design result. In order to protect the legitimate rights of consumers, it is recommended that consumers sign the contract with the decoration (decoration) company to own the design results to the consumer, and require the decoration (decoration) company to provide a copy of the design plan to the consumer.
Decoration disputes
It is difficult to resume work at a stagnation site
Case: Liu Yi signed a decoration contract with a decoration company immediately after purchasing a loan from Beijing. The contract was completed in two and a half months. However, four months later, it was still unfinished and was in a state of stagnation. Liu Yi asked the supervision company to come forward and found many problems: 1) using fake Dulux wall paint; 2) 30-40% hollow drum on the ground; 3) cracks in the riser wall brick, etc. The decoration company only agreed to the rectification after the joint mediation of the Chamber of Commerce and Industry and the Consumers Association, but asked Liu Yi to abandon future quality complaints and postponement claims. When Liu Yi did not agree, they refused to rectify. After many communications, although the decoration company agreed to rectify, but progress is very slow. Liu Yi decided to solve the problem through legal channels and demanded compensation. What worries Liu Yi is that he has paid 95% of the contract payment. In what way can he put pressure on the decoration company to complete the decoration as soon as possible?
Comments:
Consumers are reminded that when they sign a contract with a decoration company, they should pay according to the progress of the project. This case also reminds consumers that in the process of signing the contract, they should also pay attention to the agreement of the termination clause of the contract. In addition, consumers should try to choose large-scale decoration companies with good reputation.
Distribution disputes
Install furniture without damaging "other things"
Case: At the end of the decoration, it is to "get" the furniture into the door, but Ms. Wang did not expect that as an installer of a brand furniture store, you can work in this way without being "professional." As a result, after the furniture was assembled, after the workers left, Ms. Wang found that her new floor was smashed into a few small pits. What's more frustrating is that he called the installer and asked him to come back to deal with it. The installer said he would come over and see it the next day. But for the next few days, I just kept on agreeing but no one was there. In the end, Ms. Wang called the furniture manufacturer, and the other party only indicated that she would send someone but no actual action.
Comments:
It is recommended that during the decoration process, if the installer's responsibility causes damage to the consumer's home decoration, the installer should be required to issue a confirmation letter on the spot, which will be used as the basis for claims in the future.
Design disputes
"Bright guns are easy to hide, dark arrows are difficult to prevent"
Case: Dismantling an item into several items, the unit price is down, but the total price is up. During the first decoration, Ms. Zhang encountered such a problem. The designer disassembled the wall tiles into the wall base treatment and wall tiles; the triangle valve and metal hose in the toilet installation project were listed separately Divided into two projects, the hydropower project was dissected into meter and meter, which seemed to be cheap, and the cost of the final settlement was unbelievably high. In addition, when the door is installed, hinges are included, and floor nails are included in the floor nails, and then a 3,000 yuan item-"hardware" is added at the end. Ms. Zhang asked the budget clerk what materials they said, but answered I do not know why. After some "design", the decoration quotation was significantly higher than the original budget. Ms. Zhang is very angry, and would like to ask whether such extra spending on decoration can be recovered?
Comments:
The lawyer suggested that consumers should first determine the total decoration budget according to their actual situation, and then sign a contract with the decoration company for a package price of the total decoration cost according to their own budget. Consumers should pay attention to the Agree with the decoration company on the scope of the decoration project, the standards of the decoration materials used, and the acceptance criteria.
Purchase disputes
Sell ​​fakes in brand stores
Case: A quality problem occurred on a sofa that had been "staying" at home for half a year. What was even more unexpected was that it found a manufacturer and was actually identified as a counterfeit product by the manufacturer. The biggest headache for Mr. Li is that the seller has withdrawn from the store and has nowhere to go. To this end, Mr. Li found a home hypermarket that rented counters, and the other party only agreed to repair. Mr. Li felt very grieved. First, he was unwilling to buy a new sofa just half a year ago, and he was "breaking his stomach." Second, he went to the famous store to shop for the brand, but he also encountered fakes.
Comments:
Consumers can demand compensation from the seller or the store through litigation based on the sales contract with the merchant (there is no sales contract, you can rely on the merchant's invoice).
Service dispute
Free maintenance into a paid service
Case: When the decoration of Ms. Sun ’s house was completed, a person in charge of the decoration company said that the floor they laid could be maintained for one year for free. The decoration contract signed by Ms. Sun also mentioned “free maintenance for one year†project. However, during the latest maintenance, the staff of the decoration company proposed to charge 120 yuan for wax oil, otherwise the service will be cancelled. The company's explanation is that the promised free maintenance service refers to no labor fee. The wax oil used needs to be prepared by consumers. If there is no floor wax oil, they can also provide it, but it will be charged separately. Therefore, the "free maintenance service" promised by the decoration company became a fee-based service.
Comments:
The consumer trap encountered by Ms. Sun is a carefully designed word game by many merchants. Consumers should fall into the trap of specially designing and playing word games when signing contracts with merchants. It is recommended that consumers choose and accept the so-called "value-added services" of merchants. During the process, the contents of "value-added services" should be clearly agreed.
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