When the merchant defaults the goods and does not pay the deposit to the board, a detailed contract needs to be signed

Near the end of the year, disputes and complaints related to the small peak of home building materials sales have increased. Although many consumers have suffered a breach of contract by the merchant and the goods are out of order, they cannot respond to some compensation. The reporter learned that the "difficult to defend rights" is mostly due to consumers not paying a deposit or not signing a contract or the relevant details of the contract are not clear enough.

Relevant legal persons reminded that consumers must pay attention to the details of the contract when paying the deposit. If you are shopping online, it is best to go to the scene to see the real thing. If online payment is involved, it must be through a third-party payment platform such as Alipay.

Case 1: Three months after ordering, I was informed that it was out of stock

"I made a deposit three months ago and ordered this floor. When I was going to use it, the seller suddenly told me that I had no goods and said that I could not compensate me for a double deposit!" Mr. Li talked about his experience and Yu Nuwei Dispel.

Mr. Li introduced that last year he took a fancy wooden floor of a certain brand in a large furniture center in Pazhou, and paid a deposit of 900 yuan in early October last year, but the two parties did not mark the delivery time on the deposit order, only oral Agreed to deliver around 2011 Spring Festival. By the end of December last year, Mr. Li's house had been renovated by more than half. The floor manufacturer suddenly informed that the fancy floor was out of stock and could replace it with Mr. Li. But Mr. Li was not satisfied with the several floors they provided.

Mr. Li proposed to refund the deposit, and believed that according to the "Consumer Rights Protection Law", the store should compensate him another 900 yuan. The shop can only refund the deposit at a bite, because "out of stock is a problem of the warehouse, not the store."

process result

Mr. Li asked the Consumers Association to help negotiate while ordering floors for other brands. Unexpectedly, the floor manufacturer suddenly called Mr. Li a few days later, saying that the floor is available again. If you do not want the floor, you cannot refund the double deposit.

He said that at present the floor manufacturer has refunded the deposit to him, but the breach of the store is a fait accompli. Who is responsible for the lost work and mental loss caused by repeated returns?

Case 2: Receive unsuccessful goods and do not allow unpacking

Mr. Wu in Guangzhou has a similar experience. He bought a decoration door on a website and paid a down payment for the style at the scene. The door decoration company promised to install the package and deliver it to the door, and then received a call halfway to say no installation. A month later, the logistics notice arrived, and Mr. Wu went to see the goods. However, the door decoration company said that the packaging could not be opened, otherwise irresponsible problems would arise.

Mr. Wu said, "I think the surface is rough, and I worry about quality problems. I asked the company to notify the logistics to deliver the goods first." Is the basic principle.

process result

The final construction period of the decoration was approaching. Mr. Wu had no choice but to pay the balance, but the quality was very poor when the goods were unpacked and unpacked.

"Professional door-wearing masters say that these doors are rough in workmanship, cut corners very seriously, and have very bad quality. The solid wood doors are cracked and the paint is uneven. And the post-sale attitude is not good. If you do n’t want to bother about it, you should be dumb. "

expert:

The more detailed the more favorable contract rights

A teacher Liu from the School of Law of South China University of Technology stated that Mr. Li in Case 1 had difficulty in defending rights because of his verbal agreement. The parties may, according to the "Guarantee Law of the People's Republic of China" stipulate that one party shall pay a deposit to the other party as a guarantee of the creditor's rights. After the debtor has performed the debt, the deposit shall be offset against the price or recovered. If the party that pays the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; if the party that receives the deposit fails to perform the agreed debt, it shall return the deposit twice.

Case 2: Ms. Shen of Guangdong Xinyang Law Firm stated that if Mr. Wu had agreed with the merchant on the contract in details such as the product model, specifications, payment method, etc., later rights protection would be much more convenient.

Consumption reminder:

1. When paying a deposit, consumers must sign a deposit contract at the same time, indicating the purchased model, material, process, etc., and indicating which department should determine the responsibility and what happens if there is a conflict Calculate the breach of contract, how to compensate after breach of contract and so on.

2. To be clear about the difference between "deposit" and "deposit", the deposit refers to the money that the shopper paid for the reservation because they are afraid that the fancy goods cannot be bought, and does not guarantee the contract. When the payer does not want to buy, he has the right to request The merchant refunds the deposit, and the seller does not fulfill their obligations and does not have to compensate for the double deposit. The deposit is the guarantee money of the contract agreed by both parties. Whoever breaches the contract must bear the responsibility for compensation. When paying money, consumers must see whether the contract says "down payment" or "down payment".

3. If you want to buy home building materials through the Internet, it is best to personally go to the site to pay the deposit and sign the contract, if you transact through the Internet, you must use Alipay and other third-party payment platforms.
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