The latest hot news, many people's first reaction is, what kind of family can be so ho ho
Briefly talk about the cause of the incident:
In April last year, a woman booked a wedding package of 8,000 yuan and paid a deposit of 3,500 yuan.
As a result, I found out that I was pregnant in April this year, so I wanted to postpone the wedding or directly refund the deposit.
The store was reluctant at this time, indicating that part of the deposit had been paid to other expenses such as video and makeup.
The two sides had a dispute, and the store replied like this:
The contract is very clear, if it is not because of the store's reasons that lead to the inability to undertake the wedding, the deposit is non-refundable.
The buyer wants to refund the deposit, the seller does not return the deposit.
The negotiation failed, and the woman cut 32 sets of wedding dresses in a fit of rage...
After this operation, the latest news is that the two sides have reached a compensation agreement of 50,000 yuan.
Some netizens said that whoever catches a set of cheap wedding dresses can finally lose less money.
We don't judge whether things are right or wrong, and back to the very beginning, it's the deposit for this contract.
The "deposit" is a certain amount of money paid by one party to the other party in order to ensure the performance of the contract, which has the role of guarantee.
Article 586 of the Civil Code stipulates that if the party paying the deposit does not perform the obligation or the performance of the debt is not in accordance with the agreement, resulting in the inability to achieve the purpose of the contract, it has no right to request the return of the deposit.
Therefore, the store's reply is not because the store's reasons lead to the inability to undertake the wedding, the deposit is non-refundable, there is a legal basis.
But there is a question, is the amount of the deposit paid by the woman reasonable?
Article 586 of the Civil Code stipulates that the deposit shall not exceed 20% of the amount of the subject matter of the main contract, and the excess shall not produce the effect of the deposit.
In this news, the subject of the contract is 8000 yuan, and only 1600 yuan of the 3500 yuan deposit plays the role of the deposit.
The wedding dress shop only has the right not to return the deposit of 1600 yuan.
As for whether the other 1900 yuan should be returned, Article 588 of the Civil Code stipulates that "if the deposit is not enough to make up for the loss caused by the breach of contract of one party, the other party may request compensation for the loss in excess of the amount of the deposit", so it depends on how much loss the woman unilaterally terminated the contract to the wedding dress shop.
In the current situation, 1900 yuan should not be repaid...
This thing tells us:
Don't be impulsive
(Say important things three times)
Is it difficult to review the amount of the deposit, in fact, it is really not difficult.
Before signing the contract, you can find a special legal person to look at the terms of the contract, and even some smart contract review tools can directly review the reasonableness of the deposit amount of the contract.
That's right, I'm talking about the smart contract review tool MeCheck, which will soon launch a new "Review of Common Financial Terms", which already has a review of the contract for the sale of goods and the lease contract of the shop, and interested legal and lawyers can click on the link: http://mecheck.net.cn/h5