Xinhua All Media+丨@"Double 11 last money person": I paid the deposit impulsively, is there any "regret medicine"?
Xinhua News Agency, Chongqing, November 9th (Reporters Zhou Kai and Yu Xiaosu) The annual "Double 11" e-commerce shopping festival is coming soon.
Under the "indiscriminate bombardment" of various subsidy coupons, advertisements, and discounts by the merchants, many consumers paid the deposit on impulse, only to find that the deposit was not refundable.
Many "double 11 finalists" have questions, are there any "regret medicine" for paying the deposit and refunding it?
Chongqing citizen Ms. Chen is an expert in online shopping. During the first wave of preemptive purchases on an e-commerce platform in late October, she filled her "shopping cart" and paid a deposit.
A few days later, she found that there were not many opportunities to wear the two clothes, so she wanted to return them, but the store customer service told her that the deposit paid could not be refunded.
Why can the merchant not refund the deposit?
Tan Qiping, a professor at the School of Civil and Commercial Law of Southwest University of Political Science and Law and vice president of the Civil Law Research Association of the Chinese Law Society, introduced that the deposit is different from advance payment, security deposit, deposit, deposit, etc.
Articles 586 and 587 of the "Civil Code of the People's Republic of China" (hereinafter referred to as the Civil Code), which came into effect on January 1 this year, stipulate that the parties may agree to one party to 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.
If the party paying 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 refund of the deposit.
The reporter saw that the "Double 11" consumer rule of an e-commerce platform specifically explained the "deposit": "The deposit is mainly used to determine the purchase quota when purchasing pre-sale goods, and to guarantee the performance of the contract; after the deposit is paid, the buyer and the seller should Consciously abide by the relevant provisions of the Civil Code. When the contract cannot be performed, in addition to force majeure, both parties shall bear the responsibility for breach of contract based on the fault of both parties."
Can consumers get a refund after paying the deposit?
Professor Tan Qiping stated that Article 11 of the Civil Code stipulates that if other laws have special regulations on civil relations, follow those regulations.
Article 25 of the "Consumer Rights Protection Law of the People's Republic of China" stipulates that business operators use the Internet, TV, 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, and no explanation is required reason.
According to Luo Lan, a staff member of the Chongqing Consumer Rights Protection Committee, if consumers want to refund after paying the deposit, they can perform the contract first. After paying the final payment, keep the goods in good condition and apply for a "seven days no reason" return on the e-commerce platform. .
However, Roland also reminded that the above-mentioned legal provisions also stipulate that commodities such as live and perishable commodities, online downloads or consumer unpacked audio-visual products, computer software and other commodities are not applicable to unreasonable return.
Therefore, consumers should not overly rely on "returning goods without reason within seven days", and should understand the rules for product return in advance to avoid economic losses.
The reporter interviewed the customer service staff of many e-commerce stores and learned that for the pre-sold goods that have been paid for the deposit, after the final payment is paid, consumers will keep the goods in their original condition without affecting secondary sales, and comply with the relevant regulations of "seven days without reason" return. , The merchant can return the goods for a refund.
"Double 11" is a period of high incidence of consumer rights protection. The Chongqing Consumer Rights Protection Commission recently issued a "Double 11" consumption reminder to warmly remind consumers to be rational "payers" and to consume reasonably according to their actual needs, and pay attention to reading red envelopes, Rules for the use of coupons, and keep relevant evidence such as chat records, courier slips, etc., if there is a dispute with the merchant, you can lodge a complaint with the e-commerce platform, consumer association or market supervision department for rights protection.