Legal analysis: Yes, the refund can be decided by both parties through consultation. Reason: Whether the refunding party needs to bear the liability for breach of contract depends on the situation:

1. If one party performs the main obligations of the contract and the other party accepts the main obligations of the other party, the contract shall be deemed to be established and effective, and the party who proposes the refund shall be liable for breach of contract;

Two, does not meet the above situation, the refund of the party does not have to bear the liability for breach of contract.

According to the provisions of the Civil Code, if the parties conclude a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Legal basis: Article 490 of the Civil Code of People's Republic of China (PRC). If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.