If the goods are not delivered after payment, it is a breach of contract, and the supplier should bear the corresponding liability for breach of contract. Generally speaking, there are three kinds of compensation in this case: liquidated damages, deposit liquidated damages and compensation (compensation for losses). The first case and the second case need to be agreed in the contract, and the third case generally does not need to be agreed.
1. According to the provisions of the first paragraph of Article 585 of the General Principles of the Civil Law, if there is an agreement on the calculation method of liquidated damages or compensation for losses not caused by goods in the sales contract, you can claim rights from the merchant according to the sales contract. If you shop on online shopping platforms (such as Tmall and Taobao). ), all related party transactions must follow the trading rules of the corresponding platform. Merchants can complain to customer service if they are out of stock, and will make compensation according to the trading rules of the platform (for example, Taobao will make compensation according to the payment amount 10% if it fails to deliver the goods according to the agreed time).
2. According to Article 586 of the Civil Code, if the deposit is clearly stipulated in the sales contract and has been paid, the merchant may be required to double the deposit.
According to Article 584 of the Civil Code, you can claim compensation from the merchants. The loss after payment is generally the interest occupied by funds, and the interest rate generally refers to the one-year loan market quotation (lpr) issued by the People's Bank of China.
In addition, if a merchant still accepts orders and payments while knowing that the goods cannot be supplied or the national policy will be adjusted, then the merchant may be involved in fraud. According to Article 55 of the Law on the Protection of Consumers' Rights and Interests, if a merchant fraudulently provides goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan.
Finally, it is sincerely suggested that the corresponding liability for breach of contract should be clearly stipulated in the sales contract, or the transaction should be conducted on a platform with relatively perfect trading rules. This is not only conducive to safeguarding rights afterwards, but also conducive to reducing the possibility of the other party's default beforehand.
Reference law:
Paragraph 1 of Article 585 of the Civil Code: "The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, or they may agree on the calculation method of the amount of damages for breach of contract."
Article 586 of the Civil Code: "The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be regarded as a change of the agreed amount of deposit. "
Article 584 of the Civil Code: "If one party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, causing losses to the other party, the amount of damages 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; However, it shall not exceed the losses foreseen or should be foreseen by the breaching party when concluding the contract. "
Article 55 of the Law on the Protection of Consumers' Rights and Interests: "If an operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. If there are other provisions in the law, those provisions shall prevail. "