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Old 12-15-03, 12:34 PM   #1 (permalink)
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Non refundable deposits...

I always like this phrase.
I work in a clothing company as a help desk for computer problems and other things.

THis phrase always intrigued me cause the law cannot let you keep the deposit money you take from customers.

So tecnically, if someone wants his deposit money back, you HAVE to give it back to him. But here is the catch:

You can give it back to him as a discount of the same amount on something else he buys from your store or other paiment method (credit note is one). But you still have to give the equal value back to the client.
Just tought I would post this since I often see people post here allowing for non-refundable deposits.
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Old 12-15-03, 12:43 PM   #2 (permalink)
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Old 12-15-03, 12:59 PM   #3 (permalink)
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Yea well.....if you waste a months time of mine, and decide you cant come up with the remaining money, im going to keep it anyway :P
Take me to court if you wish, but if its clearly stated in an add that the deposit is NON-REFUNDABLE......the buyer should know what they're getting into.

That deposit usually covers housing, heating, feeding, well as the time one has to keep the animal.
So when ppl back out a month later, you have to go through the whole process of selling it again, not to mention all the potential buyers you turned away because you received a "deposit".
So hell ya, im gonna keep it
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Old 12-15-03, 01:06 PM   #4 (permalink)
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i agree with grant vg on this
and hey if your gonna sue someone because they wont give your deposit back if it were me i would counter sue you for the loss in sale and for the food consumed and the housing and all that fun stuff
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Old 12-15-03, 01:09 PM   #5 (permalink)
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We should invent a new term then !

For sale 1.1 ATB 300$

A charge of 75$ is required for the 1st month to cover for food and maintenance. This is payable right away.
If you purchase the animal this charge will be used as a credit in your payment for the animal.

Cornsnakes / JCP / Sinaloan Milk / BRB / Veiled / ATB / WLP / Crested Geckos / Uroplatus Henkeli / Vietnamese Cave gecko / Chinese Cave gecko *What's Available*

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Old 12-15-03, 01:11 PM   #6 (permalink)
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I used to own a computer store and did alot of custom builds for customers. Even though they signed saying that custom orders were non refundable and non returnable and all that jazz at the time of order the end resault is if they want there money back bad enough they are going to get it. Not only that but you could end up giving them back more then just there deposit if the judge don't like you or he thinks you were screwin them around.

Just a thought
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Old 12-15-03, 01:18 PM   #7 (permalink)
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I am saying this because we had people in the beginning who did take the company to court for deposits as low as 25$. So it don't matter if you think he doesn't deserve it, the law will be in his favor.
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Old 12-15-03, 01:59 PM   #8 (permalink)
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I agree with Grant vg, the deposit covers food, heating,and housing and gives the seller piece of mind of whether or not this is a serious buyer or some one who is just impulse buying, as well as giving me the confidence that when I go to pay in full that the snake I picked is the one I recieved. If for some reason a person couldn't purchase the snake at least the breeder has something for the effort.
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Old 12-15-03, 02:24 PM   #9 (permalink)
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Then we shold not call it a deposit a deposit call it a holding fee that covers the primary nesesaties that in turn is deductible from the original price once the animal is paid in full like a mail in rebat kinda thing.
well sounds like it would work but some one would have to call there lawer to see the legal junck and stuff in other words if it is 300$ the I give you 75$ holding fee and come up with the 300$ after and youy give me 75$ back as a rebat.

what do you think
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Old 12-15-03, 02:37 PM   #10 (permalink)
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This site needs a spell checker.

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Old 12-15-03, 03:00 PM   #11 (permalink)
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Grant vg rules......your right bro.......your time is worth something.....I know mine is..$250/hr...and I am not a
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Old 12-16-03, 09:16 AM   #12 (permalink)
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It would be possible to write a contract where the 'deposit' is non-refundable. Nobody bothers to for things with small dollar values, though. If it were a deposit on a $30K construction contract, imagine the contract that might be involved:-)

If you charge a 'holding fee', or a 'reservation fee' that is separate to the purchase price, I believe that it would truly be non-refundable.

And personally, I'm with Grant. If I charged a non-refundable deposit (which I never have for anything), I wouldn't give it back if the person changed their mind.

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Old 12-16-03, 09:45 AM   #13 (permalink)
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I think the point of Siretsap posting this is to indicate that it really doesn't matter how anyone feels on the subject ("I don't care I wouldn't give it back"); in the opinion of the courts you will give it back, unfortunately there is not much room for personal opinion. We can't just decide what legalities we would like to abide by in our society.
It sucks for the breeders but unless there is some sort of notarized contract you're out of luck.
P.S. If only there was more honour among men (people), then this wouldn't be an issue as your word is worth much more than some monetary figure, but people just don't think this way anymore as there is so much screwing around.

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Old 12-16-03, 12:42 PM   #14 (permalink)
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it all good to win a court case when someone sues you,
but its still the person that took them to court to get the money off the person. so good luck if that person doesnt wanna pay you they are not gonna pay you back.

when the time comes when i have stuff for sale i will be sure to call it a holding fee and not a deposit, the holding fee will come off the price of the animal purchased.
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Old 12-16-03, 01:12 PM   #15 (permalink)
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breeders might do well to call it a consulting fee that would be subtracted from the cost of the final purchase. Or a housing fee or if someone is on a payment plan for those bigger purchases call it rent to own
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