Consumers must pay attention to the signing of home renovation contracts
With the end of the first home improvement season this year, many disputes about orders and contracts surfaced. Many consumers have encountered annoyances, and some of them have been satisfactorily resolved, but they have also experienced many twists and turns in the process; while some have been entangled for a long time, there is still no satisfactory answer. The reporter summed up some typical consumption cases in the recent period, to give you a reminder, hope that when signing an order or contract, pay more attention to better protect their own rights and interests.
The entire order was actually out of stock
Home decoration contract signed knowledgeable to pay attention to protect rights and interests from upset
Case Replay: On March 14 of this year, Ms. Ma and Ms. Li from Haidian District took part in the business activities, joined the group buying team of a certain brand of ceramics, and placed an order of 8000 yuan in full on the same day. When the order is marked "When picking up, the business can be notified three days in advance." However, on April 24th and May 4th, after the two new house renovations were started, they respectively contacted the agents to request delivery. The answer was that some of the model tiles were out of stock, and the specific arrival time was unknown. Delayed the renovation process. Through negotiations, the ceramics trader agreed that Ms. Ma and Ms. Lee would pay for the return transportation expenses from the company, and promised to bear the cost of the lost work caused by this matter, and offered more preferential prices.
Doubt: How can consumers avoid the damages caused by such breaches?
Lawyer claims: In this case, the failure of the merchant to supply on time constitutes a breach of contract. In addition to the right to require the other party to continue to perform the contract, the consumer may request the merchant to compensate for the losses incurred, including loss of work, transportation expenses, and losses caused by the renovation of the work stoppage. However, in actual operation, there is often controversy about the loss calculation and higher negotiation costs are required. A more effective method is to specify the liability for breach of contract for delayed delivery in the contract. For example, it stipulates “one day delay in delivery and payment of 1% of the liquidated damagesâ€.
Cancellation before non-delivery is also considered a breach of contract
Case review: In early May of this year, Ms. Guo fancy a wardrobe of a brand with a total price of 8,000 yuan at a furniture store in Xianghe. At that time, the contract was signed and a deposit of 1,680 yuan was paid in advance. But a week later, she also invited professionals to remeasure the amount of room and found that the size of the wardrobe did not match the dimensions of the room and could not be installed. Therefore, she requested to cancel the order. Because the contract stipulated that "full payment can be delivered" and "20% breach of contract", the merchant believes that it is in breach of contract and will not refund the deposit. However, Ms. Guo believes that the manufacturer does not have the size she needs, and that she has not yet delivered or incurred other costs such as transportation, and that her products can still be sold. It is not a breach of contract and should not be paid 20%. After repeated arguments, the final merchant returned a deposit of 1,280 yuan and charged Ms. Guo 400 yuan in default. Ms. Guo can only reluctantly accept this.
Doubt: Is it okay to cancel the transaction before delivery? 20% of the liquidated damages in the contract is too high?
The lawyer said: As the contract has been established and takes effect, the consumer's cancellation of the transaction constitutes a breach of contract. Because the contract clearly stipulated the proportion of liquidated damages, the merchant’s practice was not unreasonable. Of course, it was not non-negotiable. In fact, in this case, the final merchant returned most of the money already paid. As a consumer, a good measure of size should be taken before a purchase is made to avoid a breach of contract.
Xiao Bian Tip: In calling for merchants to regulate their operations, consumers themselves should also push their own people to do more consideration or preparation before choosing, avoiding breaches and disputes caused by their own causes.
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