I paid a deposit of 200 yuan for shopping, but can I get a refund of the deposit due to the high pri

Is it a deposit or a deposit?

Fixation is a legal form of security that aims to induce the debtor to perform its debts and ensure that the creditor's claim can be realized. This is non-refundable.

The deposit is fully refundable.

Is there a receipt when I pay the deposit? See if it is written, if there is no text involved in this regard, it should be refundable, you can say that the funds are tight recently, and you can't buy it for the time being, and you will buy it after a while, if he says not to return, you will ask him rhetorically, the original document is not written orally and does not say, why not give it back! He had no reason

Hope you succeed!

It should not be refundable and will be taken away by the merchant.

Legal Analysis: This needs to be analyzed on a case-by-case basis. The deposit is refundable.

However, in general, there are two possibilities for refund: first, the party collecting the deposit is in breach of contract and needs to return the deposit twice; Second, the two parties negotiate to terminate the contract, and the party receiving the deposit shall return the deposit. Except for these two cases, no other refund is allowed.

Legal basis: Article 587 of the Civil Code of the People's Republic of China.

If the debtor performs its obligations, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Legal analysis: It can be refunded after paying the deposit for the purchase, but it needs to meet the statutory conditions for returning the deposit, that is, the buyer gives up the purchase of the house for its own reasons and does not sign the sales contract, or the seller breaches the contract and does not sell the house, then the party who does not perform the agreed obligations has no right to demand the return of the deposit, and the party who accepts the deposit does not perform the agreed obligations and shall return the deposit twice. Legal basis:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law (II) Article 4 Where a contract is concluded in written form, and the place where the contract is signed is inconsistent with the place where the contract is actually signed or sealed, the people's court shall determine that the agreed place of signing is the place where the contract is signed; Where the contract does not stipulate the place where it is signed, and the signatures or seals of both parties are not at the same place, the people's court shall determine that the place where the contract was signed is the place where the contract was last signed or sealed. Article 5 Where a party concludes a contract in the form of a written contract, it shall sign or affix a seal. Where a party puts a fingerprint on the contract, the people's court shall find that it has the same legal effect as the signature or seal.

If you paid a "deposit" instead of a "deposit", you don't want it now and it's non-refundable.

"Deposit" refers to the payment of a certain amount of money by the consumer to the merchant in advance to ensure the performance of the contract. According to the relevant provisions of the Civil Code (in force), when the merchant defaults, the "deposit" will be doubled; When the consumer defaults, the "deposit" will not be returned. The total amount of the "deposit" shall not exceed 20% of the subject matter of the contract.

At present, before signing a formal contract for the sale and purchase of commercial housing with the buyer, the developer generally accepts a deposit from the buyer through subscription, ordering, reservation, etc. If the buyer does not sign a contract with the developer or the parties do not agree on the terms of the contract, most of the deposits charged by the developer are non-refundable. This kind of deposit agreement is extremely unfavorable to the buyer, and the buyer often accepts the developer's unequal terms against his will under the pressure of the non-refundable deposit, and his true thoughts cannot be reflected in the contract, which violates the principle of fairness and justice of the contract.

Many buyers naturally think that the deposit for the purchase of the house is the same as the transaction of other commodities, just like the usual purchase of things, and the deposit is this thing for me, and I am ready to ask for it. But if I don't want anything, the deposit is even if I give you compensation, and so on to the house, thinking that once the commercial housing subscription is signed, no matter what the reason for the house is not finally bought, the deposit must not be returned, and some people even automatically give up getting the deposit back, which is actually a misunderstanding. For these thoughts and questions of the buyer, the lawyer can clearly tell the buyer that the deposit is refundable.

But under what conditions can the deposit be refunded and under what conditions can the deposit not be refunded? This requires the legal requirement for the release of the deposit.

The deposit is not separated from other guarantees.

1. The purpose of guarantee, mortgage, pledge and lien guarantee is only to ensure the interests of the creditor and does not provide any protection to the debtor. The deposit guarantee provides performance security for both parties to the contract.

2. The difference in legal effect.

The rights arising from the guarantee are creditor's rights and do not have priority in repayment;

The right arising from the deposit is also a creditor's right, and it also does not have priority in repayment;

Mortgages, liens, and pledges acquire security interests, and have the priority right to be repaid for the collateral and the price obtained from its realization.

3. The nature is different.

The deposit penalty is punitive, and other types of guarantees are not punitive.

Article 115 of the Contract Law stipulates that: "The parties may, in accordance with the Security Law of the People's Republic of China, agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset 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 the deposit twice. ”

According to your statement, if the party paying the deposit defaults, the deposit will not be refunded.

The deposit is in the nature of a guarantee, and the party who pays the deposit is unwilling to continue to perform the contract, and the two parties cannot achieve the purpose of the contract and cannot ask for the return of the deposit.

See: Article 587 of the Civil Code [Deposit Penalty] If the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

The deposit is non-refundable and the deposit is refundable.

The general principle is that the deposit can be refunded, the deposit cannot be refunded, but the deposit can be returned if it meets certain conditions, and if the deposit is not fulfilled by the contractual obligations, it has no right to request the return of the deposit, and if the party receiving the deposit does not perform the contractual obligations, the deposit will be returned double.

Not only can you not refund the deposit, but if the other party's things are not easy to get rid of, you can be asked to continue to perform the contract, and you have to buy it if you don't want it.

Normally, if you pay a deposit, and if you don't want it in the future, the deposit will not be refunded to you. The deposit is the meaning of setting it in advance, and you regret it.

I don't want to buy something and pay a deposit, the deposit cannot be returned, the deposit is what you want, the merchant has no right to return it to you, but it can be discussed.

According to the contract law, the deposit should not be refundable, unless the merchant generously agrees to return it.

Summary. <>

Hello dear, happy to answer your <>

The deposit for buying things cannot be refunded. Whether the deposit is refundable or not depends on the actual situation. Deposit refunds can be processed in the following circumstances:

If the parties reach an agreement through consultation, the deposit may be refunded according to the agreement of both parties; If the signed deposit contract is invalid, the party receiving the deposit shall return the deposit; In the event of a breach of contract, if the collecting party breaches the contract, the deposit shall be returned double; If the paying party defaults, the receiving party may not refund the deposit.

Can I get a refund for the deposit I paid for the purchase?

Hello dear, happy to answer your <>

The deposit for buying things cannot be refunded. The deposit is not refundable and depends on the actual situation. Deposit refunds can be processed in the following circumstances:

If the parties reach an agreement through consultation, the deposit may be refunded according to the agreement of both parties; If the signed deposit contract is invalid, the one-click return party that collects the deposit shall return the deposit; In the event of a breach of contract, if the collecting party breaches the contract, the deposit shall be returned double; If the payer defaults, the recipient may not refund the deposit.

Legal basis: Article 157 of the Civil Code of the People's Republic of China provides that after an act of civil law is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of the act shall be returned; If it cannot be returned or there is no need to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered by Pei Mingqin; Where all parties are at fault, they shall each bear corresponding responsibility.

Where the law provides otherwise, follow those provisions.

Summary. Hello dear, it is a pleasure to serve you <>

The deposit for shopping is non-refundable. 1. You don't have to buy something if you pay a deposit, but if you don't buy something, the deposit paid cannot be refunded. 2. The deposit has the function of guarantee, guaranteeing the realization of the sales contract, and if you don't want to buy anything after paying the deposit, it is a breach of contract and you should bear the liability for breach of contract.

3. The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.

Can I get a refund for the deposit I paid for the purchase?

Hello dear, it is a pleasure to serve you <>

The deposit for shopping is non-refundable. 1. It is not necessary to buy something and pay a deposit for the world, but if you do not buy something, the deposit paid cannot be refunded. 2. The deposit has the function of guarantee, guaranteeing the realization of the sales contract, and if you don't want to buy anything after paying the deposit, it is a breach of contract and you should bear the liability for breach of contract.

3. The parties may agree that one party shall pay a deposit to the party as security for the creditor's rights. The Sohuai deposit contract shall be established when the deposit is actually paid.

Legal analysis: According to Article 580 of the Yanyou Civil Code, the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded from the time of the actual delivery of the deposit.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. Article 587:Where the debtor performs its debts, the deposit shall be offset against the price or recovered.

If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.