It is the annual "Double Eleven" again.
The unavoidable "full reduction", "big promotion" and "pre-sale"
Various marketing methods, Qi Fei
Full of rushing.
Pits that can’t be avoided.
Don’t worry, Xiaobian will send you a gift package.
It’s not too late to finish reading the order ~
01
The deposit is not a deposit, so be careful when placing an order.
"Double Eleven" orders are huge.
Pre-sale rules are complicated
A little carelessness may make you "dizzy"
for example
What’s the difference between deposit and deposit?
If you don’t know.
Just cover your wallet first and don’t pay in a hurry.
Let’s look down together!
Legal tip: In daily transactions, the words "deposit" and "deposit" are widely used, but they are completely different in nature. "Deposit" has the nature of guaranteeing the performance of the contract, but "deposit" is just a idiom, not a legal concept.
Give an example
"chestnut"
You want to buy a 1000 yuan oven to bake chestnuts in autumn, but the merchant has no stock, so you need to pay a sum of money, and the merchant will help you keep the goods.
Scenario 1. If you and the merchant agree to pay a deposit, then the deposit can’t exceed 200 yuan at most (20% of the contract target amount is the upper limit of the deposit).
Scenario 2. If you go back on your word and say you don’t want the oven after paying the deposit, then the penalty of deposit applies, and you have no right to claim the return of 200 yuan’s deposit from the merchant.
Scenario 3. If the merchant repents after receiving the deposit and wants to sell it to a third person at a higher price, then the penalty of deposit applies, and the merchant should return you double the deposit, that is, 400 yuan.
02
During the peak period of express delivery, the responsibility needs to be cleared.
Because of the particularity of online shopping
It will definitely involve the transportation link of the courier company.
Then, if the courier is damaged in transit,
Who should bear the responsibility?
Legal tip: the seller sends the goods to the delivery place agreed by both parties through the courier company. Before the buyer signs for it, the seller has not completed the delivery, and at this time, the seller still bears the risk of damage to the courier.
Give an example
"chestnut"
On the second day after ordering the oven, the merchant will send your oven by express delivery. But unfortunately, when you got the oven, you found that your oven was out of order and could not be used.
Scenario 1. If you find that the oven is out of order when you sign for it, the oven is either damaged in transit or has quality problems. In a word, you don’t have to bear the responsibility of oven damage.
Scenario 2: If the oven is sent to the work unit and you sign for it, the oven will be damaged due to the bump of the vehicle on your way home. Then, on the premise that there is no quality problem in the oven itself, the responsibility should be borne by you.
03
Seven days without reason ≠ seven days without conditions.
Seven days no reason to return
The rights and interests of consumers are guaranteed to the greatest extent.
It is also conducive to the development of e-commerce
But what needs to be clear is that
"No reason" does not mean "unconditional"
Legal tip: Not all goods are subject to the seven-day unreasonable return rule. The seven-day unreasonable return rule does not apply to goods classified as fresh and perishable. At the same time, "should be in good condition" is the prerequisite for returning goods for seven days without reason.
Give an example
"chestnut"
After solving the courier storm, you received a brand-new oven, but during this period, your love for this oven also decreased, and the idea of returning goods quietly arose.
Scenario 1. If the oven has a complete trademark and can be used normally, if you apply for a return within seven days after signing for it, the merchant should return it.
Scenario 2. If you buy seafood (fresh and perishable) instead of oven today, you have the idea of returning it after signing for it. At this time, you can’t return the goods on the grounds that there is no reason for seven days.
Tips
Whether it is "Double Eleven" or daily consumption and shopping, everyone needs to think more and consume rationally. Learn more about relevant legal knowledge and avoid unnecessary disputes ~
Comprehensive sources: China PUFA, Zhejiang Tianping, Luoyang Intermediate People’s Court, etc.
Tips
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Original title: "Don’t be busy paying the final payment! The court reminds you! 》
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