Traditional Culture Encyclopedia - Photography and portraiture - If I am not satisfied with the wedding photos, can I ask for a refund?
If I am not satisfied with the wedding photos, can I ask for a refund?
According to the relevant provisions of the contract law:
Article 112 If one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party has other losses, it shall compensate for the losses.
Article 113 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Article 114 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.
If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.
Extended data:
According to the relevant provisions of the Contract Law of People's Republic of China (PRC), requirements for contract performance:
Article 60 The parties shall fully perform their obligations as agreed.
The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.
Article 61 After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
Article 62 Where the parties have not clearly agreed on the contents of the contract and cannot be determined according to the provisions of Article 61 of this Law, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with national standards and industry standards; If there is no national standard or industry standard, it shall be implemented according to the usual standard or the specific standard that meets the purpose of the contract.
(2) If the price or remuneration is not clear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions.
(3) Where the place of performance is unclear, if money is paid, it shall be performed at the place where the party receiving the money is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligations is located.
(4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary preparation time.
(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract.
(six) if the burden of performance expenses is not clear, it shall be borne by the party performing the obligation.
Article 63 Where government pricing or government-guided pricing is implemented, if the government price is adjusted within the delivery period agreed in the contract, the pricing shall be based on the price at the time of delivery. If the subject matter is delivered late and the price rises, the original price shall prevail; When the price drops, the new price shall prevail. Overdue extraction of the subject matter or overdue payment, in case of price increase, according to the new price calculation; When the price drops, the original price shall prevail.
Article 64 If the parties agree that the debtor shall perform the debt to a third person, if the debtor fails to perform the debt to the third person or the performance is not in conformity with the agreement, it shall be liable to the creditor for breach of contract.
Article 65 If the parties agreed that the third party should perform the debt to the creditor, and the third party failed to perform the debt or the performance of the debt did not conform to the agreement, the debtor shall be liable to the creditor for breach of contract.
Article 66 If the parties owe debts to each other and there is no order of performance, they shall perform at the same time. One party has the right to reject the performance requirements of the other party before performance. When the performance of the debt does not conform to the contract, one party has the right to refuse the corresponding performance requirements of the other party.
Article 67 Where the parties owe debts to each other, they shall perform them in sequence. If one party fails to perform first, the other party has the right to refuse its performance requirements. If the first performing party fails to perform the contract, the second performing party has the right to reject its corresponding performance requirements.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law
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