Changzhou Furniture 's go home in Changzhou Station spent more than 1.35 million yuan to buy a full house of mahogany furniture. Originally, it hoped to add luster to the new house. I did not expect that it was a knockoff product. After the first instance and the second instance, Changzhou Intermediate People’s Court recently issued a final judgment: sellers refunded 1.35 million yuan of consumer goods, paid compensation of more than 4.05 million yuan, and sold the home’s plaza to the seller’s return. The compensation payable bears the joint discharge liability.
    The 1.35 million mahogany furniture was actually a "cottage" cargo
Citizen Liu has always had "compassion" in mahogany furniture. In May 2014, he booked Changzhou mahogany furniture valued at approximately RMB 1.35 million at a well-known mahogany brand showroom in a home plaza in Changzhou , including Qing-style tables, sofas, and chairs. On November 6th of that year, after Mr. Liu paid off the full payment, the exhibition hall sent the first Qing-style dining table to Mr. Liu’s home. After the table was placed at home, Mr. Liu seemed to see it, and he always felt that the furniture lacked charm and caused doubts. So, on June 6, 2015, he signed a supplementary agreement with Wu, the showroom operator. One of them was Wu's guarantee that the furniture sold was a product of the well-known brand. At the same time, Wu promised to replace the Qing-style table before.
However, after the signing of the supplementary agreement, Wu's promise was simply a bad check – not only did the table not be exchanged, but the furniture sent one after another was also unreliable. In the end, there was a case in point: The authorized brand's authorization to Wu had been terminated a few years ago. Wu's alleged infringement of the well-known mahogany brand was revealed and reported by the media. When Liu heard the news that he had come to the door, he learned that the goods sent to him by Wu actually came from other factories.
In December 2016, Mr. Liu filed a lawsuit with the court of first instance, arguing that Wu had fraudulently demanded that he withdraw one compensation, and that the home plaza should assume joint and several liability for repayment.
    The court of first instance found that the operator was fraudulent and should pay back one for three.
The court of first instance believes that if a business operator provides fraudulent acts in the provision of goods or services, it shall increase the amount of compensation for the losses suffered by the operator in accordance with the requirements of the consumer, and increase the amount of compensation by three times the purchase price of the goods or the cost of receiving services. The "Determined/Sale List" signed by both parties clarifies that the supplier is a "well-known mahogany brand" and has stamped the brand's seal. The "Supplemental Agreement" clarified that the size and style of the goods delivered by Wu Mou was not consistent with the requirement that Wu ensure that the transshipment goods brand was the famous mahogany brand; secondly, both Mr. Liu and Wu's telephone recordings were recognized by Wu. The non-famous brand furniture was sold as a counterfeit and Mr. Liu expressed regret. It can be seen that the transactions between Mr. Wu and Mr. Liu constitute fraud.
As to whether or not the home plaza should bear responsibility, according to Article 43 of the Consumer Law, if consumers purchase goods or receive services at trade fairs or rental counters, their legitimate rights and interests are compromised, they can request from sellers or service providers. Compensation. After the expo is over or after the expiry of the counter, the organizer of the trade fair and the lessor of the counter can also claim compensation. The organizer of the exhibition and the renter of the counter have the right to claim compensation from the seller or the service provider after compensation.
When Mr. Liu filed a lawsuit, the rental contract for the home plaza and the mahogany showroom had expired. The mahogany exhibition hall also cancelled individual business registration. Therefore, Mr. Liu can also claim compensation from the home plaza.
Accordingly, in August last year, the court of first instance made a judgment: Wu returned $1.35 million in consumer money, and paid compensation of more than RMB 405 million; the home plaza bears joint claims for the above-mentioned payment and compensation payable by the seller. responsibility.
    The court of second instance considers that home plaza is not responsible for joint liability
To take responsibility for this large sum of money, the home plaza is full of grievances and incomprehension, and appealed to the Changzhou Intermediate People's Court.
The Municipal Intermediate People’s Court believes that the business model of the home plaza is to introduce various brands of furniture and building materials in the form of investment promotion, provide sales platforms, and conduct unified management of branded merchants. Therefore, the home plaza has access to the shopping malls to enter the inspection obligations, the transaction occurred when the mahogany company's authorization has been terminated, home plaza negligence of this review. Secondly, Home Plaza publicizes its company’s responsibility for the quality of goods sold on commercial premises. Now that the fraud of the business has been confirmed, it can be seen that for the products in the mall's showroom, the home plaza cannot be strictly controlled to ensure the quality of the brand. There is no factual or legal basis for the appeal of the Home Plaza. It cannot be established according to law.
Recently, the Municipal Intermediate People's Court made a final judgment: dismissed the appeal and upheld the original verdict.
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