The Trap Of "Double Eleven" Businesses: What Is The Difference Between "Deposit" And "Deposit"?

According to the world clothing shoes and hats net, tomorrow, the "double eleven" shopping carnival is officially opened.

Reporter experience found that this year, Tmall, Jingdong and other platforms most businesses have provided pre-sale services, and clearly stipulate that the advance deposit will not be refunded.

However, many businesses often use deposits and deposits to confuse consumers.

In addition, deposit expansion, Cross shop full reduction.

Subsidies and other promotional tools are also more complex than in previous years.

In this regard, the Consumer Association reminds us that we must understand the rules and place the order again.

The relevant person in charge of Beijing industry and Commerce Bureau said that no matter "deposit" or "deposit", businesses and platforms could not set up unfair and unreasonable provisions for consumers.

A deposit or a deposit is also unclear.

Ms. Wang, 26, recently bought a winter in Tmall.

And some women's products.

She said that the two commodities were all pre-sale goods, which meant that she had to pay part of the deposit and then pay the latter.

In the process of ordering, she found that the platform has issued regulations that the deposit is not refundable.

"The General Administration of industry and Commerce has not issued a document, which stipulates that the deposit must not be refunded."

Ms. Wang said she was confused.

In this regard, reporters in Tmall, Jingdong two shopping website experience, found that the two platforms have launched the pre-sale activities, consumers should first pay the gold and then pay the tail.

However, in the end, "deposit" or "deposit", even businesses are confused, many goods in the name of a line "deposit" two words, and the product introduction page or order confirmation page and write "deposit".

The reporter consulted a family.

The two party is the same thing.

Reporters then consulted lawyers, the other side said that these two words are completely different concepts in law, and the difference of one word may lead to totally different consumption results.

No refund for the deposit.

In order to understand the promotional rules of the controversial pre-sale deposit, the reporter chose three kinds of pre-sale goods, such as women's clothing, mobile hard disk and milk powder, to carry out the experience.

When confirming the order, the word "agree to pay the deposit" appears on the left side of the "submit order" page. After the check is selected, the "submit order" button can be clicked. At the same time, a small line appears under the button, and a deposit is not refundable. The link of the "more rules" can be given back to the Tmall pre-sale business specification.

The specification states that "after the deposit is paid, the buyer fails to pay the final payment as scheduled, or the buyer applies for a refund and is not refunded according to the relevant rules of the Tmall rules and Taobao dispute settlement rules and other related rules."

When the Jingdong tried to buy a pre-sale dress, the order confirmation page was similar to that of Tmall. After a unified payment of the deposit option, a red brackets said "pre-sale goods, deposit no refund!"

A Tmall customer service selling a mobile hard disk says that no matter whether the payment has been paid, the "double eleven" pre-sale orders do not support the deposit refund.

And a customer service of a pre sale coat shop said that if a refund was needed, Fu Qingwei could be paid on the "double eleven" day, and then a full refund would be received after receiving the goods.

"If no payment is made, the deposit has no refund entrance, and Tmall does not support separate refund."

Reporters asked "double eleven" on the same day, such as the objective reasons such as the network can not pay the tail, whether the deposit can be refunded, the other side is still not.

During the consultation process, a Tmall store selling overseas women's hygiene products also reminded reporters that Tmall's international cross border communication would not support seven days without reason for return unless the quality problem was concerned.

Preferential rules "burn the brain" consumer circles

In addition, many consumers have reflected that this year's "rules of the game" are burning up and can not be understood at all.

Reporters found in Taobao, this year online shopping platform launched a "deposit expansion", "pre-sale is more cost-effective than double eleven", "double eleven category coupons" and other promotional methods.

A Tmall flagship store selling shoes not only provides 50 percent off discount for big men and women's shoes, but also a coupon of 998 yuan or 50 yuan.

In addition, the "double volume superposition" promotion also launched a full 400 reduction of 50 and a full 698 reduction of 30 and two categories of coupons, as well as "1 yuan to buy large quantities of no threshold coupons", respectively, in from November 1st to 10th at 11:11, 15:00, and three three hours of time to launch different coupons.

At the same time, the store also offered 4 times advance sale deposit, 20000 yuan cash bonus, and invited friends to split up.

"Time period, consumption threshold, payment methods are different, some are business preferences, some are cross platform, and there are two payments."

I don't know how much it costs to buy a shoe.

Ms. Wang complained that this year's sales rules were too complicated to buy things entirely by intuition. "Not counting, they may feel that they would be cheaper.

I feel the simple way of discount is more clear in previous years.

Follow up

What is the difference between "deposit" and "deposit"?

Reporters found in the experience, many platforms put forward the "deposit" will not be returned to the request, but businesses in the baby description often mixed with deposit and deposit two words, and claimed that the two is the same thing.

Then, whether the "deposit" and "deposit" belong to the same concept and are subject to the same constraints?

Han Xiao, a lawyer at Kangda law firm in Beijing, explained that although deposits and deposits are identical, they are essentially different in legal sense.

The role of "deposit" is not expressly stipulated in law.

Generally speaking, the deposit is regarded as the advance payment for the performance of the contract, but there is no nature of the establishment of the guarantee contract.

If a party fails to perform its obligations under the contract, the other party shall not have the right not to return the deposit.

Earnest money is a guarantee method expressly stipulated by our law, which has the effect of contract guarantee.

According to the 115th clause of the contract law, the parties may agree to pay the deposit as a guarantee for the creditor's right.

After the debtor has fulfilled his obligations, the deposit shall be made to the price or recovered.

If the party paying the deposit fails to perform the stipulated debts, he shall not have the right to claim the return of the deposit; if the party receiving the deposit fails to perform the stipulated debts, it shall double the deposit.

The effect of deposit is the establishment of guaranty contract, which allows the defaulting party to pay a certain default cost.

Earnest money and liquidated damages can not be applied simultaneously.

Is the advance payment a deposit or a deposit?

The difference between the deposit and the deposit is quite different from one word.

Then, is the so-called "deposit" collected on the online shopping platform pre sale, in the end, is it really a deposit, or will businessmen change the concept of "deposit" and avoid restriction?

Han Xiao analysis, in this case, the amount of advance payment should be a deposit.

First of all, the sum has certain guarantee effect.

In the case of pre-sale, merchants can quickly sell products to ensure that goods that have not yet arrived, and adopt a deposit to guarantee consumers to make their own pre purchase behavior, so as to prevent consumers from unilaterally breaking the contract when the goods arrive.

At the same time, in the case of a party's breach of contract, it is not allowed to replace the characteristics of the deposit, which is also to enable consumers to fulfill their contractual obligations as far as possible.

Finally, the deposit contract requires written conclusion as an important element. The form of electronic commerce contract belongs to data message, which is a kind of written contract, and the form of contract formation of network sales is also in line with the conditions stipulated in writing.

Therefore, the amount is a deposit.

The Chinese consumers' Association reminds consumers that after paying the deposit, consumers must pay the balance within the stipulated time to enjoy the price concessions. However, there is actually a problem that consumers can not pay within the stipulated time.

It is suggested that consumers must know the details of marketing activities before paying the "advance deposit".

Beijing city commerce and Industry Bureau responsible person said, has noted the online shopping platform "deposit" and "deposit" terms.

But whether it is "deposit" or "deposit", businesses and platforms can not set unfair and unreasonable provisions to consumers.

Is it reasonable for Hai Tao to return goods?

In view of the reason why some businesses cross border pportation, they refuse to provide seven days' no reason to return goods service for pre-sale goods. Han Xiao believes that this practice is not reasonable.

"Indeed, if there is no reason to return goods for seven days, cross border pport products will cause some problems to the operators, but this is also a risk that operators should bear when operating cross-border commodities, and this risk can not be passed on to consumers."

Han Xiao said that according to the tenth clause and second paragraph of the "Regulations on supervision and management of contract violations" promulgated by the State Administration for Industry and commerce, operators and consumers should enter into contracts with standard terms, and the operator shall not increase the risk of business risk borne by consumers in standard terms.

In such a situation, how should consumers protect their rights? Han Xiao reminds us that the twenty-eighth provision of the Internet paction management regulation stipulates that the third party trading platform operators should establish a system of consumer dispute settlement and self-regulation of consumer rights protection.

Therefore, if the merchant refuses to return the goods in such a format that aggravates the consumer responsibility, consumers can not only complain or report to the industrial and commercial departments above the county where the operator is located, where the network platform is located, or where the consumer is located, it can also be settled by the dispute settlement mechanism of the third party network platform.

China Consumers Association also reminds consumers that the cost of pportation, replacement and maintenance of overseas shopping will be significantly higher than that of domestic shopping. Returns often need to bear high freight rates and taxes, and the burden of proof is relatively large.

Therefore, we should choose a platform with high reputation and good reputation, and have a comprehensive understanding of its related sales policies.

Choose goods carefully, do not return them easily, and avoid unnecessary economic losses.

More interesting reports, please pay attention to the world clothing shoes and hats net.