How to deal with beauty salon fraud? We have also heard many cases of beauty salon fraud. I don't know how many people have been killed. Consumers should not be afraid, but bravely safeguard their rights and interests and recover their losses. Here's how to deal with beauty salon fraud.
How to deal with beauty salon fraud 1 beauty salon fraud is also convicted and sentenced according to law. Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
1. Check the business scope of industrial and commercial registration, whether the business scope and what he has done are true _ The Law Enforcement Brigade of the Industrial and Commercial Bureau reported that he has engaged in business that does not belong to the business scope _ punished, ordered to make corrections within a time limit and stop business.
2. The general business scope of beauty salons is life beauty, but freckle removal with instruments belongs to medical beauty, which requires the relevant medical departments to apply for business license _ punishment, order them to make corrections within a time limit, stop business, revoke their business licenses, and blacklist legal persons.
3. The employee who gives you beauty treatment must have a doctor's qualification certificate. If you don't have a license, you will be punished. Can not engage in obligations related to this industry within 5 years.
4. Ask her to provide the composition, efficacy, shelf life, production date, purchase channel and product price list of the products you use for service. If she doesn't provide it, she will violate the right to know in the Consumer Protection Law and complain to the Consumer Council for a refund and compensation.
5. The purchase channel can check the purchase price clearly and compare it with their price list. If it is too high, complain to the price bureau (it seems to be the Law Reform Commission).
6. If they don't have the product, go directly to the Quality Supervision Bureau and complain that your face is itchy, dry, painful and allergic after using it.
7. Ask the store for an invoice. If you don't give it, you will evade taxes. If the IRS reports it, the store will not issue an invoice, and you will be fined for tax evasion. You will be fined according to the amount of tax evasion. (Taxpayers who make false tax returns or fail to declare by deception or concealment, and evade paying a large amount, accounting for more than 10% of the tax payable, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined. If the amount is huge, accounting for more than 30% of the tax payable, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. ), generally these stores open these stores, with low cultural quality and weak legal awareness. They think that without the interference of relevant departments, the normal operation of the store will be fine, but no one has reported it, or the reporting is not strong enough. They hide their income and don't declare it truthfully. As long as they check, they cheat, about 65438+ 10 thousand a day, about 300 thousand a month, but
8. False propaganda: free experience first, and then collect money after entering the store, without side effects. After doing it, my face itched, which violated my right to know. I didn't tell you about the product and the consumption price before using it. _ Complaints from the Consumer Council.
9. Inviting the victim, who has refunded the money or not, is always injured at his home, no matter how much the money is. Go to the public security bureau to report the case together, and more than five people can file a case for investigation. Generally, a person or a small amount will report their fraud and let the public security investigate.
10, forensics, video recording.
How to deal with beauty salon fraud 2 How to deal with beauty salon fraud consumers?
Can defend rights. You can call 123 15. After acceptance, it will be handed over to the industrial and commercial department of the jurisdiction for handling, but you must have evidence to prove that the beauty salon cheated the consumer ~
I went shopping alone to buy pajamas before. I seem to forget the specific reason. That was a long time ago. When I came out, the young man who handed out leaflets on the roadside suddenly stopped me, took a questionnaire or something, and told me in a pleading tone that just do me a favor and fill out a form. He also said that it was not easy for me to work here all day ~
Well, without much effort, I agreed and was taken to a nearby beauty salon. The young man walked me in and left. Next, a woman began to communicate with me. I told her that I had come to fill out the questionnaire. The woman began to say that skin care can be done for free here. I was young, and I didn't use other skin care products except facial cleanser, so I refused. Women began to say how bad my skin was and what it would look like when I was old. I was stunned. After repeatedly making sure that it didn't cost money, I agreed. She told me to lie on the cot and wipe things on my face with a small instrument, and it felt very cold ~ after a while, she said what oil to clean them with, and I said, well, then she helped me trim my eyebrows, and she also trimmed them, almost shaved them off.
After that, it costs more than 200 yuan I said I don't need money. She started talking about skin care, but I did another project, Balabala, and said I could get an eyebrow pencil.
Finally, I compromised and handed in 100. I was very angry. At that time, I thought I would never help others again. I kindly asked you to finish your work early and get off work early, but in the end you lied to me. My kindness has been used, and I really don't want to help in the future. The mentality is blown up.
What should I do if I am induced to spend, cheated or forced to spend by a beauty salon? How to get a refund? Beauty salons induce consumption, which has basically become the hidden rule of this industry.
It is usually solved with reference to the Consumer Protection Law. But this process is too slow and time-consuming, and it may not be solved in the end. The most direct and effective way is to complain to the local superior industrial and commercial bureau, and put pressure on the local government through the superior, and it will be answered and solved soon. Under normal circumstances, the industrial and commercial bureau will coordinate the beauty salon, even if there is no evidence, it is no problem to refund half. If the evidence is sufficient, you can refund the full amount, or refund one for three. Detailed introduction "beauty salons induce consumption, cheat consumption, how to refund, how to get justice?"
1, medical beauty dispute infringement lawsuit
According to Article 1 of the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Medical Damage Liability Disputes (hereinafter referred to as the Interpretation) issued by the Supreme People's Court on February 3, 20 17, this interpretation is applicable to cases of infringement disputes filed by patients on the grounds that they have suffered personal or property damage in medical beauty activities carried out by cosmetic medical institutions or medical institutions with medical beauty departments. Therefore, no matter whether the patient is engaged in medical beauty activities in a pure medical beauty institution or in a beauty department set up in a general hospital, he can file a lawsuit of infringement, and the disputes arising therefrom belong to medical damage liability disputes. Medical damage liability dispute is the common cause of most medical damage, and the judgment is mainly based on the Tort Liability Law and other laws and regulations.
2, medical beauty dispute contract litigation
A contract refers to an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. However, agreements on status relations such as marriage, adoption and guardianship shall be governed by other laws. The status of doctors and patients in medical beauty is equal. Patients have the right to choose any beauty institution and any beauty project, and beauty institutions should cooperate accordingly.
Medical beauty is different from general medical surgery, such as orthopedics and gynecological surgery. The biggest difference is that medical beauty has full autonomy and selectivity. The main purpose of medical beauty is to beautify the appearance and pursue the promotion of external beauty. In this case, the doctor-patient relationship in medical beauty conforms to the relationship between operators and consumers in the Consumer Protection Law, which stipulates that consumers need to buy, use goods or receive services for their daily consumption, and operators provide their products or services to consumers. Therefore, when a medical beauty dispute brings a lawsuit against a medical service contract, the relevant provisions of the Contract Law and the Consumer Protection Law can be applied. However, according to Article 1 of the Interpretation, the relevant provisions of the Tort Liability Law do not apply to medical service contract disputes filed by patients.
3. The choice of tort litigation and contract litigation in medical beauty disputes.
First of all, the applicable law of tort litigation is tort liability law and its interpretation, in which Chapter VII separately stipulates the specific law applicable to "medical damage liability disputes". However, how to file an infringement lawsuit usually requires medical damage appraisal, that is, whether there is a causal relationship between the medical behavior of beauty institutions and the damage consequences of patients is appraised by medical associations or judicial appraisal institutions, and the court will make a final judgment according to the appraisal opinions. In addition, the compensation items of medical beauty dispute tort litigation mainly include medical expenses, nursing expenses, lost time, accommodation expenses, hospital food subsidies, nutrition expenses, mental damage compensation, etc. Because the medical disability is very small, there are few cases of disability compensation, and the later repair costs are generally settled after the actual occurrence. From this, it can be seen that the litigation of infringement takes a long time, costs a lot, there are many uncertain factors, and the final compensation amount is limited, generally only medical expenses for diagnosis and treatment, lost time and so on.
Secondly, laws such as Tort Liability Law and Interpretation cannot be applied in contract litigation, and because there are no specific applicable rules for medical service contracts in the Contract Law and the Consumer Protection Law, the applicable provisions are limited, so beauty institutions can only be required to bear the responsibility for breach of contract or fraud according to the Consumer Protection Law.
Finally, according to the provisions of Article 122 of the Contract Law, when the liability for breach of contract overlaps with the liability for tort, the parties have the right to choose to file a lawsuit for infringement or a lawsuit for breach of contract. Specific to the case, if an infringement lawsuit is filed in the above-mentioned case, it is necessary to conduct medical damage appraisal first to determine the degree of responsibility, and the court will make a judgment according to the degree of responsibility. In the end, medical expenses may not be fully compensated. On the contrary, if there is fraud in the process of beauty treatment, beauty institutions can get punitive damages of three times the beauty fee. At the same time, according to Article 51 of the Law on the Protection of Consumer Rights and Interests, if a beauty institution infringes on the personal rights and interests of consumers or other victims and causes serious mental damage, the patient may request compensation for mental damage, which is more beneficial to the patient. However, if there is the possibility of disability after medical beauty, it is more beneficial to file an infringement lawsuit for compensation such as disability compensation.
Cheated customers in beauty salons can negotiate with merchants to solve problems. If the merchant does not accept the negotiation, he can complain to the relevant administrative department or bring a lawsuit to the court. According to the provisions of the Law on the Protection of Consumers' Rights and Interests: Article 39 Any dispute between consumers and business operators over consumers' rights and interests can be resolved through the following channels:
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;
(three) to complain to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court.
Cheated customers in beauty salons can negotiate with merchants to solve problems. If the merchant does not accept the negotiation, he can complain to the relevant administrative department or bring a lawsuit to the court. According to the provisions of the Law on the Protection of Consumers' Rights and Interests: Article 39 Any dispute between consumers and business operators over consumers' rights and interests can be resolved through the following channels:
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;
(three) to complain to the relevant administrative departments;
(four) according to the arbitration agreement reached with the operator, submit it to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court. According to the relevant laws and regulations of the Law on the Protection of Consumer Rights and Interests: Article 40 If the legitimate rights and interests of consumers are damaged when purchasing or using commodities, they may claim compensation from the sellers. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller. Consumers or other victims who suffer personal or property damage due to commodity defects may claim compensation from sellers or producers. If it is the responsibility of the producer, the seller has the right to recover from the producer after compensation. If it is the responsibility of the seller, the producer has the right to recover from the seller after compensation. When consumers receive services, their legitimate rights and interests are damaged, and they can claim compensation from the service providers.
Article 41 If a consumer's legitimate rights and interests are damaged when purchasing or using commodities or receiving services, and the original enterprise is divided or merged, he may claim compensation from the enterprise that undertakes his rights and obligations after the change.
Article 42 If an illegal business operator who uses another person's business license provides goods or services and damages the legitimate rights and interests of consumers, consumers may demand compensation from him or the business license holder. Article 43 If a consumer's legitimate rights and interests are harmed by buying goods or receiving services at a trade fair or leasing counter, he may claim compensation from the seller or service provider. After the end of the exhibition or the expiration of the counter lease, you can also claim compensation from the organizer of the exhibition or the lessor of the counter. After compensation, the organizer of the fair and the lessor of the counter have the right to recover from the seller or the service provider.
Method 1: Complain to the Consumer Association at telephone number 123 15. 123 15 is the department responsible for protecting consumers' rights and interests, and it is also the department that directly manages such cases. Therefore, after consumers are deceived by beauty salons, they should call the Consumers Association as soon as possible 123 15 to recover their losses.
Method 2: Complain to the Industrial and Commercial Bureau that beauty salons belong to commercial organizations and naturally belong to the management of the Industrial and Commercial Bureau. Therefore, consumers can report the store to the Industrial and Commercial Bureau. If a beauty salon has obtained an industrial and commercial business license, the relevant departments will generally revoke the license and impose a fine; If the store does not have a license, the staff of the industrial and commercial department will also seal it up according to law to help consumers get back the cheated funds.
Method 3: Call 1 10 to report the beauty salon routine. Buying and selling by force is actually a kind of fraud, so the police also have the right to manage such cases. After the consumer calls the police, the police will soon come to the store to handle the dispute for you, which is also a good choice. Method 4: Reporting to reporters Most reporters like this kind of social news with the nature of disputes and fraud, so consumers can report to the local metropolis daily or TV media after being deceived by beauty salons, and use the social influence of the media to attract attention and make beauty salons condemned by public opinion. After consumers are deceived by unscrupulous beauty salons, don't come to you with irrational treatment, so as not to let yourself suffer. Instead, we should keep calm, collect strong evidence, and let unscrupulous businesses get the punishment they deserve through legal means, so as to recover losses.
How to Deal with Beauty Salon Fraud 3 The Secret of Beauty Salon Fraud
The first step is to find customers.
This kind of beauty institutions will recruit a large number of shopping guides, distribute leaflets in major business districts, squares and other places with high traffic, and carry out publicity such as "free face washing and free skin testing" to attract the attention of people who love beauty and are greedy for petty gain.
Step 2: Free skin test.
After the customer arrives at the beauty salon, the beautician will befriend the customer, commonly known as "passing the acquaintance pass", thus increasing the intimacy with the victim and further understanding whether the victim is rich. When customers gradually relax their vigilance, beauticians will throw out the bait of "free skin testing". Once the customer agrees to do it, the beautician will apply the so-called "detoxification massage cream" to one side of the customer's face and rub it on the customer's face with a metal probe. Because the "Detoxification Massage Cream" contains heavy metals, the liquid discharged by the human body is salty, which will produce color difference and cause the yin and yang faces of customers.
Step 3: Clean the skin.
At this time, the beautician will recommend the so-called "Chinese herbal medicine ointment" ranging from 100 yuan to 400 yuan. If the customer is unwilling to accept it, the beautician will not clean it up, saying that it can only be removed with their products. At this time, the amount of fraud is not large, and customers generally don't care too much. They will follow the beautician's advice and clean up with their own money. In the process of cleaning, the beautician will claim that "laser can remove moles, spots and acne for free" according to the customer's facial condition, so as to prepare for the next step of defrauding customers of money. Customers generally agree when they hear about free items.
Step 4: Free laser freckle removing and acne removing.
Subsequently, the beautician uses the instrument to treat the customer's face. After the instrument is treated, the customer's face will have a small wound. The beautician told the customer that he could get rid of moles, spots and acne with laser for free, and put the test products on the customer's face. In fact, this is just a slimming product "fat burning cream", because this product contains irritating ingredients, which will cause facial skin to sting, redness and even small black spots after being applied to the face. And tell customers that they must use the restorer in their store to remove it, otherwise it will be difficult to remove it.
Step five, buy repair cream.
At this time, the beautician will inform the customer that they need to use the special repair cream and growth factor in the store. The prices of ordinary repair cream and growth factor are 760 yuan, 1.580 yuan and 3580 yuan respectively, while the prices of imported repair cream and growth factor are 6800 yuan and 9800 yuan respectively. In fact, these imported repair creams are the same thing as ordinary ones. The so-called expensive repair cream is actually given by beauty salons when they buy nevus-removing cream, and the growth factor is a bag of ordinary cool detumescence powder of tens of yuan, and a bag can be used for more than 10 times.
remind
Consumers must have basic common sense of consumption and don't listen to "free" sales promotion. Nothing for nothing. Know the relevant information first after entering the business, and don't take the test as soon as you come up. If testing is needed, it is necessary to determine with the merchant in advance how to deal with related problems. If a merchant cheats customers, it will call the police at the first time. If you have skin problems, you must go to a regular beauty salon.