Who is responsible for the risk of custom furniture consumption?

Recently, a foreign netizen posted a tragic encounter in a decoration forum. "I thought that choosing a custom furniture can make the home decoration more distinctive. Who knows that the product has quality disputes and cannot be installed. What is even more annoying is that the store is also because Is a custom product refused to return." Even if quality problems occur, custom products can not be returned? The reporter's investigation found that the brand stores all said that if quality problems occur to support the return, but because of the inability to resell, most of the recommendations are based on maintenance.

>>Case

Quality controversial customization is not returned

Recently, a foreign netizen posted in a decoration forum that he has customized seven sets of furniture such as wardrobes, cabinets and desks in a certain brand furniture store. On the spot, the plate is the E0 class dew water plate, the original goods and other conditions. However, the furniture finally enters the door in the form of bare semi-finished products, and there is a lot of dust, and the board has problems such as blasting, cracking, scratching, etc.; the cabinet has no countertops, and the skirting board has been deformed into a deformed shape. He later discovered that the brand store had been withdrawn from the store, and the furniture manufacturer stated that the product was not the original product. The store said that consumers can not prove that the furniture is fake, and because it is custom furniture can not be returned. After half a year has passed, the netizen’s furniture is still scattered, and the problem cannot be solved.

>>Lawyers' opinions

Netizens can claim from the store

Wang Shiping, a lawyer of Tongchuang Law Firm, analyzed the case of netizen "951668531zxl". He believes that if there is a quality problem in the custom furniture provided by the merchant, it is necessary to see whether the seller on the contract is a branch of the manufacturer or a distributor. The company, the manufacturer needs to be responsible for this problem. If it is a dealer, unless it causes personal or property damage, the manufacturer is generally not responsible for the products sold by the dealer. In addition, if the furniture is indeed not the original product, the manufacturer itself is the victim, and will not be responsible for the product, the consumer needs to contact the dealer for compensation.

In the case of the above case, the dealer has already withdrawn the dealer. The consumer can ask the dealer for the contact information of the dealer. If the store cannot provide it, according to Article 38 of the Consumer Protection Law of the People's Republic of China, the consumer can go to the store. Claims, the store must bear the responsibility it deserves.

Confirmation before signing

Can't you change the problem of custom furniture? Wang Shiping introduced that according to Article 148 of the Law on Sale and Purchase, “If the quality of the subject matter does not meet the quality requirements and the contractual purpose cannot be achieved, the buyer may refuse to accept the subject matter or terminate the contract. The buyer refuses to accept the contract. If the subject matter or the contract is terminated, the risk of damage or loss of the subject matter shall be borne by the seller. Simply put, it is not that the quality of the furniture may be returned, and only if there is a failure to achieve the contractual purpose, it can be returned. If the consumer confirms that the drawings are correct, and feels that there are defects in the design of the furniture, Wang Shiping said that under the premise that the products meet the relevant industry standards, the responsibility of this party is borne by the buyer, and the seller only has the obligation to remind.

And the words "customized products, not refundable" on the custom product contract are reasonable? Wang Shiping explained that the premise of “no refund or change” on the custom furniture contract is that there is no quality problem, which is reasonable because the special furniture can not be sold twice.

The lawyer reminds the consumers to try to choose the custom furniture of the big brand in the regular store. Pay attention to clearly indicate the color, size, plate used, hardware, delivery date, etc. of the furniture in the contract, in case the goods are not on the board, You can hold a contract to discuss the issue and avoid the problem of verbal agreement that cannot be traced.

>>Store saying

Can be returned but repaired

Regarding the return of custom furniture, Jinghua Home reporters consulted several large stores and furniture brands in Beijing.

Actually, the customer service said that if the customized products have serious quality problems, such as environmental failure, and the materials used in the contract are inconsistent, they can be returned. Since customized products can no longer be sold, maintenance is generally advocated to solve the problem. Jimei Home Service said that there were serious quality problems (such as severe deformation) returned within 90 days, but the customer service also mentioned that there will be no serious quality problems, mainly for maintenance adjustment.

If there are design flaws and installation problems? Jimei customer service said that if there is any inconsistency between the finished furniture and the drawings, the consumer can refuse, and the deposit can be refunded. If the consumer is not satisfied with the installation, the merchant will be responsible for the installation until satisfactory. Red Star Meikailong (microblogging) customer service mentioned that even if the customer feels that the custom furniture design is somewhat unreasonable, it will be processed after the signature is approved, so this is the responsibility of the consumer, the merchant is not responsible. If there is a situation that does not match the design, it may not be returned. The specific situation needs to be negotiated.

In addition, stores and custom furniture businesses such as Sophia wardrobes, Feimei furniture have said that if consumers believe that the release of harmful substances in furniture exceeds the standard, the test report of the nationally recognized testing organization must be issued, and the merchant will assume responsibility.