What should I do if I was deceived by a beauty salon and still signed a contract?
What should I do if I was deceived by a beauty salon and still signed a contract? In order to attract customers, some unscrupulous beauty salons will use means to deceive consumers and exaggerate their beauty functions, thereby extracting profits and causing losses to consumers. Such behavior not only harms consumers, but also damages the image of the industry. So, what should you do if you were cheated by a beauty salon and signed a contract? What should I do if I was cheated by a beauty salon and signed a contract? 1
After signing the contract, you can stipulate liquidated damages, the amount and payment method of liquidated damages in the contract. If you do not pay liquidated damages after breach of contract, you can apply to an arbitration institution. Arbitrate or litigate in court.
Liquidated damages should be paid to the other party a certain amount of liquidated damages based on the circumstances of the breach of contract, and a calculation method for the amount of compensation for losses arising from the breach of contract can also be agreed upon. If there is no agreement on liquidated damages, the deposit amount agreed upon by the parties may exceed 20% of the subject matter of the main contract. The People's Court will not support the excess.
Complaining directly to the Consumer Rights Protection Association should be refundable.
However, the details still depend on the outcome of discussions with the store at the time. The agreement signed by the defrauded party is revocable, and the defrauded party can apply to the court or arbitration institution for revocation after knowing or should know the fact of fraud. A legal and valid contract should be an agreement signed by both parties with corresponding capacity for civil conduct and with the true expression of their intentions that does not violate laws, regulations and public order and good customs.
"Contract Law"
Article 114
The parties may agree that when one party breaches the contract, it shall report to the party concerned according to the circumstances of the breach. The other party may pay a certain amount of liquidated damages or agree on a calculation method for the amount of compensation for losses due to breach of contract. A party whose agreed liquidated damages is lower than the losses caused may request the People's Court or arbitration institution to increase it; a party whose agreed liquidated damages is excessively higher than the losses caused may request the People's Court or arbitration institution to appropriately reduce it. The defaulting party that has agreed upon a liquidated penalty for delaying performance shall still perform its debts after paying the liquidated penalty.
Article 116
When the party who has agreed upon both liquidated damages and a deposit breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses.
Article 148 of the "People's Republic of China and Civil Code"
One party uses fraudulent means to cause the other party to act contrary to its true intention For civil legal acts carried out under certain circumstances, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 149
If a third party commits a fraudulent act, causing one party to perform a civil legal act against his true intention, and the other party knows or should know about the fraudulent act, the party who was defrauded shall have the right to The right to request the people's court or arbitration institution to revoke it. What should I do if I was deceived by a beauty salon and signed a contract? 2
Beauty salons that deceive consumers will be charged with fraud
So what basic things should we master when listening to beauty salons doing projects? What about principles?
1. Products that claim to be effective immediately are not trustworthy.
Most skin care products that are effective immediately usually contain hormones or other special ingredients, which are not good for the skin, but may cause skin problems.
2. Projects beyond the business scope of the beauty salon are not credible.
The usual business scope of beauty salons is only skin care, that is, the daily beauty part. Any medical beauty projects that require surgery, anesthesia, and bleeding require a special license and business permit, and People who perform these projects also need to have special medical qualifications.
3. Projects with excessive discounts are not credible.
If a project itself is very effective and has a good reputation, then this beauty salon project must not lack customers.
Beauty salons are profit-making institutions, not charities. If a project is discounted at an unprecedented rate, either the quality, technology, or effect will shrink.
It is recommended that when you have free time in your daily life, you can learn more about some relevant professional knowledge of medical skin care, so that you can better distinguish various traps in daily life.
What should I do if I am deceived by a beauty salon, but I don’t have enough evidence to sue her?
(1) Negotiate and reconcile with the operator;
(2) Request mediation from the consumer association or other mediation organization established in accordance with the law;
(3) Request for mediation Complain to the relevant administrative department;
(4) Submit to an arbitration institution for arbitration according to the arbitration agreement reached with the operator;
(5) File a lawsuit with the People's Court. What should I do if I was cheated by a beauty salon and signed a contract 3
The first part is to figure out how much money will be refunded
1. The card is a discounted price, and you have to discount it at the original price. This is because The original price is very high and can be ignored. It’s up to you. The most you can do is discount it according to the group purchase price on the review. This is the real price
2. The other party took out the document you signed at the time and said special price No refund or a penalty of more than RMB 20 will be charged, and sometimes an additional item of RMB 20 will be purchased as liquidated damages. This can also be basically ignored. Non-refund is understood as an overbearing clause in the standard contract, and law enforcement agencies will not support it. .
As for whether liquidated damages are established, it depends on whether you have invested part of the financial and material resources or lost part of the opportunity cost for future services in this beauty salon, similar to whether you have specially ordered a private customized thing for the service. , or if you have booked a venue, it will be closed for public viewing on that day. What can be said is clearly true, but in beauty salons, if you come, you will be treated, but if you don't come, you will still use the equipment and the employees generally cannot justify it. Therefore, in many cases, the regulatory authorities do not support liquidated damages of more than 20 RMB.
As for whether the 20% liquidated damages can be refunded, in the actual process, different industrial and commercial law enforcement teachers from the Consumers Association have different opinions. Some support and some do not support. It is recommended to negotiate based on the problematic parts of the beauty salon. It is a more executable plan to make some concessions yourself.
3. All you buy are products, the items are all given as gifts, and then the products are unpacked when they are given to you. First of all, you must confirm that you have signed a contract with such terms. The main idea of ??safeguarding rights is to see whether you demolished it yourself at the time. If it was demolished for you, law enforcement agencies will generally support it.
Part 2: Compile relevant evidence
Consumption vouchers. There is generally no contract, but there is usually a receipt or official account message push or something.
In all likelihood, the invoice will not be issued.
Take a screenshot of the relevant introduction of Meituan Dianping to see if there is any false propaganda.
If you are given a product for external use or internal use, check the relevant product approval documents, makeup brand name, and food distribution license
See if there are any items that exceed the scope of operation, such as breaking the law. Skin injection projects, 7D Julati are all projects that can only be operated by plastic surgery hospitals
The third part is efficient negotiation
From the materials compiled by many people on Zhihu, I think the problem is very serious. I basically wanted to complain to 7 or 8 departments, and even sent letters and petitions. This is not only a waste of public resources, but also a waste of your own time. I personally do not approve of this kind of behavior. You have finished a preliminary calculation and have basically drawn a bottom line for a refund. 1-5 above are basically enough, 2 is the Taxation Bureau, 3 is the Municipal Supervision Bureau, 4 is the Food and Drug Administration, and 5 is the National Health Commission.
If the other party and you do not agree on a refund, first seek coordination with the Consumers Association, because the Consumers Association does not have the power to enforce the law. If coordination fails, regardless of whether there is a problem in point 3, apply to the Market Supervision Administration for action. help.
Then if you still can't decide, play cards 2, 4, and 5. You can communicate with the other party based on the defects of the beauty salon under the jurisdiction of 245 departments. Basically, it is easier to negotiate and reconcile.