Recently, Ms. Li reflected that she had paid a deposit of 3,000 yuan to a decoration company and signed a housing agreement. She wanted to replace the decoration company and retrieve the deposit a few days later, but was rejected by the business. Ms. Li said that the decoration company has not yet produced a plan to measure the volume of the room, and did not cause any damage to them. It should return the money; but the decoration company insists that the deposit cannot be refunded, and uses discounted concessions and other means to retain Ms. Li to continue the renovation. Had no choice but to choose this company. It is understood that the decoration services and sales of the home furnishing industry will involve the payment of deposits, and there are many cases of deposit disputes related to this. In response, the reporter visited industry practitioners, competent authorities, and legal workers in an attempt to find a solution. Prepayments distinguish between "order" and "fixed" The home improvement committee staff said that when consumers order a product or service, they must be clear whether the payment is a “deposit†or “depositâ€, if it is a “depositâ€, as long as consumers believe that the business service is not satisfied, at any time They can terminate the agreement and require the merchant to refund the money; but if it is a "deposit", as long as the decoration company does not breach the contract, even if the business service is poor, consumers cannot terminate the agreement and recover the deposit. Therefore, consumers must make a careful inspection of the business and find out what the "adoption" of the advance payment is. According to lawyers of a law firm, Article 115 of the "PRC Contract Law" stipulates that the parties may stipulate in accordance with the "Law of the People's Republic of China on Security" that one party will pay the deposit to the other party as security for the creditor's rights. After the debtor has fulfilled his obligations, the deposit shall be credited to the price or recovered. If the party that has paid the deposit fails to perform the agreed debt, it has no right to demand the refund of the deposit; if the party receiving the deposit does not perform the agreed debt, it shall double the deposit. The deposit is legally ambiguous and non-standard. It is generally regarded as an advance payment in trial practice. It only forms a constraint on the payer, that is, the payer’s guarantee to the recipient. If the recipient breaches the contract, the original deposit can only be returned; if the party making the payment breaches the contract, the recipient will use various reasons to settle the deposit as damages or liquidated damages without refund. According to industry sources, the signing of a deposit agreement ensures on the one hand that consumers can enjoy various special promotions offered by the merchants. If businesses do not fulfill their promises, consumers can receive double compensation; on the other hand, the agreement also binds consumers. Consume, if not deposit will not be returned. On the surface, deposits are fair to both businesses and consumers. However, due to the complexity and particularity of the home industry, the average consumer cannot fully grasp all the information on product quality and service. This kind of information is not easy to mislead the consumer, make inappropriate choices, and consume products when problems arise. The person is in an unfavorable position. "Retreat" and "Refundable" test sincere service Home improvement industry insiders say that the industry has several different attitudes towards collecting deposits. One is strictly in accordance with the agreement, and the merchant can not unilaterally terminate the agreement while the business is printing the room on time. This kind of attitude can easily make merchants use the deposit to “hold in†the owner’s idea; another kind of attitude, as long as the decoration company does not work (measured room, renderings, etc.), it can return the deposit, leaving consumers with certain “ Ego" time. Even so, due to the lag in the service experience of the home improvement industry, consumers cannot feel the quality of service without paying money, and with the accelerated pace of life, many owners do not have sufficient time to understand the business, leading consumers to choose a decoration company. Still feel blind. In the building materials and sanitary wares industry, material businesses are more often sold in supermarkets. At this time, the behavior of collecting deposits is more restricted by the shopping malls in which they are located. A staff member of a store in the North Second Ring Road said that they require that the merchant can only charge the deposit, and consumers can terminate the deposit agreement at any time to get back the money. However, the person in charge said that the purchase of limited special offer products, the deposit will not be refunded on the grounds that consumers occupy a limited amount of special product resources, refund of the deposit will waste other consumers to participate in special offers. However, this kind of product promotion activities, businesses leave consumers with more limited time to understand the product, in a short period of time consumers have to make judgments on product quality, it is even more difficult. In response to various types of deposit dispute cases that have emerged in the industry, people in the industry have stated that in today's emphasis on consumer service feelings, businesses should downplay the effect of deposits on sales, and companies should use more high-quality products and sincere services to replace deposits. The bondage to consumers, gain consumer trust. Today, when it comes to consumer services, only companies that provide perfect services and excellent product quality will enable consumers to truly enjoy the freedom of purchase and return, so that they can become a big brand in the industry and lead the healthy development of the entire industry. Decoration budget decoration budget knowledge entrance decoration decoration company home improvement home decoration home home decoration effect map home improvement home decoration home
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Can decoration deposit be refunded?