How do I get a refund of my deposit? I wanted to buy a cat, and I ordered one to be picked up as an

Hello. Based on your description, the following legal opinions are provided for your reference:

1. For the purchase and sale of pets, it is not necessary to have a written contract, and an oral agreement is reached and the subject matter is delivered.

cats). You have basically no problem making contracts.

2. The subject matter dictated by the owner (American shorthair.

Same as you would expect. If you request the store to terminate the contract without sufficient evidence, it will be in accordance with the Contract Law

The deposit penalty is non-refundable to the other party.

3. The information you search for on the Internet is that the shopkeeper ** unscrupulous cat, then you can only provide the corresponding evidence to prove that the shopkeeper's ** cat does not meet your standards, you can ask the other party to provide evidence to prove that the cat belongs to a good breed. Otherwise, you can terminate the contract and ask for a refund of the deposit. (The right to defence of uneasiness under the Contract Act applies.)

4. The receipt is the only written evidence you have at present, if the receipt says that what you need is an American shorthair, and the store provides a breed that is not stated on the receipt, it will be handled in accordance with Article 2; However, if the breed of the cat is not stated on the receipt, then the breed of the cat can only be inferred according to the market**. The deposit is no problem to be refunded.

5. If the cat breed provided to you by the store is not the breed agreed on the receipt, or the cat breed provided to you without the agreed breed is a defective product (worse than the American shorthair cat, and the market value is much lower than the amount agreed on the receipt), then the other party's behavior is fraudulent, and you can not only ask the other party to return the deposit, but also ask the other party to compensate (the amount is the deposit, or the full amount after you pay the full amount, that is, refund one and pay one).

In your case, it is recommended that you first contact the consumer association.

Ask for help. In addition, you can check with the industrial and commercial department whether the pet store is qualified to sell pets, and if not, you can ask the industrial and commercial department to investigate and deal with it (if it is sold without a license, the other party should return the deposit). In addition, when buying a pet, the owner should be required to provide a formal invoice, and if you do not provide an invoice, you can report it to the industrial and commercial department and the tax department.

Hope it helps.

It is recommended that you must be cautious before calling the deposit, this kind of online pick-up, to see if there is any specific evidence, if it is just hacked by others' words, there is no evidence, there is no way to return the deposit, that is, there is no legal evidence.

What you write constitutes a commitment and therefore has the force of civil law. It is advisable to discuss with the merchant carefully, otherwise you will need to prove that there is fraud or material misunderstanding in the contract before you can get the money back.

There is a difference between a deposit and a deposit, and the deposit can say that you must buy something, and the merchant can no longer sell it to others. You have paid the deposit, the merchant will give you the cat you want to escrow, but you don't want it, delay the merchant to sell to others, affect their business, even if you sue the merchant There is a certain reason, it is best to negotiate to deal with it, and it is not impossible for you to suffer some losses. Suing will hurt both sides, and you will lose more.

The lawsuit is useless, and the court will not accept it. The deposit is binding on the parties in accordance with the law, and the deposit will not be refunded once the breach of contract is breached.

Spend money to buy a lesson.

In this case, you are the first to breach the contract and lose the reason. It is useless to prosecute. An economic dispute of a few hundred yuan may not be accepted by the court.

If the party gives the deposit for buying the cat, and then does not want the owner to return the deposit, the party can sue.

Legal analysis

If the other party does not refund the deposit for breach of contract, it can first request the other party to return it through negotiation, and if it cannot be negotiated, it can file a lawsuit with the court. The court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. After the parties have completed the necessary formalities and submitted all relevant evidence, the case filing division shall, within seven days, handle the case filing formalities for those who meet the requirements for case filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial.

How to bear the litigation costs: The acceptance fee shall be paid by the plaintiff in advance. Where the defendant submits a counterclaim, the case acceptance fee is to be calculated on the basis of the amount or value of the counterclaim, and the defendant is to pay it in advance.

Where the parties have real difficulties in paying the litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment. Whether or not to be suspended, reduced, or waived is to be reviewed and decided by the people's courts. When the case is concluded, the people's court shall notify the person in writing of a detailed list of litigation costs and the amount to be borne by the parties.

At the same time, the judgment, ruling or mediation document shall specify the litigation costs to be borne by each party. The parties shall settle the litigation costs with the people's court on the basis of the payment receipts and the judgment, ruling or mediation document, and refund the excess and make up the deficiency.

Legal basis

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.

Civil Procedure Law of the People's Republic of China》 Article 119:The following conditions must be met for a lawsuit: (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.

In this case, you'd better discuss it with the store, and if not, contact the platform's customer service, but no matter what, you won't get a full refund.

There's a fee to prosecute, right? At that time, it may be more than 700 yuan, and you don't take care of it, don't lose your wife and break the soldiers when the time comes, buy the things that you like directly in the future, and go back to think about it if you don't see it well, don't make such mistakes again!

It is not reasonable to judge based on your original agreement or contract.

The deposit requirement is a "written agreement", that is, it is written in black and white, and the paper contract (or officially certified online electronic signature system) signed by both parties is called a written agreement. The oral agreement reached by our ordinary online chat does not have the effect of a deposit in the legal sense, so the buyer has every reason and basis to claim that the agreement is invalid to the court and require the cattery to return the unjust enrichment. 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. If the deposit has the effect of guarantee, and the failure 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 penalty shall apply.

Classification of deposit: Deposit for breach of contract is the most common in practice, that is, after accepting the deposit, if one party 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, it shall be dealt with in accordance with the deposit penalty. The contract is that the parties agree to pay the deposit as security for the conclusion of the main contract, and if the party who pays the deposit refuses to enter into the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit.

If the party paying the deposit has not paid the deposit, the main contract has been performed or the main part has been performed, which does not affect the formation or effectiveness of the main contract. The deposit is used as evidence to conclude the contract. After the deposit is delivered, the party who pays the deposit can terminate the main contract at the cost of losing the deposit in accordance with the contract, and the party receiving the deposit can terminate the main contract at the cost of returning the deposit twice.

The contractual fee may be considered as a contract with conditions for entry into force; The deposit can be considered as a breach of contract deposit for the appointment; The certificate deposit is only one of the ways to prove the formation of the contract; The termination fee can be considered as a right to terminate the agreement. Article 588 of the Civil Code only provides for a deposit for breach of contract.

Legal analysis: The deposit is a way to bear the liability for breach of contract, you don't want to buy a cat, and the failure to fulfill the follow-up payment obligation is a breach of contract, and the deposit is generally non-refundable. If you want to return, you can negotiate with the store.

Legal basis: Article 586 of the Civil Code of the People's Republic of China 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.

Legal analysis: This requires you to communicate with the boss, if the boss agrees, as long as the cat does not have any damage, of course, you can return.

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

Article 562:The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.