Half a year later, Mr. Zeng’s cabinet has not been delivered.
The cabinet that has been delivered has not been installed yet.
According to Mr. Zeng’s plan, he could live in a new home in the Spring Festival of 2018, but until now, his custom furniture has not yet been completed.
On July 23, 2017, Mr. Zeng signed a contract with a Chengdu-based company specializing in custom furniture, including wardrobes, cabinets, dining cabinets, balcony cabinets and other customized items, totaling more than 51,000 yuan. According to the production cycle of the corresponding material, the latest delivery time should be September 12, 2017. However, until now, there are still cabinets and some cabinets that are not delivered, and the installation is only halfway.
"Now the home is not completely installed, and even the size of the components is problematic. The merchant does not answer the phone. The installation does not answer the phone, or it will drag tomorrow." Mr. Zeng said that he has filed a lawsuit in the district court. The court requested the return of the purchase price and the payment of liquidated damages. The court filed the case at the beginning of this month.
Renovation / spend 50,000 yuan custom furniture can be accommodated according to the planned Spring Festival
A year ago, Mr. Zeng bought a house in a neighborhood near the flower arch, and then began planning renovations. Mr. Zeng said that he chose a merchant who made custom furniture under the introduction of a friend. "I went to the store in May last year and then paid a deposit of 3,000 yuan. On July 23 last year, I signed the contract for a total price of 51,000 yuan. On the spot, 80% of the purchase price was 40,000 yuan." Mr. Zeng introduced. The payment receipt list and the customized company that displays the furniture in the contract are “Chengdu Linji Furniture Co., Ltd.â€.
Mr. Zeng said that its custom-made furniture mainly includes: dining room cabinet, three-bedroom wardrobe, door-to-door shoe cabinet, cabinet, living room balcony cabinet and so on. According to the contract, the delivery time is from the date of signing the contract and paying the prepayment, the solid wood particle series is 30 days, the solid wood skin series and the baking film series are 40 days, and the solid wood series is 50 days. "We have a solid wood series. According to this time, we will deliver all of them on September 12 last year."
According to Mr. Zeng’s plan, after the furniture was installed in place at the latest on September 12 last year, the decoration will be completed in half, and then ventilated for a few months. By February 2018, during the Lunar New Year, it is basically possible to stay. However, the furniture was delayed and the plan of Mr. Zeng was completely disrupted. “Until the beginning of December last year, the first batch of goods was received, which has already exceeded the agreed delivery date.â€
Pick up goods / 1 day 200 yuan default gold cabinets have not been sent yet
"After the expiration of the time, I started to remind me, but I have never sent it. Although the other party’s verbs are reassuring, there is no problem, but there is no actual action." Mr. Zeng introduced that because the merchants have not delivered the goods, they will find the merchants again afterwards. In the contract, the supplementary agreement is agreed to be delivered within October 28, 2017. The solid wood is delivered for 5 days. "If it is not delivered, the penalty will be calculated at 200 yuan per day."
Despite this, Mr. Zeng still did not receive furniture during the agreed time. Until now, custom cabinets have not been delivered. "According to the liquidated damages, it is at least 30,000 yuan now." Mr. Zeng said, "At present, it has only been delivered to restaurant cabinets, wardrobes, balcony cabinets, shoe cabinets, etc., but they are not completely installed. The wardrobes either have no panels, or The internal pendants are not installed and some have dimensions."
Mr. Zeng said that he had contacted the merchants many times during the period, and the other party also said "no problem" again and again, but it was cool again and again. Even at the end, the phone is difficult to connect. "I finally told them to tell me that I didn't do it. In which place, I can pay for it and pull it back. I also gave the last 8,000 yuan to the end. I hope I can install it early. The result is still a mess."
The prosecution / installation party said that "the boss has a car accident" Consumers sued for a return, payment of liquidated damages
Under the repeated continuation of the business, Mr. Zeng simply sued the business to the district court. "Beginning the court suggested a negotiated settlement, but it has not been negotiated well, and it has not been able to contact the other party until the end of the mediation period, and the court begins to open the case." Mr. Zeng said.
The case acceptance notice issued by the court showed that on March 1 this year, Mr. Zeng v. Chengdu Linji Furniture Co., Ltd. contracted the contract dispute case and formally accepted the case. Mr. Zeng proposed that the merchants should cancel the original furniture customization contract and return the total payment of the payment of more than 51,000 yuan. At the same time, the merchant is required to pay the liquidated damages according to the standard of 200 yuan per day.
Mr. Zeng introduced that at present, the person in charge of the business is still not contacted. "The phone has been blocked or not answered."
The reporter learned that the person in charge of Chengdu Linji Furniture Co., Ltd. was Mr. Li, who was also the party who signed the contract with Mr. Zeng. At first, the two had contacted the issue of the multiple times, but did not hand over the furniture on time. On the afternoon of March 18, the Chengdu Business Daily reporter repeatedly tried to get in touch with Mr. Li, but the call was not answered. Afterwards, the reporter tried again and again to get in touch with Mr. Lin, the person in charge of the installation and after-sales. According to Mr. Lin, the delay in delivery was due to the shortage of the manufacturer. It has been explained to Mr. Zeng and will be arranged as soon as possible.
Regarding the dimensional quality problem, Mr. Lin said that there may be an error in the actual production and the size at the time of measurement. As for the claim, Mr. Lin said that Mr. Li, the person in charge of the company, had a recent car accident and related matters need to be handled by him.
Lawyers / both consumer disputes and contract disputes, if there is no response, "absent trial"
In response to Linji’s arrears of goods and product quality problems, Xie Lianchao, a lawyer of Sichuan Guangli Law Firm, said that this situation is both a “consumption dispute†and a “contract dispute.†If there is a contract, Mr. Li is After the court filed a lawsuit, the court will conduct trials in accordance with the relevant measures stipulated in the contract. In addition, the plaintiff may also make a claim under the Consumer Protection Act.
Zhang Xuejun, a lawyer at Guojin Law Firm, said that in reality, many people will customize furniture during the renovation. Once Mr. Zeng has a similar situation, he can report it to the local quality supervision department and the industrial and commercial department. In addition, if a contract dispute is involved, it may apply to the Judicial Bureau Mediation Center for mediation, provided that both parties accept this approach. "In such rights defending cases, the time and money costs for consumers are high by defending their rights through litigation."
Regarding the situation that Mr. Zeng said that the head of the business is difficult to contact, Zhang Xuejun believes that if the phone cannot be connected, such as the office in Chengdu, Mr. Zeng and the court can visit the office in the field. If the other party has not responded and is absent from the court, the court may “in the absence of trial†and “enforce the judgment result†if necessary. Chengdu Business Daily reporter Du Yuquan
Intern Wang Ruiqi's photo report
Sofa Bed,Double Sofa Cum Beds,Sleeping Sectional Beds Sofa,Foldable Single Sleeper Bunk Sofa
AU-PINY FURNITURE CO., LTD , https://www.jiangmenaupiny.com