Supplemental environmental protection clause stipulates 3 times compensation

On October 12, consumer Hu Xinmin claimed 22,800 yuan from IKEA Industry Co., Ltd. The reason is that the contract between the two parties stipulates: "After the cabinet is installed, the provincial indoor air environment testing center will pass the test, and the unqualified will compensate 3 times the payment." The data given in the test report shows that the TVOC project exceeds the standard.

According to Hu Xinmin, at the beginning, the concept of multiple compensation was still proposed by the sales staff of IKEA Industrial Co., Ltd. Two months ago, Hu Xinmin's family came to Xiyingmen Building Materials Mall on Fusheng Road to buy cabinets. The Hu family just added a new man, and Hu Xinmin hugged a little nephew, just full moon. Taking into account the health of his daughter and nephew, Hu Xinmin is particularly concerned about whether the cabinets are environmentally friendly.

"Not environmentally friendly, pay 10 times." The sales staff of the gold cabinet Xiying store said. For this "guarantee ticket", Hu Xinmin paid 7595 yuan and ordered a set of gold cabinets produced by Xiamen Jianpan Wei Cabinet Co., Ltd. Finally, in the format contract provided by the merchant, Hu Xinmin also requested to add a clause, "Ensure environmental protection, and the provincial indoor air environment testing center will pass the test, and if it fails, it will compensate 3 times the payment."

In Hu Xinmin's view, there is not much difference between 3 times and 10 times. The main reason is that the cabinet installation will not bring about air pollution, and the relatives in the family are in good health.

The test report determined that the TVOC project exceeded the standard

On September 25, the merchant sent someone to install the cabinets. On October 8, Hu Xinmin entrusted the Provincial Environmental Monitoring Center Station Indoor Environmental Monitoring Center to monitor the kitchen with cabinets installed according to the National Indoor Air Quality Standards. In accordance with established practice, kitchen doors and windows have been closed for more than 12 hours during testing.

The test items include "formaldehyde, TVOC", the monitoring results show that formaldehyde is 0.1 mg / m3, which has just reached the evaluation standard, while TVOC is 1.01 mg / m3, and the evaluation standard is 0.6 mg / m3, which has clearly exceeded the standard. The above detection values ​​are deducted from the synchronously measured outdoor air corresponding environmental background values.

According to the staff of the monitoring center, TVOC is one of the three types of pollution that affects indoor air quality. TVOC can exist in the air in the form of evaporation at room temperature, which can cause imbalance of the body's immune level, affect the function of the central nervous system, and cause dizziness, headache, drowsiness, weakness, chest tightness and other conscious symptoms; it may also affect the digestive system, and loss of appetite Nausea, etc. In severe cases, it can damage the liver and the hematopoietic system and cause allergies.

The plans for her daughter and little nephew to move into the new house were forced to be postponed, which made Hu Xinmin very depressed. On October 12, holding the inspection report and the order contract, he made a claim to the gold cabinet Xiying Store.

Merchants claim that consumers were "misleading" to sign a treaty

For the order contract signed and sealed by both parties, the gold cabinet Xiying Store disagreed. On the same day, Lei Dan, the salesperson who received Hu Xinmin, said that the terms of the three-fold compensation were supplemented by consumers' repeated requests and were not completely voluntary. She believes that it is the negligence of her work that has left an opportunity for consumer claims.

The same view as the sales staff, there is the management of the gold cabinet Xiying store. Executive Director Wu Xiaoqin said that the company can ensure that cabinets meet the relevant environmental standards, but it is limited to cabinet parts, not the air pollution that consumers refer to. She believes that the kitchen in the consumer's home is laid with ceramic tiles and installed with a suspended ceiling. All of the above factors may affect the air quality in the kitchen. She believes that when consumers sign a contract, they deliberately "mislead" the salesperson and write the claim clause on the contract.

At the time when the two sides were arguing, there was a "change" on the official website of the gold cabinet. The website's quality proposition column lists ten major propositions including low-carbon and environmental protection. However, after the above incident, there is another line of warm reminder under the quality proposition column: "Gold cabinet cabinet trademark holder-Xiamen, Fujian Jianpan Weichu Co., Ltd. will gradually realize all the quality propositions advocated through technology introduction and self-development strategy! The ten quality propositions shown above are for reference only, and are not used as existing product evaluation standards. Notice, the company has the final interpretation! "

Careful Hu Xinmin discovered the above changes. In his view, the merchant's move is undoubtedly "reasoning with guilty conscience and making up for it." In this regard, Wu Xiaoqin believes that the original intention of the warm reminder is to tell consumers that online publicity is for reference only, and ultimately has to pass physical identification. So, is there any connection between the TVOC project exceeding the standard and the gold cabinet? Wu Xiaoqin's answer was: "It's hard to say."

Attorney: "Protest against claims" lacks evidence support

Regarding the various claims of merchants for refusing compensation, Xia Yang, a lawyer of Jiangxi Huagan Law Firm, believes that according to the principle of "who claims and who gives evidence", the merchants claim that they lack the relevant evidence to support them. Sign supplementary terms under the customer's "misleading"? So is there really a situation that violates the true meaning? The gold cabinet Xiying store did not come up with evidence. Air pollution exceeding the standard is caused by factors other than cabinets, and this claim is also not supported by evidence.

Xia Yang pointed out that the test report issued by the indoor environmental monitoring center already has evidence validity. If the relevant evidence cannot be refuted, the gold cabinet Xiying store should be compensated three times according to the contract, otherwise it lacks basic integrity.

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TVOC: The full English name is TotalVolatileOrganicCom-pounds, the Chinese name is total volatile organic compounds. Mainly from fuel combustion and transportation, construction, decorative materials, cleaning agents and human body emissions. In the interior decoration process, VOC mainly comes from paints, coatings and adhesives. Its toxicity, irritation, carcinogenicity and special odor will affect the skin and mucous membranes and cause acute damage to the human body.

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