Chengdu women bought sofas for six years before picking up the goods, and the merchants paid 30,000 storage fees.
Why is it so uncomfortable to buy a comfortable sofa?
Sofa is an essential leisure and relaxation furniture. Such a thing was originally for comfort, but it happened to be in trouble.
One is to extract the sofa bought six years ago, and the merchant gives a storage fee of more than 30,000 yuan; One is the sofa that I fancy the day before, and I paid for it. The next day, the merchant called and said that the price was marked wrong, so I had to make up the money … …
In 2010, Ms. Yang, a citizen of Chengdu, bought a set of sofas in Bainian Home Plaza. Because her house was leaking at that time, she decided not to let the merchants deliver the goods for the time being. A few years passed, and in May this year, when Ms. Yang was decorating another suite, she remembered this sofa that had not been delivered. But when she contacted the merchant to deliver the goods, she was told that she had to pay more than 30,000 yuan in inventory late fees. This made Ms. Yang very puzzled: "I didn’t see where the goods were, and where did the inventory late payment fee come from?"
The inventory late payment fee in Ms. Yang’s mouth is actually a storage fee that needs to be paid for overdue delivery. The sofa merchant said that this fee is charged according to the "five thousandths of the order amount" indicated on the order.
Customer: after 6 years, the delivery will be made, and the merchant will pay a storage fee of 30 thousand yuan.
In January 2010, Ms. Yang bought a set of 7,020 yuan sofas at Gujia Furniture of Kehua Store in Haobainian Home Plaza, and paid a deposit of 3,500 yuan three times on January 17, 2010 and November 14, 2011 respectively. The delivery and delivery time agreed in the order form is December 2012. "In 2012, when they called to prepare for delivery, my house was leaking, so we asked them not to deliver it for the time being." Ms. Yang said that at that time, the problem of water leakage in the renovation of old houses was not solved, so the delivery was delayed. After that, the merchants have never contacted them.
After more than three years, Ms. Yang bought another suite. Until the beginning of May this year, she remembered that the sofa she had bought before had not been delivered, so she called the merchant to ask for delivery to the new house. "At first, because I didn’t find the order, the merchant refused to inquire and deliver the goods." In desperation, Ms. Yang and her mother searched around and finally found the order form at that time last week and found the merchant again. "Through the order form, after the merchant inquired, he said that the goods had been delivered and that the sofa we wanted had long been out of stock." Ms. Yang is very puzzled. The balance has not been paid, and we have not received the goods. How can it be "delivered"?
Therefore, Ms. Yang asked the merchant to refund the money, but she was rejected. Subsequently, she called 12315 to make a complaint. After that, the merchant told her that the sofa was available, but she needed to settle the balance and pay the storage fee of more than 30,000 yuan generated in recent years. After learning this result, Ms. Yang was very angry. "They don’t have any goods. Where did they get the storage fee?"
Ms. Yang said that now she doesn’t want a sofa any more, just want to get the deposit back. "If the negotiation is not good, the next step is not to rule out prosecution through legal channels."
Merchant: The storage fee is calculated by the day according to the agreement in the order.
On the afternoon of May 30th, the reporter from Chengdu Business Daily came to Gujia Furniture Store where Ms. Yang bought the sofa. Chen Dexue, the salesperson in charge of assisting in handling this matter, said that because the customer did not take the initiative to contact the merchant for delivery, there was no contact without knowing when the customer needed the goods. Regarding the existence of the goods that Ms. Yang suspected, Chen Dexue explained that the initial inquiry that the sofa purchased by Ms. Yang had been delivered was caused by a system error. Later, it was confirmed by the company headquarters that there was no delivery, so she proposed to Ms. Yang to settle the balance and deliver the goods.
"But Ms. Yang’s family disagreed and asked for a refund." Chen Dexue said that when Ms. Yang paid the deposit, the merchant had already placed an order for the production of sofas with the manufacturer, and it has been kept in the warehouse at present. Because Ms. Yang has not picked up the goods for a long time, it is possible that this sofa will be moved to other customers halfway, but considering that Ms. Yang may ask for a sofa at any time, she will replenish this sofa in the warehouse in time.
Then, Chen Dexue showed the reporter a copy of Ms. Yang’s purchase order, which clearly stated that the sofa was a special commodity and would not be returned or exchanged. As for the storage fee of more than 30,000 yuan mentioned by Ms. Yang, the company only collects it according to the order. "The order clearly indicates that the balance will be paid before delivery. If the goods are not delivered within two weeks, the storage fee will be charged at five thousandths of the total order."
Chen Dexue said that since the order did not specify whether the five thousandths of the fee was calculated by day, month or year, the company informed him to calculate by day first, so that the delivery should be made in December 2012 according to the agreement, so from 2013 until now, the accumulated "storage fee" was about 30,000 yuan.
12315: If the coordination is unsuccessful, judicial channels can be taken.
Subsequently, the Chengdu Business Daily reporter found the market supervision office of the sub-district office of the South Railway Station. The staff member Cai Yun told the reporter that she had just taken over the 12315 complaint incident that day. Last week, relevant personnel had mediated Ms. Yang’s mother and representatives of Gujia Furniture, but the mediation was not successful. If the final mediation is unsuccessful, it is suggested that both parties can apply for arbitration or bring a lawsuit to the court.
Lawyer’s statement
Should the storage fee be charged?
How much should I charge?
It takes six years for the order to be delivered. Should the merchant charge a storage fee? In this regard, Chengdu Business Daily reporter interviewed relevant lawyers.
Liu Xiu, a lawyer of Taihetai Law Firm, said that Ms. Yang’s purchase order is equivalent to a sales contract. According to the agreement in the order, it is reasonable for the merchant to ask the customer to pay the storage fee. Since there is no agreed time, it should usually be calculated based on the order amount. That is to say, five thousandths of 7020 yuan, or 35.1 yuan, is charged as the storage fee. If the storage time is long, resulting in higher costs, the merchant can file a lawsuit with the court to increase the storage fee.
Liu Xiu said that Ms. Yang did not settle the balance within the agreed time, and it was a breach of contract to fail to deliver the goods within the time limit, and the merchant did not breach the contract, so she could not return the deposit.
Bi Mingxiong, a lawyer of Sichuan Ruiding Law Firm, said that merchants should not charge storage fees. He believes that the goods purchased by Ms. Yang belong to ordinary furniture, not customized furniture with special requirements. The ownership of the goods has not been transferred before handover, and it still belongs to the merchant. Therefore, despite the agreement in the order, the storage fee should not be charged. Even if you want to accept it, you can only accept five thousandths of the order amount. "The order doesn’t say how much it is per day, and the literal meaning is very clear. All storage fees should be only five thousandths of the order amount."
Chengdu Business Daily reporter Zhang Zhaoting