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No. 2 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court?: Zhao Xiaohong v. Beijing Panam Furniture Co., Ltd. (Sales contract dispute)
最高人民法院公布10起维护消费者权益典型案例之二:赵晓红与北京泛美卓越家具有限责任公司买卖合同纠纷案
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No. 2 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court: Zhao Xiaohong v. Beijing Panam Furniture Co., Ltd. (Sales contract dispute) 最高人民法院公布10起维护消费者权益典型案例之二:赵晓红与北京泛美卓越家具有限责任公司买卖合同纠纷案
—It is a commercial fraud to sell board wood furniture as solid wood furniture, and the vendor shall assume the liability of “refund of price paid and damages in the amount of price paid.” ——板木材质家具作为实木家具出售构成商业欺诈,应承担“退一赔一”的责任
1. Basic Facts (一)基本案情
On October 1, 2010, Zhao Xiaohong purchased several pieces of furniture from Beijing Panam Furniture Co., Ltd. (hereinafter referred to as “Panam Company”) with a total price of 23,960 yuan. There were Chinese characters such as “birch,” “red birch from the U.S.,” and “walnut” marked by Panam Company on the furniture involved, and it was also stated in the furniture delivery note that the aforesaid furniture was made of “solid wood.” Zhao Xiaohong later found out that the furniture involved was made of board wood. Therefore, she filed a lawsuit with the People's Court of Chaoyang District, Beijing, claiming that the furniture should be returned and Panam Company should refund to her the price paid and pay her damages of 23,960 yuan. 2010年10月1日,赵晓红在北京泛美卓越家具有限责任公司(以下简称泛美公司)购买家具若干件,合计价款23960元。涉案家具上有该公司注明的“桦木”、“美国赤桦木”、“胡桃木”等字样,且家具送货单上加注了上述家具为“实木”。后赵晓红发现涉案家具材质为板木结合,遂诉至北京市朝阳区人民法院,请求退还涉案家具及货款等,并赔偿23960元。
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