Last month, Mr. Minyue Yue planned to renovate his house for the second time, and happened to meet Yunnan Chuangyi Decoration Engineering Co., Ltd. in a promotional activity . After the exchanges between the two parties, Mr. Yue signed a housing design contract with the other party and paid a deposit of 1200 yuan. A few days later, Mr. Yue formally signed an interior decoration contract with the decoration company, and paid a deposit of 5,000 yuan again.
Because it was a second decoration, Mr. Yue worried that the valuable furniture in the house would be damaged during the decoration, so he asked for the protection of furniture to be written into the contract, but the other party refused. The decoration company told him that the second decoration will definitely cause damage to the floor in the house. If Mr. Yue must write this clause into the contract, he must pay a furniture protection fee of 1,500 yuan.
Decoration company: cancel the contract and pay liquidated damages
Feeling wronged, Mr. Yue decided to return the deposit, but he soon discovered that it was not easy to return the money. "There is a clause in the decoration contract that Party B shall not return the deposit for any reason." Mr. Yue said that when he signed the contract at the time, he did not notice this clause.
On the afternoon of June 2nd, Mr. Yue came to the decoration company again to consult about the refund. The staff of the other party believed that the terms of the non-refundable deposit already existed when the contract was signed, and Mr. Yue should read it clearly when signing the contract. "If Mr. Yue insists on unilaterally canceling the contract, he will have to pay a 10% penalty."
Latest progress: get a full refund
After negotiation, Chuangyi Decoration proposed that if they continue to perform the contract, they can make concessions, "Without paying a protection fee of 1,500 yuan, we will provide a warehouse for Mr. Yue to place furniture. If the home such as the floor is damaged during the decoration, The decoration company is responsible. "But Mr. Yue refused," Having reached this point, I have lost my trust in the company. "
On the afternoon of the 3rd, Mr. Yue informed the reporter that he had received a full refund from the decoration company and said he was satisfied with the decoration company's handling.
Lawyer reminds: deposit is different from deposit
"There is indeed a problem with the format clause of non-refundable deposits, but it currently exists in all walks of life, and it cannot be simply said that it is the overlord clause." Lawyer Wang Chenglei of Meilin Law Firm said that for this format clause, when signing a contract , Consumers must be reminded in advance, otherwise the clause is invalid.
The deposit is different from the deposit, "It means that you have approved the contract with the decoration company, so once the breach of contract is to be compensated." So the lawyer reminded that when signing the contract, be sure to keep your eyes open to avoid similar troubles. function forumhottag_callback (data) {tags = data;} parsetag ();
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