Detailed explanation of the new furniture contract to further protect consumer rights
Material refinement is divided into three columns
If the salesperson tells you that their furniture is made of solid wood, you know whether he refers to all the materials used in the furniture, or only refers to the main frame and panel, maybe the materials used for drawers, partitions and other parts are only very cheap materials. As another example, consumers generally do not pay much attention to hardware such as drawer slides and hinges, but in fact the prices of hardware of different brands may differ by more than ten times. The expensive mahogany furniture should have been made of only core materials. However, due to the scarcity of resources, the manufacturers are eager to make profits, and the scraps are mixed with it. Consumers may not know. These factors are directly related to whether the furniture purchased by consumers is worth the money.
In the old version of the furniture sales contract, although there is a column of materials, it is not broken down. In this new version of the contract, the materials are refined into three columns: "Main Material / Fabric", "Auxiliary Material / Hardware", and "Sapwood Condition". The merchant must fill in the truth and bear the corresponding responsibilities, and consumers can see it at a glance.
However, industry insiders also pointed out that there are many names for furniture materials, and some manufacturers are constantly renovating concepts to improve their value. For example, borrowing the concept of the traditional hardwood rosewood, there are Burmese rosewood, Brazilian rosewood and so on. For consumers, knowledge is power, especially before buying high-end products, it is necessary to learn more common sense before buying, listen more, see more, compare more.
Manufacturer changed to place of origin
The place of origin is often an important part of the commodity image. In the eyes of many people, if a piece of furniture claims to have German or Italian ancestry, it seems that it has a basis for doubling its value. But it is hard to say whether it is made by German masters, or if Chinese masters put on a German label after they finish it. This is also the vague zone that merchants often deliberately create.
In the new version of the contract, the original manufacturer's column was changed to "origin", which can be regarded as a definite treatment of the origin of the product. Consumers can use this to know whether this product is "branded" or "origin".
After some large enterprises merge small enterprises, they use it as a processing point, but the level of technology is not guaranteed. These problems can also be reflected through the "origin".
Technically, specifying the place of origin is also important for furniture. For example, the south is wet, and the degree of dehydration of furniture materials is different from that of the north. If it is sold to the north, it may be easy to crack, so it needs extra attention.
Quality commitment does not write "the same sample"
In terms of product quality, many merchants only write the words "same sample" in order to save trouble. Consumers are so sloppy. In fact, there are great risks in doing so. When the product is found to have a problem, the sample may have been sold, and it is difficult to obtain evidence even if a complaint or lawsuit is filed.
Therefore, the person in charge of the Contract Division of the Municipal Administration for Industry and Commerce particularly reminds consumers not to write words such as "same sample" in the contract.
In order to better regulate product quality, Article 2 of the new version of the contract requires each piece of furniture to compile a “Furniture Instruction Manual†in accordance with national standards. For some large enterprises, this is already a routine operation. Some small businesses are still lacking in this regard.
In addition, the second paragraph of the new version of the contract also stipulates that the furniture must not only meet the implementation standards in the manual, but also "not less than the same quality as the sample."
Distinguish deposit and advance payment
Article 3 of the new version of the contract specifically stipulates the payment methods. There are three payment methods in total: one, full payment in one lump sum; second, a partial deposit payment; and third, a certain amount of prepayment.
Many consumers may not be aware of the difference between down payment and down payment. According to the definition of the law, a deposit is a method of guaranteeing a certain amount of money paid before the contract is concluded or before performance. According to the relevant theory of the Civil Law, the security of the deposit is reflected in the provisions of the law on the penalties for the deposit, that is, the party that pays the deposit does not have the right to request the return of the deposit when it fails to perform the agreed obligations; Refund the deposit.
There is no problem of non-refundable or double-refunded advance payment. If consumers regret, they can always return the prepayment at any time. As a seller, you can deduct a portion of the money based on the actual losses you have suffered as a result.
The previous version of the contract was not clear enough. A clear distinction has been made in the new version of the contract, but consumers must understand the concept first.
Acceptance disputes are written into the contract on the spot
Whether it is buying a house, buying a car, buying a computer, or buying furniture, acceptance is a daze for the average consumer. The reason is simple. We are laymen. Out of "natural nature", merchants always try to cover up defects in products. In the new version of the contract, the seller is required to urge consumers to check and accept the product, thereby increasing the seller ’s obligations.
For consumers, in addition to keeping their eyes as wide as possible, it is to be more authentic in words. The new version of the contract is particularly clear, and the problem of furniture found during acceptance must be "raised on the spot." Because once the delivery acceptance is missed, consumers can easily lose control of the situation. The second form at the top of the new version of the contract is specifically designed for acceptance, including: acceptance of acceptance, payment clearing, rejection and reasons, problems and solutions.
There are four contracts in total, among which the yellow one is reserved by consumers, and the green one is reserved by the delivery party. If there is a dispute during the delivery inspection, the problem must be clearly written in the acceptance form of the two parties to make it legal Effectiveness. We have evidence of any problems in the future.
Of course, only the surface appearance, color, trademark, quantity and other surface issues of the product can be inspected during the acceptance. As for pollution and other issues, it can only be carried out after receipt.
In addition, many people may not be clear about the specific content of the "product implementation three guarantees" that we often talk about. The new version of the contract not only emphasizes that the manufacturer must abide by the three guarantees clause in Article 5, but also prints the main terms of the three guarantees behind the yellow contract of the contract reserved by consumers. Consumers can read it carefully and consult at any time.
Delay Responsibility Bidirectional Restraint
On-time delivery is a basic requirement for merchants. The first clause of Article 6 of the new version of the contract stipulates that if the seller fails to deliver the goods on time, he shall pay the buyer a penalty for breach of contract. If the delivery is not delivered after the agreed delay period, the buyer has the right to cancel the sales contract. If the deposit is delivered, the seller may be required to return the deposit twice.
However, it should be noted that delayed default is a two-way responsibility. In reality, because consumers cannot wait at home on time, it is often the case that delivery exceeds the delay period, which brings great trouble to manufacturers. According to the contract, if the maximum grace period agreed by both parties is exceeded, the seller can also cancel the contract without returning the consumer deposit.
Unconditional return of excessive pollution
Environmental protection is the most concern of consumers. The second clause of Article 6 of the new version of the contract clearly stipulates that once the harmful substances in the furniture exceed the standard, consumers can return the goods unconditionally, and the seller shall compensate for the corresponding testing costs, transportation costs, lost time and other losses, but pay attention to save the invoices evidence.
Consumers cannot only test indoor air quality, they must find a qualified furniture quality testing agency to test. Consumers can log in to the Beijing Municipal Bureau of Technical Quality Supervision, click on the "quality inspection agency" on the homepage, and click the "furniture" column on the linked page.
If consumers buy furniture at trade fairs and other events, and find that there is a problem with the quality of the product after the show, and the manufacturer has withdrawn from the show, they can claim compensation from the organizer of the show. The manufacturers participating in the exhibition generally pay a deposit to the organizer, and the money paid to consumers will be paid out of the deposit. Jing Chang reporter Jin Chang
Summary of the new version of furniture sales contract
1. The material part is refined, and it is divided into three columns: "main material / fabric", "auxiliary material / hardware", and "sapwood condition".
2. Set the "origin" column to clarify the furniture's "origin" to prevent merchants from fooling consumers.
3. Clearly distinguish between "deposit" and "prepayment" methods, which have different meanings.
4. Require merchants to urge consumers to accept and accept, and write disputes on the spot
5. Pollution exceeds the standard, and can be returned unconditionally after being confirmed by relevant agencies.
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