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Anonymous users2024-02-12The decoration is deceived and the deposit is generally non-refundable, but if there are any of the following cases, it can be refunded. The details are as follows:
1. If the decoration company has major negligence or fraud, then the deposit can be refunded. In the opposite case, the deposit is non-refundable. It needs to be dealt with according to the breach clause in the contract.
2. If the decoration party breaches the contract, the deposit for the decoration will not be refunded, and the deposit will be compensated to the decoration company as liquidated damages. However, if the decoration company defaults, then the decoration deposit is refundable, and the decoration company also needs to double the compensation deposit, so it should also be considered according to the actual situation.
Deposit refers to a certain amount of money or other substitutes agreed by the parties to be paid by one party to the other party in advance before performance in order to ensure the realization of the obligatory right. A deposit is a type of guarantee. Since the deposit is paid in advance, and the amount of the deposit is also clear in advance, the use of the deposit penalty can urge both parties to consciously perform and play a role as a guarantee.
The deposit is different from the advance payment: the deposit has the effect of guaranteeing, and if the debt is not performed or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, the deposit penalty shall apply.
However, the advance payment is only the advance payment under the condition that the subject matter is normally delivered or the service is normally provided, and if there is any shortage, the party who pays the advance payment can make up the remaining price; In the event of a breach of contract by the party delivering the subject matter or providing the services, the party who made the advance payment shall be entitled to a refund of the advance payment if the party who made the advance payment terminates the contract.
Laws and Regulations
Civil Code of the People's Republic of China
Article 586: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.
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Anonymous users2024-02-11Whether the deposit paid for decoration can be refunded, it depends on the situation:
1. If the party receiving the deposit defaults, the deposit can be refunded, and if the party receiving the deposit fails to perform the debt, or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be doubled;
2. If the paying party fails to perform its debts and the purpose of the contract cannot be realized, it has no right to request the return of the deposit.
Legal basisArticle 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.
How to bear the liability when the liquidated damages and the deposit are competing.
1. If the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may request compensation for losses exceeding the amount of the deposit;
2. The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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Anonymous users2024-02-10Under normal circumstances, the decoration deposit is non-refundable. Because the decoration is to ensure that the spring decoration company can arrange workers and materials, if the customer cancels the decoration order, the decoration company will face losses. However, if the order is cancelled due to the renovation company, the customer can request a refund of the deposit.
In addition, if both parties have agreed in the contract to return the deposit, they can also return the deposit. It is advisable to read the terms and conditions of the contract carefully before signing the contract to understand the refund policy.
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Anonymous users2024-02-09Whether you are buying a first-hand house or a second-hand house, you have to pay a "deposit" or "deposit" at the time of the transaction, but many people want to refund it afterwards for various reasons after paying the deposit. So can the decoration deposit be refunded? What is the difference between a decoration deposit and a deposit?
Let's follow together for a detailed consultation and understanding!
The decoration deposit is generally not refundable, unless the decoration company defaults on the deposit. Because the deposit exists as a form of security, if the debtor fails to perform the agreement according to the contract, it has no right to demand the return of the deposit, and if the recipient fails to perform the agreement according to the contract, it must return the deposit twice as much as the law requires.
The difference between a decoration deposit and a deposit: wanton noise.
1. The nature of the two is different.
From the perspective of nature, the deposit is a legal concept, which can provide guarantee for the establishment and performance of the contract, and the deposit is only a customary term, only in the nature of advance payment, and does not have the function of contract signing and contract performance, so when signing the contract, we must see clearly whether it is a "deposit" or a "deposit".
2. The legal consequences of the two are different.
According to the provisions of China's Guarantee Law, after the deposit is paid, if the parties refuse to sign the contract or do not perform the contract, they have no right to demand the return of the deposit. If the receiver refuses to sign the contract or fails to perform the contract, it shall return double the deposit, and the deposit can only be used as the price or withdrawn after the contract is performed.
The effect of the deposit is limited to the agreement between the two parties, and if there is an agreement, it shall be executed according to the agreement, and if there is no agreement, it is generally regarded as an advance payment at the time of judgment, and it only forms a constraint on the payer, and does not have any constraints on the recipient.
Article summary: Well, about the decoration deposit can be refunded and the difference between the decoration deposit and the deposit is introduced here, if you need more information, please continue to pay attention to Qeeka Home, we will have more exciting content for you in the future.
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Anonymous users2024-02-08Summary. Hello, the decoration was fooled and the deposit can be refunded. Because according to the relevant laws and regulations, if the two parties do not agree, the deposit can be refunded, and the deposit penalty shall be applied to the breach of contract by one party, so the decoration can be refunded if the deposit is paid when signing the decoration contract with the decoration company, whether the deposit will be refunded depends on the specific situation.
Hello, the decoration was fooled and the deposit can be refunded. Because according to the relevant laws and regulations, if there is no agreement between the two parties, the deposit can be refunded, and the deposit penalty shall be applied to the breach of contract by one party, so the decoration can be refunded if the deposit is paid when signing the contract with the bridge year, the deposit will not be refunded depending on the specific situation. <>
Hello, according to Article 587 of the Civil Noise Code: If the debtor takes 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 failure to achieve the purpose of the contract, it shall not have the right to request the return of the deposit.
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Anonymous users2024-02-07Summary. Hello dear. I've found the answer for you and I'm back, and here's how it is:
It cannot be refunded, unless the other party is in breach of contract, and double the deposit can be refunded. Article 587 of the Civil Code of the People's Republic of China 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.
Hello dear. I found the answer for you to go back to Bi Huaichang, the correct solution is as follows: no, unless the other party is in breach of contract, you can refund double the deposit.
Article 587 of the Civil Code of the People's Republic of China 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 the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the same purpose, it has no 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, it shall return the deposit twice.
If you have been fooled, you can sue the other party! Ask the other party to return the money!
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