Analyze real complaint cases to help you improve your rights protection awareness

The relevant person in charge of the Guangzhou Consumer Council told reporters that so far, the Guangzhou furniture industry still has no "three guarantees" clause, which is the main reason for the continued increase in furniture complaints.

The relevant person in charge of the Guangzhou Consumer Council told reporters that so far, the Guangzhou furniture industry still has no "three guarantees" clause, which is the main reason for the continued increase in furniture complaints. According to statistics from Guangzhou 12315, in 2010, there were 1,633 furniture complaints, an increase of 435 from 1198 in 2009; there were 593 complaints about kitchen supplies (tableware, etc.), an increase of 210 from 383 in 2009; bedding There were 108 complaints, an increase of 17 from 91 in the previous year; 58 decoration complaints, an increase of 4 from the previous year.

The reporter asked a lot of furniture manufacturers. They all said that furniture companies (merchants) have their own three-guarantee regulations. Most stores also said that they have a similar "three-guarantee" policy, but obviously the implementation is not in place. It seems that the hope of defending rights cannot be pinned on the "three guarantees". It is better to analyze the case and raise consumers' awareness of defending rights.

Secret 1

The goods are not on the board

At the beginning of December 2010, Miss Li bought a sofa in Feng Xuan. After receiving the goods, she found that the sofa was out of order. The sofa she sent was basically composed of two different sofas. Miss Li immediately requested a replacement or return, the merchant did not agree. Later, under the intervention of 12315, Feng Xuexuan changed the sofa for Miss Li.

On December 25, 2009, Mr. Huang purchased retractable solid wood furniture worth more than 1620 yuan from National X Solid Wood, but found that the goods were not correct after delivery. At that time, Mr. Huang purchased gear-type telescopic, and the goods delivered were rail-type telescopic, and the price was much lower. Mr. Huang ’s repeated requests for replacement were rejected. After 12315 mediations, the merchants were willing to lower the price by 200 yuan. Mr. Huang could n’t accept it.

This is still resolved. Miss Ji bought furniture and bought a sigh of relief. On October 17, 2010, Miss Ji bought a set of fabric sofas at Mingxu, priced at 14,000 yuan. On December 3, the merchant sent the goods. Miss Ji found that the sofa cloth was old cloth, and there were quality problems such as fading, and the request for return was rejected.

In 12315 multiple mediation consultations, Miss Ji insisted on returning the goods, the merchants did not accept it, the two sides had a big difference of opinion and could not mediate. Now they can only go to the arbitration channel. If the arbitration cannot solve the problem, it may go to court.

Case analysis: The goods are not on the board or are poorly filled, which is the most complaint of furniture, such as excessive formaldehyde and obvious differences in leather color. Because most of the furniture can only be ordered by looking at the samples, it is inevitable that the goods delivered do not match the samples. Sometimes consumers receive the goods to open the package and there are quality problems such as color difference, bumps, and cracks.

When the consumer requests a return, the merchant will release the responsibility on the basis of the difference in each batch of goods, or on the basis of the merchant's own "three guarantees" procedure, and implement the order of repair, exchange, and return. If consumers want to return or exchange, they have to repair it twice, and the returned goods must be certified by the quality inspection department according to the furniture "three guarantees".

Reporter's suggestion: The "three guarantees" for home appliances are subject to the rules of refundable within 7 days and exchangeable within 15 days, but the furniture is not. The reporter checked the "three guarantees" regulations for furniture in Beijing, Shanghai and other places, and had to first carry out the order of repair, replacement, and return.

The reporter suggested that in accordance with the "three guarantees" regulations of other industries, within the validity period of the "three guarantees", if the conditions for return are met, the goods should be returned. At least, Guangzhou should introduce the “Three Guarantees” regulations for furniture as soon as possible, and clearly stipulate the return policy.

Secret 2

Deposits are easy to pay

On May 17, 2010, Mr. Luo ordered a set of sofas at Yi Xmei's home for a total price of 15,000 yuan, with a deposit of 5,000 yuan paid first. However, after the building was closed in mid-December, the sofa set was found to be of different sizes, and he asked the merchant to replace the equivalent furniture. However, the merchant replied that it had to pay the full price of 15,000 yuan. Deposit, or replace other equivalent goods. After 12315 mediations, the two parties of the complaint finally reached an agreement, the complainant can use the deposit to spend in the store, no need to make up the balance.

Miss Gan made a 5,500 yuan wardrobe in Yixlai on July 6, 2010, and paid a 50% deposit. The contract stated that the installation date was July 31, but the shop called Miss Gan on July 29. , Said that the wardrobe has not yet started to be installed until August 20th, or changed to Xi X brand wardrobe, can be delivered on August 15th, but only 700 yuan cheaper, or a full refund And compensate 300 yuan. Miss Gan disagreed, because the wardrobe was used when the house was occupied on August 2, and requested the store to double the amount of the deposit.

Case analysis: refer to the national "three guarantees" policy and the "three guarantees" regulations of the furniture industry in other provinces and cities: if consumers breach the contract and request to cancel the order, they should withhold a penalty of 1% to 5% of the total furniture. In actual consumption, individual merchants often use the "Contract Law" that will be issued later as the basis for non-refundable deposits, or a penalty of 20% of the total value.

Reporter's trick: As long as the deposit or deposit is paid, consumers become lambs to be slaughtered. Non-refundable deposits are common, and even if the merchant is wrong, they will never pay the penalty. The reporter interviewed many consumer associations. They generally believed that in terms of commodities such as furniture, the "Contract Law" does not apply to merchants and consumers, it is more applicable to business-to-business transactions.

Therefore, consumers should be cautious when delivering a deposit when purchasing furniture, negotiate the amount of the deposit paid with the merchant, and write clearly about the terms of the liability for breach of contract, so as to recover the evidence.

Secret 3

Delayed delivery

On July 18, 2010, Mr. Zhang purchased a set of Chi Xia sofas and found that there was a quality problem after delivery in August. The merchant readily admitted that the quality of the product was defective and agreed to replace it, which was also specifically indicated on the invoice. However, Mr. Zhang has repeatedly contacted the manufacturers, and the merchants have been blamed. On December 24, Mr. Zhang was intolerable and complained to 12315. The problem was resolved only after the intervention of the Guangzhou Consumer Council.

Mr. Zhang was lucky, and the problem was finally solved. Mr. Xu in Huadu is a little depressed. On November 14, 2009, Mr. Xu ordered a batch of furniture at the XX Furniture Store, totaling 28,000 yuan, and the merchant issued a receipt at that time.

When the door was delivered on December 6th, Mr. Xu found that two bedside tables were missing. After reporting to the merchant, he sent another bedside table at the end of December, but there was no more details after that. Until March 12, 2010, although Mr. Xu communicated with the merchant many times, there was still a bedside table that was not delivered to the door. Finally, the merchant agreed to refund more than 400 yuan, but Mr. Xu believed that the purchase price was more than 900 yuan at the time. The merchant refunds the purchase price. According to the truth, Mr. Xu ’s appeal is not without reason, but the merchants refused. Although mediated by 12315, so far, Mr. Xu ’s family is still a single bedside table.

Case analysis: Furniture is generally produced on an order basis, depending on the production cycle of the product, the fastest is half a month, and the slowest is as long as 3 to 4 months to deliver, so it is common to fail to guarantee the delivery time. The second is the logistics cost. For merchants, it is definitely a worthless thing to send a small item to a consumer, so they would rather delay the time, and there will be good luck in the delivery of the surrounding freight, or you will be dragged if not. There is no temper.

Reporter's suggestion: Don't believe the manufacturer's self-discipline, it is better to pay the deposit first and then pay the balance after receiving the goods. At the time of purchase, indicate the date and approximate time of delivery on the invoice, and indicate the manufacturer's liability for breach of contract (including the daily penalty for delayed delivery). Remember to contact the manufacturer a few days before delivery to understand the specific situation. On the day before delivery, contact the manufacturer again to confirm the specific delivery time. If necessary, contact the delivery staff to make it clear that they can arrive The exact time.

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