"Double Eleven" is here, is your ding gold okay?
This year's "Double Eleven" event has been launched, and many people are dazzled by countless products, unintelligible rules, and unintelligible discounts.
Do you want to pay the deposit?
What is the difference between deposit and deposit?
Can discounted goods be returned or exchanged?
Is it considered fraudulent?
In order not to let these problems affect your enthusiasm for buying and buying, this issue of [Ask and Me Answer] will work with you to decipher the routines that may exist during the "Double Eleven" period to help you buy with confidence and use it smoothly.
Q: If I pay the deposit on the spur of the moment, is there any chance of regretting it?
What should I do if the merchant receives a deposit and does not ship the goods?
Answer: The deposit has the meaning of guaranteeing the performance of the contract.
The Civil Code stipulates that the parties may agree that one party should pay a deposit to the other party as a guarantee for the creditor's rights.
The deposit contract is established when the deposit is actually delivered.
The amount of the deposit shall be agreed upon by the parties; however, it shall not exceed 20% of the subject amount of the main contract, and the excess shall not have the effect of the deposit.
If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed as a change to the agreed amount of the deposit.
The Civil Code also stipulates that when the debtor fulfills the debt, the deposit shall be set against the price or be recovered.
If the party who pays the deposit fails to perform the debt or the performance of the debt does not meet the agreement, so that the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; if the party receiving the deposit fails to perform the debt or the performance of the debt does not meet the agreement, so that the purpose of the contract cannot be achieved, the return shall be doubled Deposit.
Therefore, as far as the deposit is concerned, if the party paying the deposit fails to perform its contractual obligations, it has no right to request a refund of the deposit; if the party accepting the deposit fails to perform its contractual obligations, the deposit should be doubled.
If you regret after paying the deposit, you can choose a full refund after paying the balance to reduce your losses.
Question: The deposit cannot be refunded. How should we understand the deposit, advance payment, intention money, etc.?
Answer: Strictly speaking, the deposit is not a legal concept.
Its purpose is to alleviate the shortage of capital turnover of the party receiving the deposit, thereby enhancing its ability to perform contracts.
Under normal circumstances, the paid deposit is regarded as an advance payment.
When the transaction is successful, the deposit serves as the payment for the goods.
In the event of a transaction failure, the deposit shall be refunded in full, and the party receiving the deposit shall still bear the obligation to return the deposit even if it breaches the contract.
The deposit does not have the nature of a deposit, and the people's court shall not support it if the party that pays the deposit claims the right to the deposit.
After the two parties sign the commodity sales contract, the deposit shall be refunded or offset in time.
In general, "advance payment," "deposit", and "intentional payment" are not deposits. Be sure to identify them carefully before placing an order. Note that the deposit can be refunded, but the deposit cannot be refunded.
Question: The purpose of staying up late and collecting orders is to save some money, only to find that the so-called "activity" is a trap for some businesses to raise prices and then lower prices.
How does the law define "bright decline and dark rise"?
Answer: The merchant's act of fabricating the original price and secretly raising the price is suspected of price fraud. If the seller constitutes a fraud, the buyer can request a "refund of one for three".
The Consumer Rights Protection Law stipulates that if a business operator commits fraudulent acts in providing goods or services, he shall compensate for the losses suffered by consumers in accordance with the requirements of consumers, and the increased amount of compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving the service. ; If the amount of additional compensation is less than 500 yuan, it shall be 500 yuan.
If the law provides otherwise, follow those provisions.
Therefore, consumers should keep consumption vouchers and communication records in this situation, report to e-commerce platforms or consumer associations and make claims.
Question: Once discounted or participating products are sold, they cannot be returned or exchanged. Can merchants obtain legal support for such regulations?
Answer: If the product has quality problems, it is not subject to the seven-day time limit.
But not all products can be returned for seven days without reason.
The Consumer Protection Law stipulates that business operators use the Internet, television, telephone, mail order, etc. to sell goods, and consumers have the right to return the goods within seven days from the date of receipt of the goods without giving reasons.
However, the following products are excluded: (1) Custom made by consumers; (2) Fresh and perishable; (3) Digital goods such as audio-visual products and computer software that are downloaded online or opened by consumers; (4) Newspapers, delivered Periodical.
Except for the goods listed in the preceding paragraph, other goods that are not suitable for return based on the nature of the goods and confirmed by consumers at the time of purchase are not applicable to unreasonable returns.
The goods returned by consumers should remain intact.
The business operator shall return the price paid by the consumer for the commodity within seven days from the date of receipt of the returned commodity.
The freight for the returned goods shall be borne by the consumer; if the operator and the consumer have agreed otherwise, follow the agreement.
Question: If there is a dispute with the merchant during the online shopping process and the negotiation fails, what are the ways to protect the rights?
Answer: Consumers can apply to the shopping platform for rights protection, or they can file a complaint with the consumer association or the administrative department for industry and commerce.
Problems that are really difficult to solve can also be reported to the public security organs for handling.
In addition, in the process of online shopping, it is necessary to collect and save relevant shopping evidence, such as chat records, shopping records, screenshots of product pages, shopping invoices, express orders, invoices, etc.
Wu Jie Liang Chengdong