Ten thousand yuan design fee can't be collected.
According to Ms. Zhou, just at the beginning of 20 13, she and her lover went to Zhuang Jie Company in Si Qian, Hunan Province to consult about Zhuang Jie. After some understanding, they decided to sign a renovation contract and pay the design fee 10000 yuan twice. Subsequently, Ms. Zhou found a series of problems in the process of confirming the decoration budget funds with the other party. She cited examples in her post. For example, if the budget is opaque, you need to sign a construction contract and pay 60% of the budget amount before you can provide a spreadsheet or paper version of the budget table; What's more, increase budget items and amounts at will. For the approved budget items, without telling us, change the budget amount for three times, for example, change the stairs from 1 10,000 to10.2 million, and then to10.4 million? .
Ms. Zhou's reasonable appeal was not adopted, so she decided to give up home improvement and demanded that renovation contract be dissolved and the design fee paid before be returned 1 000 yuan. However, Si Qian Jiazhuang said that the decoration design drawings have been designed, and the design fees paid before will not be refunded. The renovation contract signed by both parties also agreed on this. Ms. Zhou retorted? Knowing that there are traps and overlord clauses ahead, you can only ask to terminate the contract and safeguard your rights and interests! ?
Lawyer's help: some fees can be refunded according to the facts.
So is Ms. Zhou's refund request reasonable? Zhang Jing, a lawyer of Red Net Linkage and Hunan Renhe Law Firm, commented that according to the relevant provisions of the Contract Law, if there are unreasonable and unequal clauses in the unilaterally formulated format contract, if one party raises an objection and the other party does not correct it, it can bring a lawsuit to the court to terminate the contract. ? After the termination of the contract, the design fees paid by netizens shall be deducted by the decoration company according to the actual expenses, and the remaining fees shall be refunded. ?
In this regard, Ms. Zhou specifically consulted the Hunan Interior Decoration Industry Association. The staff said that both parties can negotiate to refund part of the fees.
Si Qian Jia Zhuang retorted that the design drawings have costs.
201On the morning of March 28th, the reporter from Red Net accompanied Ms. Zhou to Hunan Home Decoration Company. Regarding the customer's request for refund of the design fee, Ms. Wang, the person in charge of the company, said that there is indeed a problem of poor communication with Ms. Zhou in the budget and other links. We can understand the request to cancel the contract, but the design fee of 1 0,000 yuan cannot be fully refunded. ? She explained that the designer of the company designed the drawings for Ms. Zhou's house. Although Ms. Zhou didn't use the venue, the company's designers, cartographers and customer service staff all worked hard, and these labor costs must be borne by the company.
Ms. Wang listed the specific bill design of 3,000 yuan, construction drawing 1000 yuan, 3D 1500 yuan, budget of 400 yuan and customer service of 200 yuan. ? Now the customer wants to terminate the contract, and this part of the cost can only be deducted from the design fee. Therefore, we can only refund 3900 yuan at most. ? However, Ms. Zhou thinks that the deduction is lack of corresponding actual evidence, and the amount of deduction is too high, so she is not satisfied with this refund scheme.
The two sides failed to negotiate, and Ms. Zhou said that she would continue to defend her rights through other channels.