Mr. Li from Shijiazhuang bought a loft duplex house for his children. I thought that as soon as the decoration was completed, I would clean up and move in, but I had trouble with the customization of the furniture, and I can't move in until now.
Li Lining said that the contract he signed with the decoration company at that time was 72,000 yuan, including the decoration and all the customized sofas, beds, coffee tables and other furniture, but now that the decoration is completed, the furniture has not been delivered according to the agreed size, the 2.2-meter sofa has become 2.1 meters, and the 60-centimeter coffee table has become 70 centimeters. The reporter checked the contract and found that the word "gift" was written in front of these furniture. However, Mr. Li said that he did not pay attention to the word at the time.
Subsequently, the reporter came to the decoration company with Mr. Li, and in the face of the inquiry, the staff of Shijiazhuang Jiuhui Building Decoration Engineering Co., Ltd., who had docked with Mr. Li about the size of the furniture, denied that he had communicated with Mr. Li, no matter what he answered, he did not know, and said that he had a problem with the company's leaders.
After that, the reporter contacted the phone number of the designer of the decoration company, and she said that the furniture was given away, just to let the owner introduce more customers to the company, but the customer did not introduce, and the gift became bought by the owner. Now if Li Lining doesn't want it, he can send the furniture back to the company, and if he wants other sizes, pack the previous furniture and send it back, and give it to him when he has the size he wants.
There has always been a dispute between the two parties over whether the furniture is a giveaway, and Mr. Li feels that the company is not at all in the way of solving the problem. Subsequently, the reporter also reported the problem to the Market Supervision and Administration Institute, and they said that they would contact the merchant to solve the matter.
At the same time, regarding Mr. Li's situation, the reporter also consulted Gao Heping, a lawyer stationed in the Jishi Gang and the Lawyer Gang.
Jishi Gang Lawyer Gang Gang Settled Lawyer
Lawyer of Beijing Yingke (Shijiazhuang) Law Firm
High Peace
This problem should be implemented into the contract, if the customer believes that the decoration money contains furniture, you have to provide evidence to prove, if you have no evidence, then 72,000 is the corresponding contract, no agreement can not be counted, unless, the decoration company recognizes this matter. At the same time, the decoration company outside the decoration contract, and a single list of gifts, put these two things together, it can be understood that we pay for the decoration, but also enjoy the right to gift, access to these products, at this time this gift is a conditional gift, the gift must also meet the quality requirements, but also must meet the agreed size, specifications, if not, we have the right to ask for the gift of this side, you must change.
There is also a kind of gift that is, I saw it on the road, give us a small fan, this is a gift without any conditions, pure advertising, this kind of gift in principle, you can't find fault with its size, size, color, etc., so remind the majority of merchants and users, when we buy services and buy things, try to be clear in the contract, if it is not clear, it is easy to disagree on the understanding of the contract.
For consumers, when signing a contract, they should read the terms of the contract clearly, and if they are unclear, they must be raised on the spot to avoid causing trouble in the future. If there are special circumstances and cannot perform according to the agreement, they should also do a good job of communicating with consumers and sit down to negotiate a solution.
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