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Public Wu spent 60,000 yuan to buy Pocket Spring Assembly Machine but did not receive the goods, let him depressed is that shopping malls and specialty stores are blame, are the money so fills? Yesterday, the reporter learned from the Los Angeles court, the The court ruling, the mall must return the money to Xiao Wu. Public Wu spent 60,000 yuan to buy Pocket Spring Assembly Machine but did not receive the goods, let him depressed is that shopping malls and specialty stores are blame, are the money so fills? Yesterday, the reporter learned from the Los Angeles court, the The court ruling, the mall must return the money to Xiao Wu. Cause: buy Pocket Spring Assembly Machine to the mall has not received goods Xiao Wu to Luojiang District, a well-known building materials stores (hereinafter referred to as shopping malls) to buy Pocket Spring Assembly Machine, selected, he operated in the mall Zhang brand B stores (hereinafter referred to as stores) Bought Pocket Spring Assembly Machine such as tables and chairs, and signed an order form, the two sides of the purchase price of goods, the number of varieties of Pocket Spring Assembly Machine, agreed on the spot by POS card Xiao Wu payment of payment 60,000 yuan. After payment, Xiao Wu has not received Pocket Spring Assembly Machine, he had to find the mall asked what, but the mall and store neither delivery nor refund. In desperation, Xiao Wu as the plaintiff, the mall and Zhang prosecuted to the court, asking both parties to return the payment of 60,000 yuan and interest losses.
Defendant: No sale denied receipt of payment In court, the mall said Xiao signed the purchase order and POS machine purchase orders, does not mean that he bought Pocket Spring Assembly Machine in the mall, the mall did not receive payment, nor with Xiaowu Signed a sales contract. There is a rental contract between the mall and Xiao Zhang, Xiao Wu and Xiao Zhang, even if there is the relationship between the sale and purchase, but also has nothing to do with the mall, the mall should not be held responsible. Small claims, there is no contract between Xiao Wu and the sale of the contract, according to the provisions of shopping malls, Xiao Wu should sign a formal sales contract with the mall, and pay the cash register to pay the mall, however, Xiao Wu order form is not stamped Shopping malls dedicated seal, only affixed to the mall B brand service seal, which does not meet the requirements, and did not receive payment, should not be held responsible. Court: the sale of legitimate and effective mall breach of a refund after the court, the court held that Xiao Wu as consumers to the mall consumption through consultation, the two sides through the selected goods, credit card payment, sign purchase orders, to confirm receipt of money, to confirm the seal to identify The sale and purchase relationship can be regarded as the establishment and effective of the contract of sale. Shopping malls and consumers trading relationship, although the seal on the purchase order is reflected in the mall B brand service chapter, but the mall in the daily sales also use the seal, it knows and the default business use of the seal, you can determine the contract of sale of the other party Department store.
Although the mall has a lease contract relationship with Xiao Zhang, but it belongs to the internal leasing relationship, can not fight a third party, consumers are not clear whether the goods they purchase belong to the business or shopping malls, and in the case there is no evidence that Xiao Zhang The counterparty to the sale contract. The mall did not fulfill its obligation to deliver goods and did not advocate the continued performance of the contract, and Xiao Wu has purchased Pocket Spring Assembly Machine in other shopping malls, shopping malls have constituted a fundamental breach of contract, the purpose of the contract can not be achieved, the sale contract with the statutory lifting conditions, the court has to determine the mall must Return the payment and pay the appropriate interest to Xiao Wu. Judge analysis: What is the relationship between shopping malls and stores Consumers can not know It is reported that most of the current home building materials shopping malls, department stores unified shopping malls, unified management, unified cashier, Xianxingpeifu business model. Consumers in the mall consumption, mainly based on the trust of the mall brand, both in service or in price. In this case, Xiao Wu, based on the influence of shopping mall brands, went to the mall to buy Pocket Spring Assembly Machine, which only knew that the product was sold by the mall. It could not distinguish the relationship between the mall and Xiao Zhang, and could not know the internal management of the mall Relevant provisions, and the mall's internal regulations can not fight consumers. Under such circumstances, Xiao Wu demands shopping malls to return the money and pay interest demands, according to law, should be supported. In addition, the mall is to prohibit over-the-counter trading, after the implementation of a unified cashier, consumers pay Xianxingpeifu. However, in reality, there are also many businesses and consumers doing over-the-counter transactions. In this case, in addition to the store's notices, the mall should also try its best to eliminate over-the-counter transactions through more stringent management measures and more stringent punitive measures. (Source: Quanzhou Evening News)
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