In March 2012, Ms. Li of Hefei ordered several pieces of furniture in a furniture store named “Xilong†on the second floor of the “Ji Ran Jia †home shopping mall on Changjiang East Road. With a total price of more than 5,000 yuan, Miss Li prepaid a deposit of more than 1,000 yuan at that time and signed a purchase contract.
Holding the signed furniture sales contract, Miss Li found a home shopping mall. "I'm sorry, your contract is invalid." It turned out that the contract did not cover the financial seal of the mall, which belonged to the merchant's "opening a private order". This time, Miss Li was even more depressed.
Citizen: I paid the deposit but couldn't wait for the furniture
"At that time, the merchant promised that the delivery on May 5 was clearly written in the contract." But when the delivery time arrived, the furniture had not been delivered. Lee
When the lady contacted the store, the phone was always unanswered.
"I didn't care too much at that time, but I still couldn't get through on the phone on May 8. I felt a bit wrong." Miss Li quickly contacted the store where the store is located, and the staff said that the furniture store was already They evacuated the cabinet privately this month, and they have been in contact all the time, but they have never been in contact.
Miss Li was a little flustered, she called the shopping guide who received her at the time, but the shopping guide said that she had not been to work for a long time,
The situation is unclear.
Furniture shopping mall : the financial seal of the shopping mall is not covered, and the contract is invalid
On the afternoon of May 9, the reporter followed Miss Li to this Xilong furniture store. At the scene, the reporter saw that although there were some furniture in the store
Products, but there is no salesperson. The shop was originally filled with debris. "I was here to pay more than a thousand dollars
Gold, signed a purchase contract. "Miss Li pointed to a writing desk in front of her and told reporters that now the table is covered with dust."
With the contract, Miss Li found the staff of the store again, but the staff told Miss Li that the mall should not bear any responsibility for this contract, because
There is no financial chapter on the store.
"Customers should go to the checkout counter in the mall to pay the money instead of directly handing over the money to the merchant.
The field is forbidden. "In this" Contract of Home Furniture and Building Materials Sales Contract ", it is covered with" Hefei Juran Home Huanyu Store Xilong Specialty "
"Sale marketing contract chapter" stamp. There is one in the contract content: Party A (purchaser) must pay all the payment and related expenses to the actual home, no
Actually, the home will treat Party A and Party B (merchants) off-site transactions, and will not bear any after-sales service responsibilities such as "advanced compensation" to Party A.
At this time, Miss Li was confused. "I didn't look at the contract carefully at that time, so I looked at the store and was just doing the activity.
At the end, just waiting for the furniture to move in place, you say ... oh! "
Furniture Progress: Furniture sellers promise to return the deposit
A staff member told reporters furniture store, furniture store in Piekary mall without consent, in late March Withdraw now
Arrears related to the shopping mall are in arrears, and the shopping mall has temporarily withheld the furniture samples placed in the shop. After understanding the reporter, I learned that it was the same as Miss Li
There are still a lot of people in this kind of encounter. "Recently we have received more complaints about Xilong furniture, all of which are similar problems." The staff said that although the contract
It is stated that such “off-exchange†shopping malls are not responsible, but they will help to solve the problem of the creditworthiness of the shopping malls.
"We will not let consumers suffer this loss, and the general handling opinion now is to let consumers who have paid the deposit choose to contact him in other furniture stores in the mall.
For the products of similar specifications that we booked, consumers only need to make up the balance of the contract. If the total price of the furniture selected later by the consumer exceeds the contract amount, the difference
The amount will be paid by the mall. "
As of press time, Miss Li called and said that a person who claimed to be the head of Xilong Furniture had just contacted her. "The person in charge is on the phone
Li told me that the furniture store did have some problems in its operation, and he apologized for the trouble it caused me. "
"His tone was more sincere, and he left my bank account and entered 1500 yuan into it. My original deposit was 1273 yuan, the rest
Is compensation. "For this result, Miss Li said that she can accept it, and she will no longer be held responsible for the furniture store.
Lawyer: Shopping to see the contract terms
The reporter also consulted attorney Han Xuesong of Golden Asia-Pacific Law Firm on related issues. He told reporters that from the perspective of "Contract Law of the People's Republic of China"
Said that the mall itself is not responsible. "Because the seller of the contract is not a shopping mall, it is now the seller ’s merchant that cannot supply the goods in breach of contract. In addition, there is no
Building a business stamp on a mall means that the mall has not approved the transaction from the beginning. However, shopping malls have a responsibility to help consumers protect their rights, and shopping malls
In the event that merchants open private bills, the mall should bear the responsibility for weak supervision. "
Lawyer Han also wants to remind consumers that they must read the terms of the shopping contract clearly in the future and do not be careless. If you can't get such an event
For corresponding compensation, the seller can be sued in accordance with the law.
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