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As the buyer, have you paid the full price for the goods? The buyer has the right to require the seller to perform the obligation to deliver the goods if the contractual obligation for delivery has been fulfilled. If the seller refuses to deliver the goods, the buyer has the right to file a lawsuit with the court to require the seller to deliver the goods and bear the liability for breach of contract.
The seller either delivers the goods or returns the full price to the buyer and indemnifies the buyer for all expenses incurred in the performance of the contract. The buyer must keep the sales contract and keep the relevant evidence materials in order to win the lawsuit.
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It can be combined with the details of the contract signed by both parties in accordance with the relevant breach of contract provisions of the Contract Law of China. Liquidated damages will be pursued and at the same time, all losses caused by the breach of contract shall be investigated for economic compensation.
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Since there is a contract, then it is enough to ask the breaching party to refund and compensate for liquidated damages in accordance with the provisions of the contract.
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If the other party in the sales contract is willing to return the money and is unwilling to return the goods, then it will be resolved in accordance with the liability for breach of contract agreed in the contract.
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Hello! If there is no relevant agreement, then the fact that the money is returned and not supplied can only be accepted.
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If you are willing to return the money, you will admit it, if you meet an old man who does not return the money and does not deliver the goods, wouldn't it be more troublesome, and then find other merchants after returning the money.
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Once the contract has been signed, just follow the contract.
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According to the provisions of the contract, the penalty for breach of contract.
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According to the contract, the other party should lose money, anyway, you are the beneficiary, there will be no loss
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Don't sign a contract anymore? Let's do it according to the contract.
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Sell round stools without blocking the cavity belt delivery, the buyer can ask for a refund. The seller shall deliver the subject matter to the buyer in accordance with the contract, and if the seller fails to deliver the goods, it shall be in breach of contract, and shall bear the liability for breach of contract, return the price, and compensate the other party for the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract. Legal basis: Article 577 of the Civil Code of the People's Republic of China [Liability for breach of contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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If the seller does not deliver the goods, the buyer can request a refund. The seller's failure to deliver the goods after the expiration of the performance period agreed by the parties is a breach of contract, and the buyer may require the seller to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 577 of the Civil Code.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 584.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
Article 598.
The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer ownership of the subject matter.
Article 601.
The seller shall deliver the subject matter at the agreed time. Chainpants with an agreed delivery period, which the seller may deliver at any time during that delivery period.
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The seller does not deliver the goods, and the buyer can ask for a refund. The seller shall deliver the subject matter to the buyer in accordance with the contract, and if the seller fails to deliver the goods, it shall be in breach of contract, and shall bear the liability for breach of contract, return the price, and compensate the other party for the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract.
Legal basis. Article 577 of the Civil Simplified Lu Code of the People's Republic of China: [Liability for Breach of Contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
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According to the regulations, if the seller does not deliver the goods and does not refund the goods, it has violated the sales contract between the merchant and the consumer, which constitutes a fundamental breach of contract, and the buyer has the right to request it to continue to perform or refund.
If the seller still does not continue to perform, the buyer can file a complaint with the consumer association or the merchant platform, or sue in court to protect his legitimate rights and interests.
Legal basis.
Article 1165 of the Civil Code.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1166.
Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that the law shall bear tort liability, follow the provisions of the key signs to stop the loss.
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Legal analysis: Disputes over return of goods in the sales contract shall be resolved through negotiation according to the agreement of the contract and the communication and negotiation of the parties. If there is no agreement, the relevant provisions of the Contract Law of the People's Republic of China shall apply, and both parties shall perform their obligations in accordance with the law and protect the legitimate rights and interests of the other party.
If the solution cannot be reached through negotiation, you can seek legal means such as arbitration or filing a lawsuit. Legal basis: Contract Law of the People's Republic of China Article 26 The parties to the contract can agree on the return matters, time limit, conditions and methods according to the transaction habits, contract types, transaction methods or transportation and transaction objects, etc., and may also negotiate and agree.
Article 154:Parties shall follow the principle of good faith in performing contractual obligations, and must not engage in conduct that harms the national interest, the societal public interest, or the interests of others, and must not violate public order and good customs. If you have more in-depth questions about the law, please consult a professional lawyer.
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