The operator of the goods or services provided by way of pre-payment fails to provide the agreed upon shall fulfill the agreement or return the pre-payment in accordance with the requirements of the consumer.

In practice, the operator in the pre-payment consumer relations in the breach of contract there are two main situations:

1, incomplete performance, the operator to provide goods or services do not comply with the contract, such as in the beauty salon services, beauty salon commitment to consumers according to the amount of money deposited in advance by different levels of hair stylists to provide services, but in the subsequent fulfillment of the process of arbitrarily lowering the service standards; in the restaurant group purchase service, the restaurant requires consumers to make reservations in advance, but the restaurant limits the number of group purchase meals resulting in delays in contract fulfillment, etc.;

2. is not fulfilling the contract, such as the operator's suspension and closure of business does not fulfill the contract, so that the consumer's rights are out of the question.

"The Chinese people's *** and the protection of consumer rights and interests of the state" Article 53 The operator to provide goods or services in the form of pre-payment, shall be provided in accordance with the agreement. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment in accordance with the requirements of the consumer; and it shall bear the interest on the advance payment, and the reasonable expenses that the consumer must pay.

Article 48 If an operator provides goods or services under any of the following circumstances, except as otherwise provided in this Law, he shall bear civil liability in accordance with the provisions of other relevant laws and regulations:

(1) the goods or services are defective;

(2) they do not have the performance of the goods that they should have and are not described at the time of sale;

(3) they do not conform to the requirements set forth in the goods or their packaging;

(3) they do not conform to the requirements set forth in the goods or their packaging. ) does not comply with the commodity standards used in the commodity or its packaging;

(4) does not comply with the quality of the commodity description, physical samples and other means to indicate the state of quality;

(5) the production of commodities that the state has ordered to be eliminated, or the sale of invalid, deteriorating commodities;

(6) the sale of insufficient quantities of commodities;

(7) the content of the service and the costs in violation of the agreement;

(viii) intentional delay or unreasonable refusal of the consumer's request for repair, rework, replacement, return, replenishment of the number of commodities, refund of the purchase price and service costs or compensation for damages;

(ix) other circumstances provided for by laws and regulations to undermine the rights and interests of consumers.

Operators who fail to fulfill their safety and security obligations to consumers, causing damage to consumers, shall bear tort liability.