1. Both parties have signed a deposit contract, which should be fulfilled in principle;
2. Due to the consumer's breach of contract, the deposit may be required to be returned;
3. If the deposit contract is not signed, you may request a refund;
If the other party refuses to return the goods, it can be solved by complaining to the Consumers Association or the industrial and commercial department.
Deposit classification:
1, default deposit, the most common in practice, that is, after accepting the deposit, one party fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, it shall be dealt with according to the penalty of deposit;
2. The contract deposit means that the parties agree to pay the deposit as a guarantee for concluding the main contract. If the party paying the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude a contract, it shall return the deposit twice;
3. Agree on the deposit, that is, agree that the deposit should be paid as a prerequisite for the establishment or entry into force of the main contract. Although the party paying the deposit has not paid the deposit, but the main contract has been performed or the main part has been performed, it does not affect the establishment or effectiveness of the main contract;
4. The deposit agreed in the certificate is based on the deposit as evidence for concluding the contract;
5. Termination of the deposit means that the party paying the deposit can terminate the main contract at the expense of losing the deposit as agreed, and the party receiving the deposit can terminate the main contract at the expense of double the deposit.
To sum up, money as a guarantee and deposit refers to a certain amount of money paid by one party to the other party in advance or other substitutes agreed by the parties to ensure the realization of creditor's rights. The deposit is a kind of guarantee. Because the deposit is paid in advance and the amount of the deposit is clear in advance, the application of the deposit penalty can urge both parties to perform consciously and play a guarantee role.
Legal basis:
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.
Article 587
If the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.