I paid the full price for the water heater, but the store didn't deliver it.
On the morning of 24th, the reporter met Mr. Lu in the department store near Jiatianxia Square. He said that on the night of 15, he and his wife went to the A.O. Smith counter in the mall and ordered a water heater. At that time, according to the price on the label, I paid the salesperson 5678 yuan, and the salesperson said that it would be delivered to your door the next day.
The list of delivery services provided by Mr. Lu shows that the 5,678 yuan he paid is the full amount of the goods, and the product model is JSQ3 1-QS. On the same day, Mr. Lu received a phone call from the salesperson shortly after he left the store after paying the money. On the phone, the other party said that the price was wrong. The original price of the goods is 8978 yuan, and he needs to make up the difference before delivery.
Mr. Lu said that if the price tag is wrong, he will have to pay more than 3,000 yuan to deliver the goods, which he certainly can't accept. So the next day, after the merchant didn't send the water heater to the door, he reflected the problem to the shopping mall, and the shopping mall said that it needed to communicate with the seller to solve the problem.
On 17, two salesmen contacted Mr. Lu and "claimed to send a water heater", but they didn't send a water heater that day. They just went to Mr. Lu's house with milk and small household appliances, which means they hope he can pay more than 3000 yuan to make up the difference.
"They said that if I don't make up the difference, I can only send me another water heater of more than 6,000 yuan." Mr. Lu said that he ordered JSQ3 1-QS, not other models, and the other party had a bad attitude, so he disagreed with the proposal put forward by the two, and the two sides broke up in discord.
On the same day, the reporter went to the A.O. Smith counter in the shopping mall. The reporter saw at the counter that the price tag on Mr. Lu's favorite water heater was 8978 yuan.
15 that night, the salesperson surnamed Chen, who sold the water heater to Mr. Lu, told the reporter that the store did not raise the price indiscriminately, but it did mark the wrong price. The salesperson surnamed Chen recalled that the label on Mr. Lu's favorite water heater was written by someone else. The price of that water heater is 8978 yuan. As a result, the person who wrote the label made a mistake and wrote a similar model of water heater. The price is (5678 yuan). When she opened the delivery note that day, she didn't care too much. She thought it was a similar model. After Mr. Lu left the store, she found that the price was wrong, so she quickly contacted Mr. Lu, hoping that he could make up the difference. When the other party didn't accept the telephone communication, she went to the other party's house with the leader on 17 to apologize, hoping that the two sides could coordinate well, but no agreement was reached.
The salesperson surnamed Chen said that she usually speaks loudly, but her attitude is not bad. After the company's education and criticism, she also realized her shortcomings in previous communication. At present, she is willing to make up the difference from her own pocket and arrange delivery for Mr. Lu as soon as possible. She also conveyed this meaning to Mr. Lu's wife on WeChat 19, but she never received a reply from the other party.
Regarding the invoice problem that Mr. Lu was concerned about, the salesperson surnamed Chen explained that there must be an invoice, and it was not given to Mr. Lu at that time. However, because she collected the money according to the price of the upcoming activity, the activity has not yet started, and the invoice and shopping list could not be opened, so she collected the money first, thinking about waiting for the activity to start before entering the order. At present, if Mr. Lu accepts this treatment, the store will make up an invoice for the other party, which is only the actual payment price (5678 yuan).
Lawyer: Consumers are not responsible for the mistakes of the merchants.
On the 24th, according to the model "JSQ3 1-QS" of the water heater on the delivery note, the reporter found that the price of this water heater on the e-commerce platform is indeed between 8,500 yuan and 8,900 yuan.
Tao Huang, a lawyer of Guangxi Wang Hao Law Firm, told the reporter that according to the relevant provisions of the Contract Law, the consumer paid the money after inquiring, and the merchant also issued a fine, which constituted a contractual relationship between the two parties. Since the bill shows that the consumer has paid the full amount and the delivery time has been agreed, the merchant should deliver the goods as agreed. As for the wrong label, the responsibility lies with the merchant. If the merchant has no evidence to prove that the consumer is at fault, the consumer does not need to bear any responsibility. Because the merchant can't deliver the goods on time, and the breach of contract comes first, consumers can ask the merchant for a refund, bear the liability for breach of contract or ask the merchant to compensate for economic losses.
On the same day, after another communication and coordination, Mr. Lu said that if the merchant can issue an invoice to ensure that there will be no problems after the sale, he is willing to accept the treatment plan proposed by the merchant and hopes that the merchant can deliver the goods to the door as soon as possible.