Furniture is a bit of a smell, which is common for many consumers, and many families are living with a slight smell of formaldehyde. However, a furniture store in Yantai is not used to anything. In order to taste the furniture of the manufacturers, it started to sue in 2017 until the Spring Festival this year.
In the face of the final judgment of the Shandong Provincial High Court, although the case was still successful, the person in charge of the plaintiff "Yantai Sunshine Furniture Garden Co., Ltd." (hereinafter referred to as Sunshine Home) also expressed his disapproval. To continue to appeal to the Supreme Court, and to the media, only to get the due punishment for bad furniture companies.
1
The test is indeed "unqualified product"
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The ins and outs are not complicated: On January 9, 2017, Sunshine Home Furnishing and Shanghai Jiudian Furniture Co., Ltd. (hereinafter referred to as Jiudian Company) signed a "Contract for Franchised Store Operation and Sales". The two parties agreed to set up a “Jiu Dian Walnut V Shang Series Specialty Store†in the Sunshine Home Store.
In the next two months, Sunshine Home Furnishing completed the decoration of a 330-square-meter store, and paid a deposit of 50,000 yuan from Jiudian Company and a payment of 32,7296.5 yuan.
On March 6, some furniture of Jiudian Company was put on sale. Sunshine household staff found out that the furniture smelled too much during the exhibition, and instinctively exceeded the formaldehyde. Then, it was found that the furniture film had defects.
On April 14, Sunshine Furniture selected a "bedside cabinet" and sent it to the "National Furniture and Indoor Environmental Quality Supervision and Inspection Center", entrusting the center to test whether the physical properties of the furniture surface are qualified.
A month later, the test report showed that the surface of the furniture that was submitted for inspection was unqualified for the resistance to cigarette burning, and it was considered a substandard product.
2
The second trial "play 50 big boards each"
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It stands to reason that the matter is now settled. Negotiation to terminate the contract and return compensation can be done, there is nothing to blame. However, Jiudian did not agree to terminate the contract.
Is it reasonable to fail the product? Sunshine Home did not hesitate to sue Jiudian Company to the court. According to the legal jurisdiction, the case of the franchise contract dispute was tried by Linyi Intermediate People's Court.
During the court hearing, the authoritative testing agency "National Furniture Quality Supervision and Inspection Center" was again commissioned to test the bedside cabinet of the defendant Jiudian Company. The result was consistent with the first test, and it was still "unqualified product".
On March 27, 2018, the first instance of the Linyi Intermediate People's Court (2017 Lu 13 Minchu No. 286) ruled out that almost all supported the plaintiff's claims of the Sunshine Home, including termination of the contract, return of goods, compensation for decoration losses, etc.
Jiudian Company refused to accept and appealed. On February 1, 2019, the second trial of Shandong Provincial High Court (2018 Lumin Zhong No. 999) came out, in which it was believed that both parties were at fault for the termination of the contract. Ten thousand yuan.
3
Appealing to the Supreme Court
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Faced with such a judgment, the person in charge of Sunshine Furnishing was puzzled and aggrieved: products with unqualified quality were supposed to be mice crossing the street. It does n’t matter if the compensation is more or less, mainly for the sake of reason, but it can also be said in one breath.
It is understood that Sunshine Home is an old brand in Yantai for more than 20 years.
Currently, Sunshine Furniture is organizing materials and appealing to the Supreme People's Court. For the final direction of the case, big and small news will continue to pay attention.
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