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Can I get a refund on the down payment for furniture? Please help me with a kind legal person!
Legal analysis
The difference between deposit and deposit is mainly manifested in the following aspects: 1. The agreement to pay the deposit comes from the contract, and the failure to pay the deposit according to the agreement does not constitute a breach of the main contract; The agreement to pay the deposit is part of the main contract. If the deposit is not paid as agreed, it will constitute a breach of the main contract. Two, the delivery and collection of the deposit party fails to perform the contract debt, there will be no loss or double return of the advance payment, the deposit can only be used as damages. Three, the amount of deposit is limited by law. Fourth, the deposit is a kind of guarantee, and the deposit is only a unilateral act, not a guarantee. According to the relevant provisions of the current law, the deposit does not have the nature of deposit, which is a unilateral act and has no obvious guarantee nature. If the party paying the deposit claims the right of deposit, the people's court will not support it. In general, the deposit is regarded as an advance payment. When the party who pays and collects the deposit fails to perform the contract debt, there will be no loss or double return of the advance payment, and the deposit can only be used as damages. Deposit means that both parties agree to pay a certain amount of money to each other as a guarantee in order to ensure the performance of debts. The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract. The deposit contract shall be in written form, and the time limit for delivery of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual delivery of the deposit.
legal ground
Article 586 of the Civil Code of People's Republic of China (PRC) * * * The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
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