Although China’s consumer protection law has gone through 20 years, in October 2013, China’s top legislature also amended the Consumer Protection Law to strengthen consumer protection. But it seems that Chinese consumers still know very little about the elimination of the law, let alone use the elimination method to protect themselves. Consumer contracts seem to always be a blank piece of paper in the minds of consumers. This article is an article written by Odette Vella, Senior Information Officer, Consumer Affairs Office, Malta (Commonwealth Member State). Odette Vella suggested that when consumers purchase furniture products, when their legal rights are violated, they should use legal weapons to protect their legitimate interests.
Despite the different national conditions at home and abroad, Odette Vella's proposed golden rule of consumer rights protection is still an important reference for our domestic consumers! The following is the original text:
When we order or buy new furniture, we always encounter various problems. For example, an excessive deposit, the seller did not deliver on time before the delivery date, the furniture parts delivered were lost or damaged, and so on. In the above situation, we should be aware that our legitimate rights and interests have been violated. It is time to use the weapons of the law to protect our rights.
1. If the delivered furniture does not meet the agreement or commitment of the sales contract, the legal obligations of the seller are not fulfilled, and the seller fails to solve the problem in time, the consumer can request to cancel the contract and request a refund.
In order to prove that the delivered furniture does not match the sales agreement, first of all, we have to ensure that the order is complete in writing and contains a clear and orderly description of the goods. Another possibility is that the delivered furniture may be damaged or malfunction. If this happens, the seller is obligated to provide us with a solution.
In the event that we make a wrong purchase decision, loss due to improper use or loss due to failure to use the correct product instruction manual, the law cannot provide us with remedies, and normal wear and tear is not Within the scope of the law.
2. When there are hidden defects in the product, and this hidden defect is discovered within two years of product delivery, we still have the right to compensation , but it is important that we can remind the seller if we know the existence of this defect in advance. And claim compensation.
However, if there is no quality problem with the furniture product, we do not have the legal right to change it or return it to the seller. Therefore, when making a purchase decision, we should remember that once a decision is made and the deposit is paid, it cannot be changed at will.
3. When we order products using, for example, mail order, telephone or internet ordering, we can get a relatively long “cool thinking period†of 15 days, during which we have the right to cancel the sales contract. ( Online shopping in China is 7 days no reason to return.)
In the event that the furniture order is cancelled, in order to better protect our interests, we need to pay a minimum amount or a reasonable percentage of the total deposit. The higher the pre-deposit, the greater the power to resolve the problem quickly.
In addition, there will be various problems that will suddenly appear before the furniture is fully delivered to us. The ordered item is delayed or undeliverable, and the seller closes before the scheduled delivery. This happens, it is worse, the possibility of getting the deposit or receiving the furniture is less.
4. Before paying the deposit, we should remember that if the seller’s requested deposit is too high, it will need to be renegotiated. Once the deposit amount is agreed and paid, the seller is required to issue a receipt and list the deposit in the sales contract. This is especially important if the deposit is paid in cash.
In the sales contract, we should also clearly indicate the total amount of the payment, as well as the payment method. Make sure that the furniture is installed after the percentage of the total amount is paid and carefully check for defects or discrepancies with the sales contract.
5. Cases of late delivery often occur, so it is important to indicate the delivery date in the sales contract. If the seller does not follow this delivery date, we can ask to cancel the contract and request a refund. In this type of contract, there is also a clause that if the ordered furniture is not delivered on the agreed date, the deliverer will be fined until the order is delivered.
Such sales contracts usually require us to sign the terms and conditions of acceptance, and the consumer's responsibility is to carefully read and fully understand the contents of the contract.
6. In general, we should take a copy of the contract home and request it carefully before signing the contract. It should be borne in mind that the terms and conditions of such contract binding must be observed once they are signed.
The only exception is when there are unfair terms in the contract that attempt to damage our legal rights. Such clauses are illegal and even if we have signed, the seller cannot force us to comply. If we disagree with the contract, we should try to renegotiate or not accept it at all. The seller may be willing to accept our terms.
7. In any case, it is important to modify the sales contract and the seller to sign the changes.
(Compile: Blue)
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