"I originally thought that the choice of custom furniture can make home decoration more distinctive. Who knows that the product has quality disputes and cannot be installed. What is more annoying is that the furniture store also refuses to return the product because it is a custom product." The forum posted a statement about the tragic encounter. Even if quality problems occur, customized products can not be returned? A survey by a reporter from Jinghua Furniture found that the brand stores all said that if quality problems occur, they support return and exchange, but because they cannot be sold again, most of them recommend maintenance. The lawyer reminded that if the customized product is inconsistent with the design drawing, the responsibility for returning or replacing it must also be clear.
Case controversial quality custom not returned
Recently, a foreign netizen named "951668531zxl" posted in a decoration forum that he had customized seven sets of furniture such as wardrobes, cabinets and desks in a store brand furniture store. It was agreed on the spot that the plates were E0 grade Lushuihe plates, original goods, etc. However, the furniture finally entered the door in the form of bare semi-finished products, and there was a lot of dust. The board had burrs, cracks, scratches and other problems; the cabinet had no countertops, and the skirting board had been folded into a deformed shape. He then discovered that the brand store had been withdrawn from the store, and the furniture manufacturer stated that this set of products was not the original product. The store stated that consumers cannot prove that the furniture is fake, and cannot return it because it is custom-made furniture. Half a year later, the netizen's furniture is still scattered, and the problem cannot be solved.
Lawyers claim to the views of users can store
Wang Shiping, an attorney of Tongchuang Law Firm, analyzed the case of netizen "951668531zxl". He believes that if the custom furniture provided by the merchant has quality problems, it depends on whether the seller on the contract is the manufacturer's branch or distributor, if it is the manufacturer's branch The company is responsible for such problems. If it is a distributor, the manufacturer is generally not responsible for the products sold by the distributor unless it causes personal and property damage. In addition, if the furniture is indeed not from the original manufacturer, the manufacturer itself is the victim, and will not be responsible for the product. Consumers need to contact the dealer to make a claim.
Like the case where the dealer has withdrawn the cabinet in the above case, consumers can request the dealer ’s contact information from the store. If the store cannot provide it, according to Article 38 of the Consumer Rights Protection Law of the People ’s Republic of China, consumers can report to the store Claims, the store must bear due responsibilities.
Confirmation is required before signing
Is it impossible to return the custom furniture? According to Wang Shiping, according to Article 148 of the "Law of Sale and Purchase Contract", if the quality of the subject matter does not meet the quality requirements and the purpose of the contract cannot be achieved, the buyer may refuse to accept the subject matter or terminate the contract. The buyer refuses to accept If the subject matter is cancelled or the contract is terminated, the risk of damage or loss of the subject matter shall be borne by the seller ". Simply put, it does not mean that the furniture may be returned if there is a quality problem, and it can only be returned if it fails to achieve the purpose of the contract. If the consumer confirms that the drawings are correct and feels there are defects in the furniture design, Wang Shiping said that under the premise that the product meets the relevant industry standards, this party is responsible for the buyer, and the seller is only responsible for reminding.
And the words "customized products, no refunds and no exchanges" on the customized product contract are reasonable? Wang Shiping explained that the premise of "non-refundable" in the custom furniture contract is that there is no quality problem. This is reasonable due to the special nature of custom furniture that cannot be sold again.
Lawyers remind consumers to try to choose large-brand custom-made furniture in regular stores, pay attention to clearly mark the color, size, used plates, hardware, delivery date, etc. of the furniture in the contract, in case the goods are not correct, You can hold a contract to discuss an argument to avoid the problem of verbal agreement that cannot be traced back.
But say the store can be returned to the main repair
Regarding the return of custom furniture, the reporter consulted several large stores in Beijing and furniture brand customer service.
The customer service of a furniture store stated that if the customized product has serious quality problems, such as environmental protection failure, inconsistency with the materials used in the contract, etc., it can be returned or exchanged. Since customized products can no longer be sold, maintenance is generally advocated to solve the problem. Jimei Home Customer Service said that within 90 days, serious quality problems (such as severe deformation) package return, but the customer service also mentioned that generally there will be no serious quality problems, mainly maintenance adjustments.
What if there are design flaws and installation problems? Jimei customer service said that if there is inconsistency between the finished furniture and the drawings, consumers can refuse and the deposit can be refunded. If consumers are not satisfied with the installation, the merchant will be responsible for installation until they are satisfied. Red Star Macalline (microblogging) customer service mentioned that even if customers feel that the design of custom furniture is somewhat unreasonable, it will be processed after its signature and approval of the design drawing, so this is the responsibility of the consumer and the merchant is not responsible. If there is any inconsistency with the design drawings, it may not be possible to return the goods, the specific circumstances need to be negotiated.
In addition, stores and custom furniture merchants have stated that if consumers believe that the release of hazardous substances in furniture exceeds the standard, they must issue a test report from a nationally recognized testing agency before the merchant will be liable.
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