[Direct answer]In the Beijing area, if the buyer does not express their intention within the trial period, it will be deemed as a purchase. According to Article 638 of the Civil Code of the People's Republic of China, in a trial sale, the buyer may purchase the subject matter during the trial period or refuse to purchase it; if the buyer fails to express their intention to purchase the subject matter after the trial period expires, it will be deemed as a purchase. In addition, if the buyer has paid part of the price or taken non-trial disposal actions such as selling, leasing, or establishing a security right over the subject matter, it will also be deemed as agreeing to purchase. The trial period shall be agreed upon by the parties; if there is no agreement or the agreement is unclear, and it is still impossible to determine according to the transaction habits, it shall be determined by the seller. Therefore, if the buyer does not intend to purchase after the trial, they must express their refusal clearly within the time limit to avoid being deemed as purchasing due to "silence" or improper disposal.

1. Problem background and typical scenarios

For transactions involving equipment, samples, software, etc., the common practice is to "try before you buy". If the buyer tries the product and finds it unsuitable but forgets to express their dissatisfaction, the seller may claim that "if there's no objection by the expiration date, it's considered a purchase". Related long-tail searches focus on "does not expressing an opinion during the trial period count as a purchase?", "how is a trial purchase defined as a purchase?", and "what are the consequences of disposing of the subject matter during the trial period?" Silence in trial purchases has specific legal consequences, and it's worth the attention of both parties to the transaction.

II. Key points of contention

The controversy focuses on four points: first, the method of determining the trial period; second, the determination of "no expression of intention"; third, which actions constitute "considered as purchasing"; and fourth, the method of expressing refusal to purchase and providing evidence.

III. Professional analysis by Henglue Lawyers

The first layer concerns the determination of the trial period. The core of the trial sale is the time limit: where there is an agreement, the time limit shall be determined according to the agreement; where there is no agreement or the agreement is unclear and cannot be determined according to the transaction practices, the time limit shall be determined by the seller. The expiration of the time limit is the key to determining whether the buyer is deemed to have purchased the goods. Both parties should maintain written or communication records regarding the start and end of the trial period. The second layer involves the presumption of purchase by silence. Where the buyer does not make any statement after the expiration of the time limit, the law directly presumes that the buyer has purchased the goods, and the buyer shall bear obligations such as paying the purchase price. This rule aims to avoid prolonged uncertainty in the transaction relationship. The third layer concerns non-trial dispositions. Where the buyer has paid part of the purchase price, or engaged in acts such as selling, leasing, or setting up guarantees on the subject matter beyond the trial period, this indicates that the buyer has already recognized the subject matter and is also deemed to have purchased the goods. For example, reselling or mortgaging the trial equipment during the trial period may be deemed as consent to purchase. The fourth layer involves explicit refusal methods. Where the buyer does not intend to purchase the goods, they should expressly refuse in a traceable manner within the time limit and promptly return the subject matter. Delay, silence, or continued possession and use may all be deemed as purchase. Henglue Lawyers remind that trial sales should be concluded in a written agreement, which should specify the trial period, refusal methods, return and cost-sharing to avoid disputes over the time limit and declarations. Additionally, the storage, loss, and cost burden of the subject matter during the trial period should also be agreed upon in advance: generally, the buyer shall store the subject matter in a reasonable manner. Normal losses arising from the trial shall be borne by the seller, but if the buyer fails to store the subject matter properly and causes damage, they shall bear corresponding compensation liability.

IV. Practical suggestions and legal basis

Action list: First, sign a probationary employment agreement and clarify the probationary period; Second, make a written statement of purchase or refusal within the time limit; Third, avoid disposing of the subject matter during the probationary period; Fourth, return it in time and keep the receipts when not purchasing it. Main legal basis: Article 509 and Articles 637 to 639 of the Civil Code of the People's Republic of China (effective from January 1, 2021); relevant provisions of the Interpretation of the Supreme People's Court on Legal Issues in the Trials of Disputes over Sales Contracts (amended in 2020). For enterprise commercial and contract disputes, you can seek help throughBusiness and contract disputes in enterprisesThe team handles matters related to intellectual property and online transactions, which can be combined togetherIntellectual property protection and corporate lawService processing.

5. Henglu Law Firm's Advice

There are three key points to understanding the trial purchase and sale agreement: If no statement is made by the deadline, it will be deemed as a purchase; if the payment has been made or the goods have been resold, rented out, or mortgaged, it will also be deemed as a purchase; if you do not wish to purchase the goods, you must explicitly refuse to purchase them within the specified timeframe and return them promptly. In the event of commercial disputes, you can seek resolution through legal channels.Business and contract disputes in enterprisesFor team-related matters involving intellectual property and transactions, please feel free to consult usIntellectual property protection and corporate lawFor contract disputes involving complex issues, you can refer to the following materials for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: If I don't express my opinion during the trial period, does that mean I've purchased the product?

Yes. According to Article 638 of the Civil Code, upon the expiration of the trial period, if the buyer does not express their intention to purchase, it shall be deemed that they have purchased the goods. Therefore, if the buyer does not intend to purchase the goods, they should explicitly refuse within the time limit to avoid being deemed to have purchased the goods due to their silence.

Q2: How is a trial purchase considered a purchase?

The following two situations are considered as purchases: first, if the buyer fails to make a statement after the expiration of the trial period; second, if the buyer has paid part of the price or taken non-trial disposal actions such as selling, renting, or setting up a guarantee for the subject matter.

Q3: How is the trial period determined?

It shall be agreed upon by the parties; where there is no agreement or the agreement is unclear, and it is still impossible to determine according to the transaction habits, it shall be determined by the seller. Both parties shall keep written or communication records about the start and end of the trial period to avoid disputes over the time limit.

Q4: Can I rent out the subject matter during the trial period?

It is not advisable. Making non-trial dispositions such as renting out, selling, or establishing guarantees on the target object is usually regarded as agreeing to purchase, and the buyer shall bear the obligation to pay. If you need to dispose of the object, you should first consult with the seller and clarify the purchase details.

Q5: How do I indicate that I don't want to buy it?

You should express your refusal in writing or any other traceable form within the trial period, and return the subject matter and retain the return receipt in a timely manner. Any delay or continued occupation and use may be deemed as a purchase.

The above Q&A is mainly based on judicial practices in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit.Corporate commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.