[Direct answer]In the Beijing area, if the trial period for a trial purchase expires and the buyer fails to express whether they wish to purchase the subject matter, it shall be deemed that they have purchased it according to law. According to Article 638 of the Civil Code of the People's Republic of China, if the buyer fails to express their intention within the trial period, it shall be deemed that they have purchased it; if the buyer has paid part of the price during the trial period, or has carried out acts such as selling, leasing, or establishing a security right over the subject matter, it shall also be deemed that they have agreed to purchase it. If the trial period is not stipulated or the stipulation is unclear, and it still cannot be determined according to Article 501, the seller shall determine it (Article 637); if the goods are damaged or lost during the trial period, the risk shall be borne by the seller (Article 640). In other words, silence during the trial period usually means that the buyer has purchased the goods, and they may have to pay the price upon expiration; if they do not wish to purchase the goods, they should expressly refuse in a traceable manner during the trial period. For reference, contract clauses should be carefully reviewed.Business and contract dispute resolution services for enterprises.

1. Problem background and typical scenarios

Trial purchases are very common in corporate procurement and consumer scenarios: software systems are offered for a 30-day free trial before deciding whether to purchase; equipment is first installed for trial use and then paid in full if satisfied; vehicles, building materials, and office equipment are delivered on a "use first, pay later" basis. Often, the parties only have verbal agreements, with no written clauses regarding the length of the trial period, trial fees, or refusal methods. After the trial period ends, the buyer's staff only focus on the user experience and ignore the deadline, failing to express their position in time. The seller may claim that the buyer has purchased the goods and demand payment, leading to disputes between the parties. Such disputes typically depend on whether the trial terms are clear, whether the trial period has expired, and whether the buyer has made payments or disposed of the goods during the trial period. For cases involving price recovery and enforcement, relevant provisions can be referenced accordingly.Creditor-debtor relations and enforcement case servicesHandle it.

II. Key points of contention

The disputes focus on three issues. Firstly, whether the trial period has expired and the starting point: how to determine the starting date and the length of the period directly determines when the "deemed purchase" triggers; if the agreement is unclear and the parties cannot reach a supplementary agreement, the seller shall determine it. Secondly, whether the buyer has the act of "deemed agreeing to purchase": in addition to paying part of the price, leasing, selling, and establishing security rights, there are also differences in practice about whether "continuing to use it after the expiration date" and "reselling it in one's own name" can be deemed as implied purchase. Thirdly, whether the expression of refusal effectively reaches the seller within the trial period, and how to share the trial fee and the risk of damage to the goods. For transactions involving large-scale equipment and engineering materials, reference can be made to the relevant provisions.Real estate sales and construction project servicesClarify the boundaries of delivery and acceptance.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling disputes over sales contracts, the most common pitfall in trial sale disputes is "oral trial and lack of written agreements": the parties only communicate via WeChat, saying "just give it a try", with no agreements on the trial period, rejection methods, or usage fees. After the expiration of the trial period, each party has a different interpretation of the situation. Judges usually first review whether there is a trial sale agreement, then examine whether the trial period has expired, whether the buyer has made payments or disposed of the goods, and finally determine whether the rejection notice was delivered to the seller within the prescribed period. Hengluo Lawyers typically recommend the following: signing a written trial sale agreement before the trial period, clearly defining the start and end dates of the trial period, the standard of trial fees, rejection methods, and conditions for returning the goods; if a rejection occurs during the trial period, it must be made via traceable methods such as WeChat, email, or letters, and the return of the goods must be arranged simultaneously; if there is a genuine intention to purchase, the price and payment arrangements must be confirmed before the expiration of the trial period. In the context of bulk purchases by enterprises, it is advisable to utilize relevant legal instruments to protect their legitimate rights and interests.Intellectual property protection and corporate legal servicesCarry out a compliance review of the contract template.

IV. Practical suggestions and legal basis

The legal basis is Article 637 of the Civil Code of the People's Republic of China (effective January 1, 2021) (rules for determining the trial period), Article 638 (if no statement is made upon expiration of the trial period, it shall be deemed as a purchase), Article 639 (burden of usage fees), Article 640 (assumption of risks during the trial period), and Article 510 (supplementary determination of unclear agreements). Practical suggestions: First, verify the contract's provisions on the trial period and refusal methods; Second, if you do not want to purchase, explicitly refuse in writing or by other traceable means during the trial period, and retain evidence of the other party's receipt; Third, if you have already paid or disposed of the subject matter, be vigilant against the risk of being deemed as agreeing to purchase; Fourth, if you still need to use the item after the expiration of the trial period, promptly negotiate to extend the trial period or confirm the transaction; Fifth, in the event of a dispute, organize the trial agreement, communication records, and payment receipts, and assert your rights as soon as possible. For debt recovery, you can proceed accordingly.Creditor-debtor relations and enforcement case servicesAdvance.

5. Hengluo Law Firm's Reminder

In the trial purchase and sale, "silence" usually equals to "buying". If you don't want to make a deal, don't wait until the expiration date to express your position. You should actively and clearly refuse and keep the evidence during the trial period; if you really want it, it is also advisable to confirm it during the trial period to avoid disputes over the price and usage fees. For unclear trial terms, if no supplementary agreement can be reached upon expiration, the seller shall determine the deadline. The party in a passive position should take action in advance. If you have any questions about the validity of the trial terms or the settlement of the price, it is recommended to consult a lawyer for advice.Special services and other case-related servicesMake an appointment for an assessment to identify potential risks at an early stage.

VI. Frequently Asked Questions

Q1: If I don't express my opinion after the trial period ends, and the seller says I've bought it, can I refuse to acknowledge it?

It's generally difficult to assert this. Article 638 of the Civil Code clearly stipulates that if the buyer fails to express whether to purchase the goods after the expiration of the trial period, it shall be deemed that the buyer has purchased the goods, and this rule does not require the seller to give a separate reminder. The exceptions are: the trial period has not yet expired (the starting point or the term is unclear and has not been supplemented and determined), the parties do not actually have a trial purchase agreement, or you have already explicitly refused and provided sufficient evidence during the period. If you have paid part of the price during the trial period, or carried out acts of disposing of the goods such as selling, leasing, or establishing a security right, it shall be deemed that you have agreed to purchase the goods, and there is no controversy about this. It is recommended to first fix the trial agreement and communication records, and let a lawyer evaluate whether there is room for reversal, rather than passively delaying the process.

Q2: What evidence should I prepare for such disputes?

The core evidence includes: the sales contract or trial agreement (to prove the trial terms, duration, and method of refusal), delivery receipts for the subject matter (delivery notes, signature records, to prove the start date of the trial period), communication records (WeChat, emails, letters, to prove whether the refusal was explicitly expressed and the arrival time), payment receipts (whether partial payment was made), records of the use and disposition of the subject matter (whether it was rented out, resold, or used as collateral), and the seller's reminders or settlement receipts. The organization of the evidence should focus on three points: whether the trial period has expired, whether the refusal was effectively delivered within the period, and whether there were any acts that could be construed as consent. This will help form a complete timeline, and the more solid the evidence is, the easier it will be to determine the allocation of responsibilities.

Q3: How much do lawyers' fees and litigation costs amount to for suing in such disputes?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees", based on the amount of the litigation request (usually the principal of the loan and the breach of contract penalty). The losing party shall bear the fees, and the party who partially wins and partially loses shall share the fees proportionally. There is no unified government pricing for attorneys' fees. Attorneys' fees are usually charged on a per-case basis, based on the amount of the litigation or on an hourly basis. The specific fees shall be determined by the contract of entrustment. For such clear-cut cases, the fees are generally in the medium-low range. It is recommended to calculate the recoverable amount and the litigation costs before suing. For small disputes, it is preferable to send a letter or engage in mediation first, and only initiate litigation when necessary to avoid the situation where the cost exceeds the benefits.

Q4: How long does it usually take to resolve a trial purchase dispute?

The timeframe depends on the size of the dispute and the legal procedure. For cases with clear facts and small amounts, the simplified procedure generally concludes within three months, and small claims litigation can be resolved even faster if eligible. However, if there are major disputes over the trial period agreement, or if additional evidence or appraisals are needed, the case will be transferred to the ordinary procedure, which typically takes six months. If either party appeals, the second-instance trial generally lasts three months. Most such disputes can be resolved within a few months through judgments or mediation. It is recommended to send a lawyer's letter for negotiation before filing a lawsuit. In many cases, payment or return arrangements can be reached before litigation, which saves time and reduces costs.

Q5: The probationary period is about to end, but I'm not sure whether I want to continue or not. What should I do?

It is recommended to handle it in three steps: First, immediately check the expiration date of the trial period and the rejection method stipulated in the contract to have a clear understanding; Second, if you don't want to buy it, reject it in a traceable way (via WeChat, email, or letter) before the expiration date and require the seller to arrange for a refund, keeping the evidence of the seller's receipt; Third, if you still want to buy it or are still comparing options, you can actively contact the seller to negotiate an extension of the trial period or installment payments, turning the "silent risk" into a written agreement. Never remain silent while continuing to use the product, otherwise, you may be deemed to have purchased it and be required to pay the price according to Article 638 of the Civil Code.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Lawyers for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and 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. If you encounter disputes, please consult a practicing lawyer in time.