On August 1st, Ms. Zhang went to the Bozhou Consumers Association to complain that she had customized a set of cabinets in the “European†kitchen in Xingle Square in mid-June. At that time, she paid a deposit of 1,000 yuan. The master made measurements at home and budgeted around 10,000 yuan to complete all the requirements.
After half a month, the merchant suddenly called to pay 16900 yuan before signing the agreement and rendering the effect. Ms. Zhang thinks that it is unreasonable. She has to find a business to communicate with him several times. After the consultation fails, she will go to the Consumers Association to complain, and she will not be allowed to make it and return the deposit.
After receiving the complaint, the Bozhou Consumers Association learned that the investigation and investigation revealed that Ms. Zhang’s complaint was basically true. The merchant believes that the cancellation of the customized cabinet can be, but the deposit is Ms. Zhang voluntarily handed over after listening to the product introduction, it is impossible to return.
Consumers Association believes that: First, China’s deposit is a form of guarantee for debts in the Guarantee Law. It is one of the forms of liability for breach of contract in the Contract Law. It is a normative legal concept, and the parties to the contract ensure the contract. A form of guarantee voluntarily agreed upon by the performance, when signing the contract, the deposit must be agreed in writing, and the amount of the deposit and the time limit for delivery should also be agreed, but in this case, although Ms. Zhang has paid the deposit, Just stated in the receipt that no written agreement was signed. Second, the merchant did not contact Ms. Zhang in time after the measurement, and told him to pay 16,900 yuan. Article 8 of Chapter 2 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests stipulates that: consumers have certain rights to know the right to know the goods they buy or use or to accept the true conditions of the service. After the mediation, the two parties reached an agreement: to terminate the cabinets customized by Ms. Zhang, deducting the labor cost of the field measurement fee of 300 yuan, and refunding the deposit of 700 yuan, the consumers expressed satisfaction.
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