Hubei wins the championship: what should I do if I encounter a buyer who applies for a refund and does not return it?
If consumers encounter refund problems during online shopping, they can choose to negotiate with merchants. If the negotiation fails, the coordination solution can be reported. But many sellers should have encountered the same situation as winning the championship, that is, the buyer only wants to refund, not return, the reason is that the courier station is far away from home, or what is a waste of his time, etc., for various reasons not to return, encounter this How should we handle this situation?
- Usually after submitting the refund application, the seller will process it within 1-3 days. After the seller agrees to the refund request, the refund amount will be directly credited to the original payment account.
Legal Analysis: This is illegal. It is illegal for a buyer to refund a refund without returning it. The seller may negotiate with the buyer, and if the negotiation fails, it may file a lawsuit in the people’s court. It may also constitute a crime if the price of the goods is high.
Legal basis: Article 577 of the Civil Code of the People’s Republic of China, if the parties fail to perform their contractual obligations or fail to perform their contractual obligations as agreed, they shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
- Legal consequences of successful refund but not returning
Legal analysis: 1. Bear the corresponding liability for breach of contract. 2. If one party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equal to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract. 3. In case of breach of contract by both parties, each party shall bear corresponding responsibilities.
Legal basis: “Civil Code of the People’s Republic of China”
Article 582 If the performance does not conform to the agreement, it shall be liable for breach of contract according to the agreement of the parties. If there is no agreement on the liability for breach of contract or the agreement is not clear, and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to request the other party to undertake repair, rework, or replace or return the goods according to the nature of the subject matter and the magnitude of the loss. , lower price or remuneration and other breach of contract liabilities.
- Article 584 If a party fails to perform its contractual obligations or does not fulfill the contractual obligations as agreed, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; but shall not exceed the amount of the breach of contract. losses that the parties could or should have foreseen at the time of entering into the contract.
Article Five hundred and ninety-two if both parties breach the contract, each party shall bear corresponding responsibilities. If one party’s breach of contract causes losses to the other party, and the other party is at fault for the occurrence of the losses, the corresponding amount of compensation for losses may be reduced.
Based on the explanations of the championship education above, it should be clear to everyone that we have legal provisions to protect us in this situation, so we do not need to make compromises for buyers who are unreasonable or unable to communicate.