Is Children'S Clothing Market Selling Adult Clothes In Breach Of Contract?

"We are children's clothing market, but the market has sold those adults who sell adult clothes to sell, and we can't sell our children's clothes and occupy the market. The market should be responsible for our losses." in June 7th, Zhang Xinfeng, who had not opened the shop for three days, said at the door of his own shop on the third floor of the small Simon de Shi mall on Urumqi city.

There are 21 children's clothing dealers like Zhang Xinfeng. Because of the increasingly gloomy business, they ask the head of the mall to return the initial investment of 30 thousand yuan, which they paid at the beginning.

In June 7th, the author came to the De Shi mall in Xiao Simon, Urumqi. The shopping guide posted on the first floor of the mall was written on the one or two floor, the famous product bag, the three or four and five floor children's clothes.

On the third floor of the mall, the author also saw a shopping guide, which is different from the shopping guide posted on the first floor. Only the third floor is the famous brand children's clothing, and the four or five floor has changed to the leisure dress cowboy.

Why does a mall have two different shopping guides?

The shopping guide on the first floor is original, and the shopping guide on the third floor is only posted at the end of May this year, according to the manager of the mall.

On the third floor of the "famous children's clothing", I saw that most shops were locked, and only two of the shops were still operating in adult clothing, and more shops were carrying out shop decoration. Most of them were also adult clothes.

"You see, it is clearly the market for children's wear, but now we have to put adult clothes in. Do we confuse the market?"

Zhang Shu, the management of children's clothing, said to the author a book on the lease of the shop. On this April 11, 2008 contract, I saw that the contract period was 10 years, the contract margin was 10 thousand yuan, the use right fee was 20 thousand yuan, and the Party A on the contract was Xinjiang Yong Trading Co., Ltd.

The first clause of the contract reads: Party A will rent the three floor shop XX of the small Simon children's clothing wholesale market in Urumqi to Party B.

For Zhang Shu's business scope, in the "business undertaking" provided by the operators, they clearly wrote, "brand children's clothing wholesale and retail business".

According to the 21 children's clothing operators affected by this influence, from the beginning of May this year, the children's clothing market was being renovated and decorated. They asked for it. Most children's clothing operators had already pferred their shops to others. The pfer fees ranged from 3.5 yuan to 39 thousand yuan.

On the same floor, there are children's clothing and adult clothing, and the business is extremely bleak due to the decoration. Accordingly, the children's clothing operators think that the market is in breach of the contract, and ask the market to return the 30000 yuan that they paid at the time.

Children's clothing market sells adult clothing. Is there a breach in the market?

Prior to June 5th, 21 children's clothing operators failed to communicate with the market repeatedly. They chose to collectively close their doors, and hoped that the Xihe Street North community could come up with a coordinated solution to the problem. On that day, merchants and market participants had not reached an agreement on the refund.

At that time, Ke Jun, marketing manager of Xinjiang Yong Tian commerce and Marketing Co., said in an interview with the author, "who is in breach of contract?

According to the contract analysis, it is not time to say this. At present, there are children's clothing dealers pferring the shops to others, but after pferring what other people sell, it is the freedom of others, which is market economy after all.

In June 7th, under the coordination of Xinhua North Road Subdistrict Office, Liu Yun, the manager of the market, Xinjiang Yong Tian commerce and Trade Co., Ltd., and the merchants, conducted nearly an hour of consultation, and asked Liu Yun about the refund of their business, which will be resolved before the end of this month.