Back! Back! Back! After staying up late and fighting hard, the last payer finally ushered in the return day. At the moment of receiving the express delivery, the joy of the last payer grabbing goods turns into the tragedy of returning goods, only to get back the deposit paid by impulse. However, not all consumers are lucky enough to get back the deposit. For those who forget to pay the balance within the prescribed time, they are in the “pain” of remorse. < / P > < p > “balance payer” comes from the pre-sale activities of e-commerce platform, which refers to the consumers who pay the deposit, participate in the pre-sale activities, and then need to pay the balance. < / P > < p > the reason why consumers choose pre-sale products is that they can provide more preferential activities or seize limited products. However, not all consumers can make the best of their wishes. Many netizens who participated in the pre-sale activities Tucao said, “we might as well make complaints about the spot price.” < / P > < p > “I bought 99 two cans of Dauphin scrub cream in Li Jiaqi’s live studio, but my friend bought a can of 49.5 that day.” this made netizen @ unknown netizen Lei Zai feel very regretful, “I knew I didn’t need to rob, I only need one can.” It is not only a waste of money, but also a waste of time and energy. < / P > < p > netizens @ vowed to get rid of procrastination. They believed that the initial deposit was really due to the goods sold out of stock in the double 11 shopping malls. They can estimate the quantity in advance, but now the merchants are all aiming to store out of stock. “Some deposits can really offset the price, but now the same goods, pay the deposit is not as cost-effective as the day to buy.” The deposit that has been “changed” not only does not make consumers taste sweet, but also increases the trouble of refund. < / P > < p > “I didn’t know that this year’s double 11 had two waves of pre-sale, and paid a deposit to wait for the double-11”. As a result, netizens @ Nuo 131477, who missed the time to pay the balance of the payment, missed He said angrily: “I went to the seller and the seller said that the rules were like this, so they bullied me not to go to Taobao?” < / P > < p > according to the black cat complaint platform, the keyword “forget to pay the balance” was searched. There were 98 related complaints, most of which were during the double 11. < / P > < p > the user 7522365163 filed a complaint on November 14, claiming that he forgot to pay the balance after he paid the deposit when he bought the goods in the Starbucks tmall flagship store. He communicated with the merchants that the deposit could be refunded and that he had to pay the balance. At present, the payment channel has been closed for the balance link, and the merchant refused to return the deposit. < / P > < p > the deposit can be paid before the official sale, but the time to pay the balance is quite limited, which makes many forgetful consumers suffer. Even if the consumer who has paid the balance of the payment wants to return the product ordered on impulse, he will experience the embarrassment that the goods have been sent before the refund is made. The result can only be passive receipt of goods, or helpless return, bitter not only consumers, but also the express delivery brother who travels thousands of miles to deliver goods. < / P > < p > “the goods are put in the express cabinet, and they are sent back to me directly after they are picked up.” the courier in a residential area has no choice but to say, “why do you buy so much on double 11, and you have to return it when you buy it!” < / P > < p > what is the intention of the deposit pre-sale mode which makes consumers and express delivery brother miserable? Is it reasonable and legal that you can get back the deposit after paying the balance? Sina Technology interviewed Guo Xiaoming, a lawyer of zhuo’an law firm in Sichuan, Sui Bing, partner lawyer of Shanghai Jingheng law firm, Lei Jiamao, lawyer of Guangzheng law firm of Guangxi, Jiang Zhenxiang, vice president of Bijie Law Association, and Li Xuejun, director of Heilongjiang Haiwen law firm. < / P > < p > the deposit can be returned only after the balance payment is paid, or the deposit can be returned together with the deposit when returning the goods. This method is in line with the law, but there is a reasonable dispute. < p > < p > Guo Xiaoming, a lawyer of zhuo’an law firm in Sichuan Province, explains, “this method is actually a legal problem at two levels. After the deposit is paid, the balance must be paid, otherwise the deposit will not be returned, which is a penalty for the deposit; after the balance payment or after receiving the goods, it can be returned, which belongs to the problem of returning goods without reason within 7 days, or negotiating to terminate the contract.” According to Lei Jiamao, a lawyer of Guangzheng law firm in Guangxi, the penalty of deposit is in line with the contract law, and its function is to ensure the establishment and performance of the contract. If the party who pays the deposit breaks the contract, the receiving party has the right to confiscate the deposit. On the contrary, if the party receiving the deposit breaks the contract, the party paying the deposit has the right to ask for double return of the deposit. Therefore, from this point of view, it is legal that the deposit will not be refunded if the consumer fails to pay the balance within the specified time. < p > < p > from the point of view of 7-day unreasonable return, its rationality is questionable. According to the provisions of the “administrative measures for online transactions”, in addition to purchasing special commodities ordered by consumers, fresh and perishable, consumers have the right to return goods within seven days from the date of receiving the goods, without giving reasons. This means that consumers can not refund the deposit, but they can wait until they receive the full refund, which is unreasonable. < / P > < p > “we could have stopped the loss in time, but we had to wait for the express to sign for the return and refund, which would inevitably lead to a waste of resources.” The problem of resource waste pointed out by lawyer Lei Jiamao does exist. < / P > < p > just the day after the double 11, the word “refund” was on the list of all kinds of hot searches on November 12. However, due to the rapid speed of express delivery this year, many consumers have already delivered goods before they have time to refund. Return has become the only possibility, which makes the express delivery lonely. In the view of lawyer Jiang Zhenxiang, vice president of Bijie Lawyers Association, if we have to wait for merchants to deliver goods and consumers receive goods, and then apply the seven day unreasonable return provisions of the consumer rights and interests protection law to require businesses to refund, this will undoubtedly waste more social resources, and businesses will suffer greater losses. < / P > < p > Why are businesses willing to take such risks? According to lawyer Guo Xiaoming, on the one hand, it is necessary to create a sense of urgency and reduce the decision-making cycle of consumers. On the other hand, more importantly, the deposit pre-sale can bind and restrict consumers from the marketing means and legal effect, so as to reduce the probability of consumers’ repentance. In the view of Li Xuejun, director of Heilongjiang Haiwen law firm, under the condition that consumers agree to the online platform or e-commerce collecting deposit and non refundable transaction mode, if consumers do not choose to agree to the “deposit non refund” option, consumers will not be able to purchase goods, let alone get preferential treatment. The network platform provides consumers with other choices to purchase goods or services, and consumers can only accept them passively. < / P > < p > some netizens call this kind of compulsive behavior “bandit”. As an excellent engineer, netizen @ points out that “(some people) simply don’t notice the time limit, or they are too busy to forget. After 24 hours, the order will automatically enter the cancellation state, so that consumers can’t pay the balance and do not refund the deposit. I think it’s banditry.” < / P > < p > “in order to collect a single and buy a full discount, I can only say that it’s better not to be a little bit damaged, but rather to be too damaged.” in netizens @ I think my DPS can be saved. It seems that if the price is used up, refund will be made when the price is exhausted, and more full discount will be given to yourself by using the discount given by the merchant. This kind of behavior should bear the consequences by himself. < / P > < p > some consumers return goods and refund in order to make up for the reduction, which also brings the pressure of goods preparation and the loss of resources. In order to reduce consumers’ demand for goods in advance, it is necessary to reduce consumers’ demand for goods in advance. < / P > < p > although the law clearly stipulates that the deposit will be lost if the balance payment is not paid under the agreed conditions, in which case the consumer needs to bear the responsibility, but it is not mandatory. Lawyer Guo Xiaoming pointed out: “the penalty for deposit is only a standard stipulated by law. If both parties can reach an agreement through consultation and the business is willing to return the deposit, the law will not interfere with it. Therefore, for this part of consumers, it is suggested to recover the deposit loss through negotiation with the merchants. ” < / P > < p > consumers who fail to negotiate with merchants and are not willing to throw down the deposit can still complain to the e-commerce platform, seek the help and solution of the platform customer service, and can also complain to the Consumer Association, Sina black cat and other platforms. < / P > < p > in order to avoid conflicts and frictions caused by similar problems, it is better for businesses to change the pre-sale mode and replace “deposit” with “deposit”. Because there are no corresponding provisions in the law, the “deposit” does not have the legal guarantee significance, and it can not be applied when any party fails to perform its obligations. Sui Bing, a partner lawyer of Shanghai Jingheng law firm, suggested that “deposit” should be directly replaced by “deposit” in similar activities in the future. The former has no guarantee nature, and consumers can refund directly and without any reason, so as to reduce the waste of resources. < / P > < p > “in this year’s” double 11 “mode of non refundable deposit, the commercial operation of network platform in the name of” deposit “is far from the concept of deposit in the legal sense”. In the eyes of lawyer Li Xuejun, this marketing method is in violation of legal provisions and should be restricted by relevant regulatory authorities. According to Lei Jiamao, a lawyer, a clause that consumers can refund deposit and not pay the balance is added in the administrative measures for online transactions. From the perspective of protecting consumers’ rights, since consumers can return goods unconditionally after receiving goods and have the right of unconditional return, the relevant refund right before delivery should be given more protection. < / P > < p > after the carnival of buying and buying, all kinds of tests waiting for consumers and businesses are on the stage. How to make the “refund person” happy to recover the loss after “impulse” needs the joint efforts of businesses and consumers. Global Tech