I was cheated by a beauty salon. What if I signed a contract? In order to attract customers, some unscrupulous beauty salons will cheat consumers and exaggerate their beauty functions in order to gain benefits and bring losses to consumers. Such behavior not only hurts consumers, but also damages the image of the industry. Then, I was cheated by the beauty salon and signed a contract. What should I do?
I was cheated by a beauty salon. What if I signed a contract? 1 After signing the contract, I can stipulate the liquidated damages and the amount and payment method of the liquidated damages in the contract. If I don't pay the liquidated damages after breach of contract, I can apply to an arbitration institution for arbitration or bring a lawsuit to the court.
Liquidated Damages Pay a certain amount of liquidated damages to the other party according to the breach of contract, or agree on the calculation method of compensation for breach of contract. If there is no liquidated damages, the people's court may not support the part where the amount of the deposit agreed by the parties exceeds 20% of the subject matter of the main contract.
Complaining directly to the Consumer Protection Association should be refundable.
However, the details still depend on the results of discussions with the store at that time. The agreement signed by fraud is revocable, and the defrauded party may apply to the court or arbitration institution for revocation after knowing or should know the facts of fraud. A legal and valid contract should be an agreement signed by two parties with corresponding civil capacity under the expression of true will, which does not violate laws and regulations and public order and good customs.
law of contract
Article 1 14
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If a party delays the performance of the agreed liquidated damages, it shall pay the liquidated damages to the defaulting party and perform its debts.
Article 116
If one party who has agreed on both liquidated damages and deposit breaches the contract, the other party may choose to apply liquidated damages or deposit clauses.
People's Republic of China (PRC) Civil Code
Article 148
If a party commits a civil legal act that goes against its true meaning by fraudulent means, the injured party has the right to request the people's court or an arbitration institution to cancel it. Article 149
If a third party commits fraud, causing one party to commit a civil legal act against its true meaning, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
I was cheated by a beauty salon. What if I signed a contract? Beauty salons will be convicted of fraud.
So what basic principles should we master when listening to beauty salons doing projects?
1. The product claiming immediate effect is not credible.
Skin care products that can generally take immediate effect are usually caused by adding hormones or other special ingredients, which are not good for the skin, but may lead to skin problems.
2. Items beyond the business scope of beauty salons are not credible.
The usual business scope of beauty salons is only skin care, which is the beauty part of life. All medical beauty projects that require surgery, anesthesia and blood treatment need special licenses and business licenses, and those who do these projects also need special doctor qualification certificates.
3. Projects with excessive preferential power are not credible.
If a project itself has a good effect and a good reputation, then this beauty salon project must have no shortage of customers. Beauty salons are profit-making organizations, not charities. If you give an unprecedented discount to a project, either the quality will shrink, the technology will shrink, or the effect will shrink.
I suggest that when you are free in your daily life, you can learn more about professional knowledge of medical skin care, so that you can better distinguish various traps in your daily life.
What should I do if I am cheated by a beauty salon, but there is not enough evidence to sue her?
(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.
I was cheated by a beauty salon. What if I signed a contract? The first part is to figure out how much money to refund.
1, it's a preferential price to apply for a card, and it should be discounted at the original price. This can be ignored because the original price is very high. Can be counted as yours. At most, it is discounted according to the group purchase price on the comments. This is the real price.
2. The other party takes out the documents you signed at that time, saying that the special price will not be refunded or more than 20% of the liquidated damages will be charged, and sometimes 20% of the items will be bought as liquidated damages. This can also be basically ignored. This is a standard contract that is understood as the overlord clause, and law enforcement units will not support it.
As for whether the liquidated damages are established, it depends on whether the beauty salon has invested some financial resources, or lost some opportunity costs for future services, similar to ordering things from private tailors for special services, or closing on the day you booked the show. It's true that you can say' understand', but the beauty salon will do it when it comes, but it's still these instruments when it doesn't come. These employees are generally unreasonable, so many times the regulatory authorities do not support more than 20% of the liquidated damages.
As for whether the 20% penalty can be refunded, in the actual process, different law enforcement teachers of Consumers Association have different views. Some people support it, others don't. It is suggested to negotiate with the problematic part of the beauty salon and make some concessions, which is a relatively enforceable plan.
3. All the products were bought, all the items were given away, and then the products were unpacked when they were given to you. First of all, you must make sure that you have signed a contract with such terms. The idea of safeguarding rights mainly depends on whether you demolished it yourself at that time. If he does, the general law enforcement department will still support it.
The second part collates relevant evidence
Consumer vouchers. Generally, there is no contract, but there will usually be a receipt or a news push from the official WeChat account.
Nine times out of ten, there is no invoice.
Take a photo of the relevant introduction of the US delegation's comments to see if there is any false propaganda.
If the product is for external use and internal use, please check the relevant product approval documents, as well as the food circulation license of brand name and mechanical name.
See if there are any projects beyond the business scope, such as the injection project of broken skin. 7D Julati is a project that can only be operated by plastic surgery hospitals.
Part III Efficient Consultation
I think the materials compiled by many people in Zhihu are very serious. Basically, I can't wait to complain to seven or eight departments, and even letters and visits have come out. This is not only a waste of public resources, but also a waste of your own time. Personally, I don't approve of this practice. You have calculated an account preliminarily, and you have basically drawn the bottom line of refund in your heart. The above 1-5 is basically enough, 2 are tax bureaus, 3 are State Administration of Markets, 4 are Food and Drug Administration, and 5 are Health and Health Commission.
If the other party and you can't reach an agreement on the refund, first ask the Consumers Association for coordination, because the Consumers Association has no law enforcement power. If the coordination fails, regardless of the problem in point 3, apply to the Market Supervision Administration for help. Then if you still can't play cards 2, 4 and 5, you can communicate with the defects of beauty salons under the jurisdiction of these departments, which is basically easier to solve through consultation.