Promise fake one pays ten , the result is really fake!Does the merchant have to pay 10 times the co

Mondo Social Updated on 2024-01-30

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In the past year, the frequency of "Made in Guangdong, fake one pays ten" in the ceramic industry is relatively high, and it has also triggered heated discussions in the ceramic industry. If the merchant promises that its tiles are "made in Guangdong, fake one pays ten", and the result is proved to be "not made in Guangdong", does the merchant need to compensate 10 times according to the promise?

Some legal people believe that if the operator himself promises to "pay 10 for 10 for falsehood", it will be regarded as a unilateral promise and has legal effect, and once the false publicity is inconsistent with the facts, it should be compensated in accordance with the standard of "10 for 10 for false" promised.

However, recently, ** disclosed a real case about the furniture business's promise of "fake one pays ten":

According to "Yangtze River **" on December 11**, recently, Wang Jianxin, president of the Jiangxia District Court of Wuhan City, disclosed a real case of "fake one pay ten" with a case interpretation of the law.

Two years ago, Mr. Liu, a citizen, bought it in the furniture cityA set of furniture, including a sofa, dining table and chairs, coffee table, TV cabinet, bed, etc., a total of 260,000 yuan. When purchasing, the store claimed that the main material of this set of furniture was small ebony wood, and the auxiliary material was pine, which was genuine, and "fake one pays ten".

In the first half of 2022, the furniture was delivered to Mr. Liu's house one after anotherHe found that the quality of the coffee table, TV cabinet and exhibits sent at the end was quite different, and the main material panel was made of wood core board, which did not match the store's promise, so he found the store theory, and sued the court after no result, requiring the store to return the coffee table and TV cabinet as promised and give 10 times the compensation.

During the trial, Mr. Liu claimed that the main material of this set of furniture was small ebony wood, but in fact, there were very few materials, only in the "face", among which the coffee table and TV cabinet not only used a large area of wood core board, but also the style and workmanship were also very different from the exhibits.

Image display ** irrelevant stores argue that the main material in the industry refers to the material used to "see the face". After investigation, the presiding judge Ye Yonghao found that although the store claimed that the main material of the whole set of furniture was small ebony wood when selling furniture, the two parties did not explain its distribution ratio, and it was difficult to determine whether there was fraud. In the market, pure solid wood furniture is higher, and Liu is 260,000 yuan to buy a full set of furniture, ** is relatively reasonable. In the lawsuit, Mr. Liu also said that the whole set of furniture was personally selected by him, and no quality problems were found after use, and he only had objections to the quality of the coffee table and TV cabinet.

According to the law, although the store promised to "pay 10 for 10 for fake", "10 for 10 for fake" is mainly applicable to food safety issues, and "3 for 10 for fake" is applicable to fraud by operators.

Considering that the furniture had been used by Mr. Liu for a period of time, in order to avoid unnecessary conflicts between the two parties due to the return of goods, the court initiated a mediation procedure. Based on the demands of both parties, the judge proposed three sets of solutions: first, the store refunded the coffee table and TV cabinet according to the "false one compensation three";The second is the return of a full set of furniture;Third, the store compensated Mr. Liu 3,000 yuan and exempted the cost of furniture delivery and installation. After mediation, the two parties reached an agreement to continue to perform the contract, and the merchant compensated Mr. Liu 3,000 yuan.

End of text).

Image display **Unrelated

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