Xian Tao men spend more than 500,000 yuan to buy wardrobe and cabinets after a dispute between the business and the merchants are hacked
Author:Red Pepper Media Time:2022.07.11
"I customized the cabinets and wardrobes in the New Farmers Store in Sofia's house. Later, the wardrobe contract was lifted with a dispute with the merchant due to the material problems of the wardrobe, but the cabinet did not withdraw. Ignore it. "Recently, Mr. Wu, owner of Edward Lake International Community, reported to Xian Tao Weekly and Red Pepper Media that he spent 123,000 yuan in the New Farmers Store (hereinafter referred to as Sophia) in Semofia in Semofia in May 2021. The Simi Cabinet and Dihao Wardrobe, which are 480,000 yuan, have been customized. In the early stage, the two parties had taken legal procedures due to the disputes between the wardrobe material. After mediation by the court, the "TOEIC Customization Contract" signed by the two parties has been terminated.
Located on the third floor of the dynasty (Xinnong Trade Store) Sofia Store
However, there are also many problems in the cabinets. In addition to delaying delivery, the height is inconsistent with the drawings, the rough workmanship, and the inconsistent edges made Mr. Wu very annoyed. What made him even more angry was that the merchant refused after -sales and communication on the grounds that the contract had been lifted. "The court's civil mediation was written very clearly. The 480,000 yuan wardrobe contract was lifted, and it did not include the cabinet. I have paid the full amount. Why do they not solve the problem of the cabinet?"
What is the original committee? What are the specific contents of the "Customization Contracts of the House" signed by the two parties? How does the legal person suggest? In the past few days, the reporter conducted a variety of visits.
Consumers: The merchant pulls me black and refuses to communicate
According to Mr. Wu, after many previous understanding and communication, on May 6, 2021, he signed the "Full House Customization Contract" with Sophia, and Simi Cabinet only signed the "Appointment Form". Coupled with the previously delivered deposit, he paid a total of 123,000 yuan of cabinets and 450,000 yuan (the remaining 30,000 yuan) wardrobe on the same day.
Simi Cabinet
"During the cabinet design stage, I sent the size and drawings of integrated stoves, sinks, and corresponding kitchen appliances in a timely manner in accordance with the agreement. The merchant can not be delivered until August 9, 2021. After the installation was completed on August 23, I was completed, and I was completed on August 23. It is found that the countertop lines of the cabinet are inconsistent with the edge of the integrated stove and sink; the overall cabinet height on the right side of the kitchen is not in line with the design drawings; the bottom of the cabinet drawer is rough and there are gaps; Installing the head. After discovering the problem, I immediately communicated with the merchant, hoping to solve the problem, but so far I did not get a response. "
Mr. Wu said angrily that in April this year, he repeatedly contacted the person in charge of the store. The after -sales director looked at the scene without giving any rework or repair plan. "I paid all the money in accordance with the agreement, but the seller failed to provide the cabinets and after -sales service that met the quality standards. Even the sales manager pulled my WeChat black, which was almost chilling!"
"The delay is not to mention the construction period. My appeal is that the seller is repaired or re -produced and installed on the existing cabinet problems according to the agreement, and the losses caused by breach of contract." Mr. Wu said.
Regarding the dispute of the wardrobe, Mr. Wu told reporters that during the custom wardrobe, the merchant changed the cabinet material from "North American Red Cherry Logwood" to "North American Multi -layer Solid Wood", and refused to ignore the factory's feeding. So he brought the merchant to court. After mediation by the court, the two parties lifted the "Customization Contract of the House", and the merchant returned Mr. Wu to 330,000 yuan.
The "Full House Customization Contract" signed by the two parties
Merchant: The whole house custom contract has been canceled
Regarding Mr. Wu's issues, the reporter interviewed Sofia's salesman in charge of Peng. "I'm just responsible for selling. Mr. Wu mentioned after -sales issues. It is recommended to find the after -sales department." The salesperson said.
Subsequently, the reporter contacted the person in charge of Luo of the store. She responded: "The lawsuit has been traveled, the court has been mediation, and the" full -house custom contract "signed by the two parties has been lifted. . "The person in charge also provided reporters with contact information of the person in charge of the after -sales person, saying that" the specific situation can be connected with it. "
The reporter called the person in charge of the Peng surname, and the response was: "The" Customization Contract of the House "has been lifted, and all after -sales services are not afforded. If the court does not give this condition, we will not agree to mediation. At that time, we would take all all all the time. The materials have been placed, but when the installation is ready, the other party has raised objections. "
Court mediation and contract content
So, what is the mediation content of the court? Are there any merchants who can stop taking the clause of the after -sales liability of the cabinet? How did the cancellation contract agreed at the beginning?
Civil mediation of the city court
Mr. Wu provided reporters with a civil mediation letter of the Xiantao People's Court [(2021) Hubei 9004 Minchu 7514]. The plaintiff is Mr. Wu, the defendant is the head of Sofiaro. The facts and reasons of the plaintiff's lawsuit are that the unit price of the content of the product purchase product is calculated at 2890 yuan/square meter at the price of the North American red cherry. In the process of customization, violating the contract agreement between the two parties, the cabinet material changed from the custom logos to the multi -layer solid wood, and the price of multi -layer solid wood was 1180 yuan/square meter. Furniture materials have constituted serious breach of contract.
The mediation statement also stated that the dispute over the sales contract was completed on April 19 this year. The parties on both sides have reached the following agreement: 1. Lift the "Customization Contracts" signed between the original and the defendant; 2. The defendant returned the plaintiff's payment of 330,000 yuan before April 21, 2022; 3. 4. The litigation fee is 8050 yuan, and the charging is charged at 4025 yuan, which is borne by the plaintiff. The reporter noticed that the mediation book did not involve the relevant terms of the cabinet. So, is there any clauses in the "Customization Contract"?
In a "All -House Customization Contract" provided by Mr. Wu, Party A is Mr. Wu and Party B is Emperor Xian Tao. See the attachment list for the content of the purchase product, and the attachment list is a list of wardrobe materials. It agreed that the size, area, price, etc. are agreed, but the material is not agreed. The two parties agreed that the total amount of the payment was 480,000 yuan, and Party A had paid 450,000 yuan in twice. The contract signing date was May 6, 2021, and Party B signed the person in charge of Luo.
From the perspective of the contract, it does not involve cabinet -related content.
Now that the two sides have had disputes in the wardrobe, why did Mr. Wu not withdraw the cabinet?
"When I realized that the seller changed the material privately, the wardrobe was not installed at this time, and the cabinet had been installed, so only the wardrobe contract was lifted." Mr. Wu explained this.
Lawyer: Merchants are responsible for the after -sales sales of the cabinets
Zhou Hongbing, a legal adviser of this newspaper and a lawyer of Hubei Liyang Law Firm, believes, "From the perspective of the civil mediation of the Municipal People's Court, the" Customization Contracts of the House "signed by the two parties has been lifted. The amount of the incident is only the amount of wardrobe, and the cabinet has nothing to do with this mediation. "Zhou Hongbing believes that if the cabinet contract as the merchant said has been lifted, then the merchant must provide relevant legal documents. Responsible.
How to avoid "stepping on the pit"? Zhou Hongbing suggested that when customizing furniture, consumers should seriously sign a written contract, and in the written contract, the material, color, size, specifications, valuation methods, delivery methods, warranty periods, after -sales service standards, and liability for default are clear and clear. Promise. "It is recommended to list a detailed list of standard furniture size, internal structure, material, and hardware, and clearly agreed with merchants on issues such as quality, color difference, after -sales."
(Xian Tao Weekly Merge Media Reporter Xu Yaiting)
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