Can the decoration deposit be refunded

2022-07-22
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When choosing a home decoration company or buying household products, the "deposit" paid to the merchants before purchasing products often cannot be returned, resulting in increasing disputes. Some owners complain about the household enterprises to the industry association or take them to court. Some branch owners claim the "deposit", but more owners fail to get the money back. It is also the money delivered before purchasing products and services. Why is the result of recovery different? This issue explores the mystery of deposit and deposit for you

recently, Ms. Li reported that she paid a 3000 yuan deposit to a decoration company and signed a room measurement agreement. A few days later, she wanted to change the decoration company and claim back the deposit, but the merchant refused. Ms. Li said that the decoration company has not measured the house and produced the map, which has not caused them any losses, and the money should be refunded; However, the decoration company insisted that the deposit could not be refunded, and used discounts and other means to retain Ms. Li to continue the decoration, but Ms. Li had to choose this company. It is understood that the decoration services and product sales in the household industry will involve the payment of deposit, and there are many cases of deposit disputes related to this. In this regard, the reporter visited industry practitioners, competent departments and legal workers to try to find solutions

distinguish advance payment “ Order ” And “ Set &rdquo

the staff of the home decoration Commission said that when ordering a product or service, consumers must make sure that the money they pay is “ Deposit ” Or “ Deposit ”, If “ Deposit ”, As long as the consumer thinks that the merchant's service is not satisfactory, the agreement can be terminated at any time and the merchant is required to refund the money; But if it is “ Deposit ” If so, as long as the decoration company does not breach the contract, even if the business service is poor, consumers cannot terminate the agreement and recover the deposit. Therefore, consumers must find out which prepayment to pay on the basis of careful investigation of the merchants “ Set &rdquo

according to the lawyers of the law firm, Article 115 of the contract law of the people's Republic of China stipulates that the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights in accordance with the guarantee law of the people's Republic of China. After the debtor performs his obligations, the deposit shall be set off against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return double the deposit. The deposit is not clear and standardized in law. It is generally regarded as advance payment in trial practice. It only binds the payer, that is, the payer guarantees the receiver. If the recipient breaches the contract, it can only return the original deposit; If the payer breaches the contract, the receiver will offset the deposit as compensation or liquidated damages for various reasons and will not return it

according to insiders, signing the deposit agreement, on the one hand, ensures that consumers can enjoy all kinds of special offers advertised by the merchants. If the merchants do not fulfill their preferential commitments, consumers can get double compensation; On the other hand, the agreement also restricts consumers to consume, otherwise the deposit will not be returned. On the surface, the deposit is relatively fair for businesses and consumers. But in fact, due to the complexity and particularity of the household industry, ordinary consumers cannot fully grasp all the information about product quality and services. This kind of information inequality is easy to mislead consumers and make improper choices. When products have problems, consumers are in a disadvantageous position to complain

“ Retreat ” And “ No refund ” Test sincere service

home decoration industry insiders said that the industry has several different attitudes towards collecting deposit. One is to strictly follow the agreement. While the merchants measure the house and draw the map on time, the consumers cannot unilaterally terminate the agreement. This attitude is easy for businesses to use the deposit to “ Hold ” The idea of; Another attitude is that as long as the decoration company does not work (measuring rooms, rendering drawings, etc.), it can return the deposit and leave a certain “ Repent ” Time. But even so, due to the lagging service experience of the home decoration industry, consumers cannot feel the service quality without paying money. In addition, with the accelerated pace of life, many owners do not have enough time to understand the merchants, resulting in consumers still feel a little blind when choosing decoration companies

in the building materials and sanitary ware industry, material merchants sell more in major shopping malls. At this time, the behavior of collecting a deposit is more constrained by the shopping malls where they are located. The staff of a shopping mall on the North Second Ring Road said that they asked merchants to only collect the deposit, and consumers can terminate the deposit agreement at any time to get back the money. However, the person in charge said that when buying limited quantity special price preferential products, the deposit paid will not be refunded, because consumers occupy Limited special price product resources, and returning the deposit will waste the opportunity of other consumers to participate in the special price. However, for such product promotion activities, the time left by merchants for consumers to understand the products is more limited, and it is even more difficult for consumers to judge the product quality in a short time

in view of various deposit dispute cases in the industry, insiders have said that today, when paying attention to consumer service feelings, businesses should weaken the restrictive effect of deposits on sales, and enterprises should come up with better products and sincere services to replace the shackles of deposits on consumers and gain consumer trust. In today's consumer service experience, only enterprises that provide perfect services and excellent product quality, so that consumers can truly enjoy the freedom of voluntary purchase and return, can they become a well-known brand in the industry and lead the healthy development of the whole industry

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