In October last year, in order to give a gift to a friend who moved to a new home, Mr. Ji purchased 14 pieces of mahogany furniture at a mahogany furniture store in Jinan Huangtai Home Plaza. These include 7 sofa sets, 2 top boxes, 3 large beds and 2 bookcases. "At the time they told me that it was mahogany."
On the collection and payment voucher provided by Mr. Ji, the product name column reads “East African rosewood sofa mahoganyâ€, “East African rosewood top box mahoganyâ€, “East African rosewood mahogany mahoganyâ€, “East African rosewood bookcase mahogany†".
Years ago, a friend in the furniture industry went to Mr. Ji’s house and told Mr. Ji to buy fake goods. Subsequently, Mr. Ji entrusted the Shandong Provincial Redwood Product Quality Supervision and Inspection Center to conduct an inspection, which is really not a redwood. On the three sample inspection reports issued by the Shandong Redwood Product Quality Supervision and Inspection Center, the reporter saw that the inspection conclusions were “the inspection block was not the national standard GB/T18107-2000 mahoganyâ€.
The national standard stipulates that the redwood is divided into "5 genera, 8 categories and 33 kinds of wood materials". At present, most of the redwoods are a class II timber. Domestically, such timber is strictly prohibited from being felled. Therefore, most of the domestic redwoods are from Southeast Asia, South America, North America, Africa and other places. import.
Mr. Ji believes that the seller’s behavior constitutes consumer fraud and should bear the punitive damages stipulated in the Consumer Protection Law.
At present, Mr. Ji has submitted a complaint to the People's Court of Tianqiao District of Jinan City, listing Huangtai Home Plaza and sellers as the first and second defendants. The court ordered the defendant to refund 105,000 yuan and requested the defendant to compensate the defendant for three times the amount of 315,000 yuan, totaling more than 400,000 yuan.
The seller said "Redwood" is added at the request of the consumer.
On February 24, the reporter came to the store where Mr. Ji bought furniture. The owner, Mr. Cao, said that the furniture purchased by Mr. Ji was indeed not a mahogany, and when Mr. Ji came to the store to buy, he clearly told that the furniture was not the national standard mahogany. "I was talking to him about the East African rosewood."
For the word "redwood" on the sales voucher, Mr. Cao introduced that it was not written at the time of checkout and was added at the request of the consumer. After the checkout was completed, Mr. Ji asked Mr. Cao to write the words “Redwood†on the grounds that the furniture was used to give people and face. So, Mr. Cao added the words "Redwood" as required.
"We did make mistakes in our work, but we are doing business honestly, not deceiving." Mr. Cao said, "He suddenly wants us to lose more than 300,000, we are also small business, so how can we afford it. â€
The sales certificate is clearly written with the word mahogany. Is the seller not selling fake? If it is a fake sale, is it not a consumer fraud?
Lawyer Chen Ruifu of Shandong Borui Law Firm told Qilu Evening News reporter that the words “Redwood†were written on the sales voucher, and the identified goods were not red wood quality. The seller was selling fakes, not how the word “红木†was written. .
If the consumer does not admit that the word "redwood" is written by the seller himself and the seller cannot prove it, then the judiciary will generally assume that the word "redwood" is voluntarily written by the seller.
If the price difference between true and false mahogany is large, consumer fraud cannot be identified.
Does the seller sell "fake goods" must be consumer fraud? Chen Ruifu does not think so. In the case of Mr. Ji’s purchase of mahogany, the key to determining whether to consume fraud is whether the market price difference between mahogany furniture and real mahogany purchased by Mr. Ji is large.
"Redwood furniture is a relatively high-value commodity. According to common sense, consumers will understand the commodity and market price before buying." Chen Ruifu said that if the price difference between the seller's goods and the genuine market price is small, then the judicial judgment will be more inclined. I think the seller is a consumer fraud.
If the seller sells fakes far below the genuine market price, then the judicial judgment will be more inclined to think that the consumer knows the fake, the seller is at fault, but it should not be considered fraud.
The reporter learned from a company that has been engaged in the customization of mahogany furniture for a long time. Take the cheaper Burmese rosewood and chicken wing wood in the national standard mahogany. For example, a set of sofas and eight tea sets is about 40,000 yuan. This is a small difference between the price of 34,000 sets of sofa sets that Mr. Ji bought for the sofa set.
A set of mahogany beds of Burmese rosewood or wenge wood, relatively cheap at 30,000 yuan and 40 yuan, and the total price of 3 mahogany beds bought by Mr. Ji is 21,000 yuan, which is obviously lower than the market price.
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