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If the order is not shipped, the cancelled order will be refunded in full. If it has already been shipped, you will need to request a return. You need to pay the shipping fee, and the rest of the money will be refunded. Pay a deposit for the ordered items.
None of them will be refunded.
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Deposit: refers to the payment of a certain amount of money by one party to the other party in advance in order to ensure the performance of the contract. Article 115 of the Contract Law stipulates that:
The parties may, in accordance with the Security Law of the People's Republic of China, stipulate 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.
Deposit: It is only one word different from the deposit, but it is very different in legal nature. The deposit is not a normative concept and is legally only in the nature of an advance payment; It is part of the advance payment, which is a means of payment for the parties and does not have the nature of guarantee.
If the contract is performed, it will only be used as a credit for the house payment, and if it is not performed, it can only be returned in full.
Sincerity gold: that is, the intention money, which is reflected in the contract signed by both the buyer and the seller, in fact, there is no sincerity in the law, mainly because the integrity and credit system of our trading market is not perfect, and the transaction subjects often violate the principle of good faith for their own interests, thereby harming the interests of one party.
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The first 115th round: Confusion and selfishness cherish the spring Yasu Zhi, proving that the same kind of treasure jade is lost to each other.
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The deposit is clearly defined in the law, and the deposit is not only a guarantee of performance, but also a kind of compensation. The deposit is not expressly stipulated in the law. The deposit in the house purchase letter, the owner or the compensation is only unilateral, and it is the buyer's guarantee to the developer.
If the developer defaults, the deposit can be refunded. Bottom line: The rental deposit is refundable, and the deposit is difficult to return.
Legal basis: Civil Code Law of the People's Republic of China Article 742 The lessee exercises the right to claim compensation against the betrayer, which does not affect its obligation to pay rent. However, if the lessee relies on the lessor's skills to determine the leased property or the lessor intervenes in the selection of the leased property, the lessee may request a reduction or reduction of the corresponding rent.
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Legal analysis: The deposit is clearly stipulated in the law, and the deposit is not only a guarantee of performance, but also a kind of compensation. The deposit is not expressly stipulated in the law.
The deposit in the purchase letter, the owner or the compensation is only unilateral, and it is the buyer's guarantee to the developer. If the developer defaults, the deposit can be refunded. In a word:
The deposit is refundable, and the deposit is difficult to return.
Legal basis: Article 742 of the Civil Code Law of the People's Republic of China The lessee exercising the right to claim compensation against the seller does not affect its performance of the obligation to pay rent. However, if the lessee relies on the lessor's skills to determine the leased property or the lessor intervenes in the selection of the leased property, the lessee may request a reduction or reduction of the corresponding rent.
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Legal analysis: If the parties to the contract have not violated the contract by giving the deposit to the party paying the orange flush, and the recipient of the deposit is in breach of contract, then the recipient of the deposit is obliged to return the deposit, and it is doubled. When the party receiving the deposit defaults and refuses to return the deposit, the party who pays the deposit can solve the problem in the following ways:
1) Negotiation between the two parties. The two parties to the contract can negotiate amicably on the issue of deposit refund, and the biggest advantage of negotiation is that it is convenient, fast and conducive to implementation.
2) Litigation Resolution. If the two parties fail to reach an agreement, they can file a lawsuit with the court on the issue of the deposit. The court made a judgment on the issue of the contract deposit based on the facts of the case and the evidence provided by both parties.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where there is genuine difficulty in writing a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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If the buyer refuses to pay the purchase without justifiable reasons after paying the deposit for the purchase of the house, the seller may not refund the deposit. According to the first paragraph of Article 586 of the 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 when the deposit is actually paid.
Article 587 of the Supreme Judgment stipulates that 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.
Paragraph 1 of Article 586 of the Civil Code provides that the parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid. 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.
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The deposit may be returned under the following circumstances: (1) When the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double; (2) After the debtor performs the debt, the deposit shall be offset against the price or recovered; (3) If the party paying the deposit fails to perform the agreed debt, it shall not have the right to demand the return of the deposit. Legal basis:
Article 586 of the Civil Code: The parties concerned may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid. 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 realize the objectives 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 basis:Article 586 of the Civil Code of the People's Republic of China [Deposit Guarantee] 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.
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 of the Civil Code of the People's Republic of China [Deposit Penalty Provisions] If the debtor performs the debt, the deposit shall be offset against the base amount of 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.
A deposit is a form of security in which a certain amount of money or a substitute is paid as security before the conclusion or performance of a contract. >>>More