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1.There are two types of expressions when booking a car: "deposit" and "deposit". Deposits and deposits, orders and orders, although often confused literally, are two different things conceptually.
Generally, the payment with the words "deposit" cannot be refunded, and there is room for negotiation when the word "deposit" is written. "Certain" means that the advance payment will not be refunded; "Order" is to want, there is such a thing, the advance payment can be refunded. 2.
"Deposit" is one of the five forms of security stipulated in the Guarantee Law, which is used as a guarantee for the performance of the contract: the party who pays the deposit has no right to demand the other party to return the deposit if it fails to perform its contractual obligations, and the party receiving the deposit must return the deposit twice if it fails to perform its contractual obligations.
3.When the two parties sign the "car booking agreement" contract, Party A cannot hand over the car, and Party B should be compensated double the deposit; Party B does not perform the contract, and Party A does not return the deposit. However, if the scheduled pick-up time is not reached, the consumer cannot ask for a refund.
When the two parties sign the "car booking agreement" contract, and Party A cannot hand over the car, according to the "car booking agreement" contract, only the original deposit will be refunded, and Party B will not be compensated for double the deposit; If Party B fails to perform the contract, Party A will refund the deposit, and the deposit for Party B's performance of the contract can be replaced with the purchase price.
4.Pay attention to the following four aspects when booking a car:
1) The effect of the deposit depends on the agreement of the two parties, if the two parties do not agree, the nature of the "deposit" is mainly an advance payment, if the consumer does not want to buy the car, the "deposit" as an advance payment should be refundable, but the merchant can not pay on time but there is an essential difference (2) whether it is a car or a car, you must sign a contract. When the merchant asks for a deposit, it is necessary to ask clearly to see whether the content of the payment is consistent with the content written on the receipt, and when making an advance payment, it is necessary to pay attention to whether the merchant issues a "deposit" or a "deposit" bill, if it is an "advance deposit", it should be required to add the words "unsatisfactory deposit refund" to avoid being infringed by unfair terms. (3) The amount of the deposit shall not exceed 20% of the total contract price, and the deposit for large-value commodities shall be the lower limit proportion.
4) When you give up buying goods or receiving services for various reasons, you should contact the merchant as soon as possible to avoid economic losses caused by both parties.
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"Certain" is to be sure, prepaid.
is non-refundable; "Order" is to want, there is such a thing, the advance payment can be refunded. Read it clearly before signing it, so as not to lose money.
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Ordering a car, in fact, the general 4S shop can change the color.
However, for some models, there is no current car, so there will be a situation of ordering a car, ordering a car is, the 4S shop from the manufacturer, to set up a new car for you, according to your requirements, if the manufacturer has shipped, then it is difficult to make changes, unless you negotiate with the 4S shop.
You wait for you to re-send the car, of course, in this way, the time will be very long, and there is a matter of refunding the deposit, the 4S store generally does not return all the deposit in the case of a refund, but only a part.
Car. China's latest national standard "Terms and Definitions of Automobile and Trailer Types" (GB T 3730 1-2001) has the following definition of automobiles: driven by power, with 4 or more wheels of non-track bearing vehicles, mainly used for:
carrying persons and/or goods; towing vehicles carrying people and/or goods; Special Purpose.
Domestic car brands include: Wuling, Baojun, Hongqi, Changan, Great Wall, Chery, Geely, Roewe, BYD, etc.
Foreign car brands include: Toyota, Volkswagen, Audi, Mercedes-Benz, Hyundai, Kia, Peugeot, Cadillac, etc.
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1. The concept is different. The deposit is a normative legal concept that is legally binding; The deposit is not a normative legal concept, in fact it has the nature of an advance payment, and is a means of payment for the parties.
2. Different liabilities for breach of contract. If the buyer or seller violates the deposit agreement, it shall not bear civil liability; As for the deposit, whether the buyer or the seller breaches the contract, it needs to bear the corresponding civil liability.
3. Different forms of performance. The deposit is generally not signed with a formal written agreement, whereas the deposit requires a formal written agreement.
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"Certain" means that the advance payment will not be refunded; "Order" is to want, there is such a thing, the advance payment can be refunded. Read it clearly before signing it, so as not to lose money.
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Pacific Automobile Network] Booking a car is a must be purchased, and the advance payment will not be refunded. When you book a car, you want to buy it, and the prepayment is refundable. The deposit for the car cannot be returned, and a certain amount of liquidated damages will be paid for unilateral breach of contract.
When signing for the purchase of a car, be sure to read it clearly before signing to avoid financial losses.
When a consumer gives up buying a car for some reason, according to the relevant laws, if it is a deposit, then it can be refunded after negotiation, and if it is written as a deposit, then legally speaking, it cannot be refunded. Deposit refers to a certain amount of money that the parties agree to pay to the other party as a guarantee for the creditor's rights, which is a legal form of security, the purpose of which is to promote the debtor to perform the debt and ensure that the creditor's claim can be realized. If the party paying the deposit fails to fulfill its obligations, it has no right to demand the other party to return the deposit.
When the contract cannot be performed, in addition to force majeure, it shall bear the liability for breach of contract according to the fault of both parties. To put it simply, if the contract cannot be performed, it can be refunded according to the agreement agreed in the contract. (Photo by photo:.)
Pacific Automobile Network Wu Jiahong).
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When choosing a car, the owner takes a fancy to a car, because there is no favorite color, then you can pay a part of the deposit, and then the 4S shop will transfer the vehicle as a reserved payment, so what is the difference between ordering a car and ordering a car?
The biggest difference between the two is that the car reservation is non-refundable, while the car reservation can be refunded. In fact, the car reservation and car reservation mentioned here are a deposit and deposit that need to be paid after taking a fancy to the car. For these two aspects can be refunded, the following is a detailed explanation.
After the deposit is paid, it cannot be refunded, because the deposit is regarded as a payment for the price, and the party who pays the deposit cannot request the return of the deposit if it does not perform the debt, or the performance of the debt does not conform to the agreement. The party receiving the deposit, if it does not fulfill its obligations and cannot finally reach a contract, should return the deposit double. To put it bluntly, as long as the vehicle is under normal circumstances, whether you don't want to buy a car or want to buy a model with other configurations, this deposit cannot be returned.
The deposit is refundable because the deposit does not have the nature of a deposit, but is only a unilateral act and has no obvious guarantee nature. If you don't want to buy it after signing the deposit, as long as the vehicle has not been damaged in any way, the 4S store must refund the deposit unconditionally.
Buying a car in full and buying a car with a loan are the same, but there will be a difference, there will be some handling fees, insurance must be in accordance with 4s, if there are funds, it is recommended to pay in full.
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