â– Plaintiff: Mr. Tao â– Defendant: Nanjing Shile Home Furnishing Co., Ltd. â– Case Description:
In 2017, Nanjing Qinhuai District Consumers Association Red Flower Branch received a complaint from Mr. Tao, claiming that it had ordered a set of “Qingdao Yimu†furniture in the “Qingdao Yimu†furniture store of Hongxing Meikailong, totaling more than 70,000 yuan. . The furniture is delivered to the consumer's home at the agreed time and assembled. But the next day, the consumer found that the inside of the furniture was printed with the trademark “Guangming Furnitureâ€. It was suspected that the furniture was not “Qingdao Yimu†furniture, but “Guangming Furnitureâ€. Then the consumer reflected the situation to the merchants, the merchant admitted that the goods were wrong, but the consumers found that the furniture they saw in the “Qingdao Yimu†furniture store was the same as the furniture delivered to the home, suspected Qingdao Yimu The furniture that is sampled in the store itself is “Guangming Furnitureâ€. Later this guess was confirmed by the merchant. The furniture placed in the store is “Guangming Furnitureâ€, and consumers are also looking for “Guangming Furnitureâ€, which is also sent to consumers’ homes.
Consumers believe that they are buying furniture in the furniture store of “Qingdao Yimu†brand. The purchase should be “Qingdao Yimu†furniture, and the purchaser always introduces to himself that this is “Qingdao Yimuâ€. Furniture, but the furniture that is actually fancy and delivered is "bright furniture". The behavior of the merchant is fraudulent, requiring a refund of three. After receiving the complaint, the Qinhuai District Consumers Association Red Flower Branch conducted an investigation. The merchant explained that the “Qingdao Yimu†store was opened, the store decoration was completed, but the “Qingdao Yimu†goods were not in place, so temporarily The store has placed "bright furniture" for sale, and its own mistakes are not explained clearly with consumers. However, consumers are looking for bright furniture, and they also provide "bright furniture". From this point of view, they do not defraud consumers. After four rounds of mediation, the two parties finally reached an agreement and signed a mediation agreement. The merchants agreed to refund the goods in full, and compensated the consumer for a total loss of 50,000 yuan. However, in the stage of fulfilling the contract, the merchant only handled the refund of the return, and compensated the consumer for 20,000 yuan, instead of compensating the consumer 50,000 yuan in accordance with the agreement of the mediation agreement. Since the mediation agreement cannot be fully fulfilled, the safflower branch legally supports consumers to file a lawsuit.
â– Case evaluation:
Article 8 of the Law of the People's Republic of China on the Protection of Consumer Rights states: “Consumers have the right to know the truth about the goods they buy or use or the services they receive.†Article 20 states: “Operators provide consumers with Information about the quality, performance, use, and expiration date of goods or services shall be true, comprehensive, and shall not be false or misleading. In this case, the merchant sells other branded goods in the brand store, and does not explicitly inform the consumer. The consumer mistakenly believes that it needs branded goods, so it must bear the corresponding responsibility. Under the coordination and elimination solution, the operator should cancel the contract and pay the consumer compensation amount of 50,000 yuan. However, if the operator fails to perform the contract as agreed, he must bear the corresponding legal responsibilities.
â– Trial situation:
At present, the case is in the first-instance procedure. The Qinhuai District Consumers Association Red Flower Branch has submitted relevant investigation materials such as the investigation and mediation process to the court according to its duties, and actively cooperated with the investigation and evidence collection of the lawsuit case.
Sofa Bed,Double Sofa Cum Beds,Sleeping Sectional Beds Sofa,Foldable Single Sleeper Bunk Sofa
AU-PINY FURNITURE CO., LTD , https://www.aupinyjm.com