A woman went to a jewelry store to buy a diamond ring on the eve of her wedding. At that time, after choosing her favorite diamond ring, she asked the price of the shopping guide. The shopping guide said that the diamond ring is an ordinary diamond ring, and the price is 6.5438+0.7 million yuan. Because the diamond ring is a customized product, it is necessary to pay in advance and the customized party can pick up the goods. After asking about the price, the woman signed a contract with the jewelry store and paid a deposit of 50 thousand yuan. The next day, when the woman came to the store to pick up the diamond ring, the staff in the store told me that the price of the diamond ring was 250 thousand yuan. Because the shopping guide made a mistake in quoting yesterday, the high-end diamond ring worth 250 thousand was said to be 6.5438+0.7 million yuan.
So the woman wanted to ask the store to refund a deposit of 50,000 yuan instead of buying a diamond ring. However, the store said that the quotation error is indeed a mistake, but the diamond ring is privately ordered and expensive, so it may not be appropriate to change it to someone else's hand, so the deposit cannot be refunded. If the deposit is refunded, personal tailor's diamond ring will not be sold, and the store will lose money, but it can increase the price by 200,000 to buy a customized diamond ring of 250,000.
I have mentioned the provisions of the law on deposit in the previous paragraph. If you want to know more, you can pay attention to my previous issue and I won't discuss it here. Here I only discuss whether the deposit of 50,000 yuan can be fully refunded.
Let's start with the nature of the contract.
The nature of the contract signed by the store and the lady is a sales contract. Specifically, the diamond ring selected by the counter lady in the store is a private customized diamond ring, and the diamond ring in the counter is only for the buyer to choose, so it should belong to the sample, so the contract belongs to the sales contract based on the sample. According to the provisions of the contract law, the parties to the contract who buy and sell by samples shall seal up the samples and explain the quality of the samples. The quality of the diamond delivered by the seller, that is, the store, should be the same as the quality of the sample itself and the quality described. In this case, the price given by the shopping guide is the ordinary version of the diamond ring 1.7 million yuan, while the actual diamond ring to be delivered is the high version of 250,000 yuan. Although the quality of the diamond ring to be delivered is higher than that of the ordinary version, its description is still inconsistent with the quality of the sample.
When the quality of the sample agreed in the contract is inconsistent with the written description, if both parties cannot reach an agreement in the dispute, and the appearance and internal quality of the sample have not changed after being sealed, the sample shall prevail. For example, in this case, the diamond ring for the seller's choice is actually a high-profile diamond ring with a price of 250,000 yuan, but when signing the contract, both parties agreed that the high-profile diamond ring is an ordinary diamond ring with a price of 6.5438+0.7 million yuan. At this time, the sealed sample is actually a high-matching diamond ring, but the description in the contract is an ordinary diamond ring, and the price is 6.5438+0.7 million yuan. If there is any dispute between the two parties when the goods are delivered the next day, the sample shall prevail. Therefore, the lady can ask the store to deliver a high-grade diamond ring with an actual price of 250,000 yuan at a price of 6.5438+0.7 million yuan.
If the appearance and internal quality change, or the parties are controversial about whether the change has occurred and cannot be ascertained, the written explanation shall prevail. In this case, if the sample diamonds for people to choose change, or if there is a dispute between the two parties, the written explanation shall prevail, that is, Ms. Wang can also ask the store to perform the obligation of reproducing and delivering the diamond ring according to the 6,543,800+7,000 ordinary version agreed in the contract.
If the store doesn't deliver high-grade diamonds of 250,000 yuan and make ordinary diamonds of 1.7 million yuan, the store will breach the contract, and the lady can ask the store to double the deposit according to the deposit penalty. Of course, 50,000 yuan in this case is not all down payment, of which only 34,000 yuan is regarded as down payment, and the rest 1.6 million yuan should be returned as unjust enrichment, so the lady has the right to ask the store to return 3.4 * 2+1.6 = 84,000 yuan.
From this point of view, it is the most cost-effective for miss to ask the store to send customized diamonds!