"deposit" and "deposit",

Can you tell me apart?

Although they all read the same thing, there is a huge difference in the legal nature of the two.

A few days ago, Xiao Pu from Chenggong District, Kunming fell in love with a pet cat on the Internet. After paying the seller 200 yuan, the two parties agreed to trade in the main urban area. However, after seeing the real thing, Xiao Pu was not satisfied. Whether the 200 yuan could be refunded, was it the "order" next to the word "联" or the "联大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大”

Policeman: “You have to discuss with her (seller). ”

Citizen Xiaopu: "I have already discussed it with her. If she doesn't listen, I can only call the police. ”

The two sides were quarreled. Xiao Pu called the police and told the police that after seeing the photos of the pet cat on the Internet, she had paid the seller 200 yuan in advance. At that time, both parties agreed that this was just intentional money. If they were not satisfied after seeing the real thing, the seller could refund it. However, they did not expect that after coming from afar, Xiao Pu was disappointed.

Police officer Jin Lingbo of the Fifth Brigade of the Special Police Detachment of Kunming Municipal Public Security Bureau: "She saw the information on selling cats on WeChat. At that time (seller) said it was a cat like Jin Jian'an, but when she saw this cat, she felt that it was a difference from the picture. ”

Citizen Xiaopu: "This is originally, I saw (pictures) all in gold, but I went (watched by the seller's house), it was mostly black. ”

Policeman: "What's going on with this cat? Will it change color, will it change color according to different environment?"

At the scene, the seller explained to Xiaopu the reason why there is a difference between the picture and the actual object, but Xiaopu still felt that he liked the cat in the picture and firmly demanded a refund. Since the two parties did not sign any agreement or contract, the dispute began again.

Police officer Jin Lingbo of the Fifth Brigade of the Special Police Detachment of Kunming Municipal Public Security Bureau: "The person who called the police believed it was an agreement deposit, and in our legal way it was the "order" next to the word "character". The cat sold was considered a "decision" of the treasure gait. If you have already paid it, you cannot refund it again, so the two parties have differences on this. ”

Seeing that the two sides had not reached an agreement, Xiao Pu had to return to Chenggong. After the police patiently mediated for nearly half an hour, both parties made a move and settled the matter by the seller's refund of Xiao Pu 100 yuan.

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

The police introduced that "deposit" and "deposit" are not only different in nature and characteristics, but also in the nature of the guarantee. However, under normal circumstances, the "deposit" next to the word "deposit" can be returned through coordination between the two parties, but the "deposit" on the Baogaitou is usually a guarantee method, only if it encounters the signing recognition. The purchase contract can only be refunded if it is not standardized.

"Download" has a guaranteed effect and cannot exceed 20% of the total price. If the merchant breaches the contract, he will bear the liability for paying a double "Download" to the consumer; if the consumer breaches the contract, the merchant will not return it.

"Download" has the nature of an advance payment, but it does not have the nature of the guaranteed nature of the first "Download". Regardless of whether the merchant or consumer breaches the contract, it can be executed in accordance with the prior agreement between the two parties.

Therefore, before making a payment, consumers must carefully and reasonably make arrangements and make careful choices.