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Have you been fooled when buying furniture? What are the possible pitfalls when buying furniture and placing orders? Let's take a look at the experience of Dayu netizen Mr. Li, perhaps to remind everyone.
Subject: Verbal agreement encounters change Gua
Recently, the netizen Mr. Li posted a message on the Dayu.com news platform that not long ago he was introduced by an acquaintance and went to Quanyou Furniture Wansheng Life Museum to buy furniture. In the store, Mr. Li chose the all-you-friendly furniture dining table, and was also interested in several brands of sofas, coffee tables, TV cabinets and other products, and placed an order. The order includes a dining table, sofa, coffee table, and TV cabinet. Pieces. Then he paid 3,000 yuan for the price of the table as a deposit, and verbally negotiated with the shop guide: if it was not suitable after the arrival, he would only buy the table, and the rest would not be necessary.
In late July, the Wanyou Living Museum of Quanyou Furniture went to pick up the goods. Mr. Li replied that as long as the dining table, the rest do not want. The dealer said that the order has been placed, the goods have arrived, and cannot be returned, and all must be bought. After many setbacks, Mr. Li finally paid for the dining table and sofa furniture.
Mr. Li: Depressed by forced consumption
Mr. Li said in the post, "They do n’t speak at all, and they order without permission and size." "It is really impossible to swallow this tone," "I warn you to pay attention, do n’t go on set".
He said that the dealer first had a verbal commitment first, and later informed that the product could not be returned. Moreover, the "deposit" is not equal to the "deposit", the practice of compulsory consumption of all friends furniture makes him "very hurt".
Dealer: Where is the evidence of verbal agreement
After receiving the news, the staff of Dayu.com's home channel immediately called Quanyou Furniture Wansheng Life Museum to verify the situation. The person in charge of the other party said that when the two parties signed the ordering service agreement, the agreement stated that 30% of the total payment required as a deposit, that is, Mr. Li's payment of about 10,000 yuan for the deposit is 3,000 yuan. When placing an order, after negotiation between the two parties, the order form "TV cabinet" is marked "to be determined". The dealer believes that Mr. Li has signed the order form and purchase agreement on site, and paid the deposit. He should fulfill the agreement. In addition to the TV cabinet, Mr. Li must pay for other furniture on the order.
When the reporter asked whether the staff of the store had any verbal promises to Mr. Li, the person in charge said that if something really happened, Mr. Li should show the live recording as evidence. In this regard, Mr. Li said, who would go to the mall to buy something and secretly record it?
Quanyou Furniture: Cannot return without evidence
Then, the reporter called the customer service hotline of Chengdu Quanyou Furniture Co., Ltd. The customer service staff replied that since the furniture is a large product, all friends of the furniture factory are shipped according to the dealer's order. As for the oral agreement between Mr. Li of Wansheng and the dealer about "as long as the dining table, no other furniture", unless Mr. Li can present valid evidence or the furniture has quality problems, it cannot be returned.
Hotline 315: oral agreement is difficult to obtain evidence
Subsequently, the reporter consulted the 315 hotline on "whether the verbal agreement is valid". The customer service staff said that because the oral agreement between Mr. Li and the shopping guide is difficult to obtain evidence, the disputes between the buyer and the seller can only be resolved through negotiation.
According to the case: dealers are suspected of compulsory consumption
The oral agreement between Mr. Li and the shopping guide cannot be used as a refund certificate because it is difficult to obtain evidence. Does that mean that the deposit is really not refundable, and the furniture must be purchased?
According to consulting legal workers, the judgment of this transaction dispute must first distinguish the concept of deposit and deposit.
A deposit is a kind of security deposit, that is, the party that pays the deposit defaults and the party that collects the deposit can confiscate the deposit; the party that collects the deposit defaults and should return the deposit twice. The significance of the deposit is to use the deposit as a guarantee to urge both parties to perform the contract as agreed.
The deposit is a kind of prepayment, which is part of the payment and does not have the nature of guarantee. If the nature of the contract cannot be determined according to the content of the contract itself, the meaning can be determined by referring to trading habits. It is generally believed that if there is no clear expression of guarantee, it should be understood as a deposit.
According to Article 118 of the Interpretation of the Supreme People ’s Court on the application of certain issues of the “Guarantee Law of the People ’s Republic of Chinaâ€: “Parties pay retention money, security deposits, security deposits, contractual deposits, deposits or deposits, etc., but there is no agreement on the nature of the deposit. The people's court will not support the right of deposit. "
In this disputed transaction, Mr. Li signed an order and purchase contract with the dealer and paid 3,000 yuan, but if the contract did not make a relevant agreement on the nature of the deposit, then even if Mr. Li breached the contract and requested a refund, the dealer It should also be supported. What's more, in this transaction, 3000 yuan has been converted into a table transaction payment, and Mr. Li did not completely cancel the transaction and requested a refund. The practice of Quanyou's furniture dealers requiring Mr. Li to pay for the rest of the goods is suspected of mandatory consumption.
However, in order to avoid similar disputes, consumers should still have multiple eyes and list the contents of the oral agreement in the agreement to avoid encountering such a situation.
Further reading: Practical guide for preventing and buying furniture
1. Don't believe the verbal blows verbally
Many furniture manufacturers claim that their furniture is absolutely environmentally friendly and absolutely green, but they will not write the corresponding indicators into the contract. Mr. Li ’s experience tells you-oral explanation is meaningless, everything is subject to the purchase contract.
Second, beware of merchants stealing beams and columns on orders
First, the furniture contract must be written clearly, including the furniture brand, model, size, quantity, price, payment method, and other agreements between the buyer and the seller.
Second, take a look at two. Speaking without proof, you need to check various certification materials. In the formal furniture store that uses imported wood, you can see the authorization certificate, certificate of origin, and customs declaration materials.
Third, try not to buy furniture in the morning. Because some manufacturers will play ventilation "tricks", open the doors and drawers at night, so the pungent smell of furniture in the morning is very small. If you go again in the afternoon or evening, the smell of inferior furniture is easily exposed.
3. Check the details of furniture quality like this
First of all, we must check the appearance and surface quality of the product. When buying furniture, we mainly look at the surface of the furniture materials for scratches, indentations, water marks, bubbles, and residual substances in the glue that leave bumps on the decorative surface, without the above defects The surface of the furniture has clear and natural wood grain, smooth and flat, with good visual effect and feel.
Secondly, pay attention to the firmness of the furniture structure. Push the furniture lightly with your hand. If there is any shaking or noise, the structure is not strong.
Third, pay attention to the clearance of the movable part of the furniture. For example, the gap between the door and the drawer should be appropriate and balanced, and the door should be free and smooth when opening and closing, and there should be no noise. It also depends on whether the plating on the surface of the hardware accessories peels off.
Fourth, check the quality of the edge banding of the board. Check whether the edge banding of the kanban board has angling, unevenness, or warping. Good edge banding should be closely adhered to the board, the surface should be smooth, and there should be no roughness.
Finally, we must consider whether the color of the furniture is in harmony with the color of the interior wall and floor, and whether the function meets the actual needs.
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