Xin'an Evening News Anhui Net Daxie Client News On February 14th, Ms. Chen of Hefei citizen asked the Daxie client for help. From July to October last year, she was in the sixth space permanent home store in Yuxi Road (hereinafter referred to as Hengjiu). Home) purchased custom home and finished furniture worth more than 120,000 yuan. According to the agreement, permanent furniture should be completed and delivered before November 27 last year. But now almost three months have passed, Ms. Chen has only received half of the furniture. "Now the other party's phone is difficult to dial again. Even if it is dialed, as long as the delivery is delivered, the other party will push for various reasons." Ms. Chen said helplessly.
Citizen reflection
I bought half of the furniture and did not receive the goods.
At 9 o'clock in the morning yesterday, on the 1st floor of the 6th Space International Home Building Materials Plaza (hereinafter referred to as the 6th Space), Xinan Evening News, Anhui Net, and Daxie client reporters met Ms. Chen. According to the introduction, in July last year, her new house in the new station area needed to be renovated. Because she trusted the brand of the sixth space, she purchased the custom furniture for many times in the permanent home from 27th to October 5th. According to Ms. Chen, according to the agreement, the permanent home should have sent all the customized furniture to its new home and completed the installation within four months (before November 27 last year).
Ms. Chen introduced that the custom furniture and finished furniture she bought at Hengjiu had paid off the total amount of 123,214 yuan by POS and mobile phone transfer before October 5 last year, but so far, only the new home has been delivered. Cabinets, cloakrooms, balcony cabinets, hanging cabinets, sideboards, dining tables, four chairs, hangers; not delivered, including bookcases, living room partitions, bathroom openings and screens, three sets of doors, sliding doors and cornices Set, 4 window sets.
Ms. Chen said with dissatisfaction, “The total value of furniture that has not received furniture is about 60,000 yuan. The furniture that has been received is not complete, and the dining table and four chairs are still samples in their store.â€
Development of things
The phone has been unable to contact the seller
Ms. Chen told the reporter that she was somewhat uneasy before the agreed delivery date. At the end of October last year, she found that the operation status of Everlasting Home was somewhat abnormal. "The exhibition hall not only turned off the lights but also did not have sales staff. I didn't feel very good at that time. After complaining to the sixth space, I immediately contacted the person in charge of the store, Ms. Yao. Ms. Yao said that she was very busy at the construction site and promised to deliver it to me on the appointed date."
Ms. Chen said, but until the agreed delivery date, that is, on November 27 last year, the permanent home still did not deliver the goods and forced the delivery date again. "At the end of December, under my repeated urging, they only I barely delivered an incomplete cabinet, which is far from my custom furniture.†Ms. Chen said, “Mrs. Yao also picked up my phone at the beginning, but since the end of December last year, she has not answered me. It was handled by her lover, Mr. Qian."
However, just after the New Year's Day this year, Mr. Qian's phone is also difficult to dial, even if dialed, as long as the mention of delivery, the other party will rely on various reasons. "The last time I contacted him was at 5 pm on February 14. When he said that he was in the field, he would contact me when he came back, but I called him these days and he didn't pick up." Ms. Chen said.
Reporter visit
The unmanned exhibition hall has been surrounded by plastic sheets.
At 9:30 am yesterday, accompanied by reporters, Ms. Chen once again came to the permanent home store on the third floor of the sixth space. The reporter found that the store is located at the elevator entrance on the third floor, and the beautifully decorated exhibition hall is now completely covered by plastic sheets. The reporter and Ms. Chen walked into the hall and found that there was a lot of paper scattered around the desk, and many furniture were covered with a layer of ash. The surrounding two households told the reporter that “the business in the second half of last year was not very good. The plastic sheets were around at the end of October. We have never seen their bosses come here during this period.â€
Then the reporter called the long-time home Ms. Yao phone several times, but they were all hung up. The reporter called her husband Mr. Qian several times, but no one answered. Subsequently, the reporter sent a text message to Ms. Yao, which clarified the identity of the reporter and asked about the situation. But as of last night's press release, the reporters have not been able to get a response from Ms. Yao and Mr. Qian.
Mall response
The responsible subject is not in the sixth space
Subsequently, the reporter accompanied Ms. Chen to the office of the Sixth Space Mall, after introducing the experience of Ms. Chen to the responsible person Mr. Wang. He said that Ms. Chen’s money for permanent home is privately collected by merchants. According to the uniform regulations of the mall, Ms. Chen’s payment should use the sales contract provided by the mall. Therefore, Ms. Chen’s experience is her and her long-term home. The subject of responsibility is not in the sixth space.
However, Mr. Wang told reporters that for the encounter of Ms. Chen, the sixth space is also assisting in handling. “Every time she comes, we are also communicating with each other (permanent home). But the responsibility of this transaction is not in our business. I also received our call, but I don’t pick it up now.†Mr. Wang suggested that Ms. Chen should sue as soon as possible for the unmanned operation of the permanent home. “We will respond to us if we are involved.†Mr. Wang’s response, Ms. Chen said, “I don’t think that the long-term home collection is not delivered. The sixth space, as the management of the mall, also has an unshirkable responsibility.â€
Lawyer
Merchants have constituted a fundamental breach of contract
At 3:00 pm on the 17th, the reporter contacted Guo Qingsong, a lawyer at Beijing Dacheng (Hefei) Law Firm. Regarding Ms. Chen’s experience, Mr. Guo believes that in terms of the legal relationship between the two parties, Ms. Chen and the merchant’s permanent home have formed a legal relationship between the contractual relationship (finished home) and contractual relationship (customized furniture), given the meaning of both parties. Really, the contract has been established and is legal and effective, and all parties should fulfill their obligations in accordance with the law and the contract. Considering that the current permanent home has constituted a breach of contract, Ms. Chen can both advocate that the merchants deliver the furniture as soon as possible and at the same time bear the losses caused by it, or that the merchant has constituted a fundamental breach of contract, cancel the contract and require the merchant to bear various defaults. responsibility.
At the same time, Mr. Guo believes that although the sixth space is used as a channel shopping mall, it is not a direct sales subject and does not directly assume the rights and obligations and responsibilities under the two parties. However, according to the provisions of Article 43 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, “when consumers purchase goods or receive services at a trade fair or rental counter, and their legitimate rights and interests are damaged, they may request the seller or the service provider. Compensation. After the expiration of the trade fair or the expiration of the counter lease, you can also claim compensation from the organizer of the trade fair and the renter of the counter. After the organizer of the trade fair and the lessor of the counter, he has the right to recover from the seller or the service provider. If the merchant withdraws after the expiration of the counter lease, according to the regulations, the consumer also has the right to directly claim compensation from the renter of the counter.
According to Mr. Wang, the person in charge of the sixth space, Ms. Chen’s payment is for private collection of merchants, and the responsibility for disputes between buyers and sellers is not in the sixth space. Mr. Guo said: In similar disputes, shopping malls generally refused to fulfill their liability for compensation by failing to comply with the provisions of the “unified cashier†and “unified contract†of the shopping mall. But in general, the business place said that "should use a unified sales contract" and other reasons, more is the internal regulations of the mall, and consumers directly pay the purchase price to the transaction subject of the sale contract, in line with legal requirements and trading practices, the mall This is a refusal to perform the payment obligation and does not have sufficient legal basis.
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