Can franchise stores run the road and headquarters can "choose" clean?

　　With offline training and early education institutions resuming classes, major shopping malls have gradually regained the excitement of the past.

　　In the Dahongmen Intime Department Store, the bustling third floor is very deserted.

Following the withdrawal of Qiaohu KIDS not long ago, the Dr. Ma infant swimming pool next door also quietly ran away.

The two stores stood side by side, empty, leaving parents extremely chilling.

Originally wanted to go to the big brands, but encountered the dilemma of no one to take responsibility when the franchisees left.

　　This phenomenon has become an unspoken rule of the industry. The one-time initial fee and the annual brand usage fee are actually only exchanged for the right to hang the brand plaque.

The practice of independent operation and financial separation also allows the franchise store and the headquarters to have only a cooperative relationship of brand output, and no compensation obligation.

Dr. Ma Yintai Dahongmen store, the seal sticking to the door.

Case

No refunds for parents who run away from well-known stores

　　On the glass door, the three-dimensional cartoon sticker of "Prosperity and Peace" in the Year of the Rat and the hanging carp with the character "Fu" still convey the joy of the New Year.

A large iron lock and a black and white seal on the door handle contrasted sharply with it.

　　The Dr. Ma infant swimming pool on the third floor of the Dahongmen store of Intime Department Store is now empty.

　　The reporter saw at the scene that a notice stand was placed at the door, informing customers that they can send emails for information registration. The collection is due on August 31, and the phone number of the contact person for refunding the card was given.

　　"We registered long ago and made many calls, but no one answered at all." A parent told reporters angrily that since July the epidemic has improved, but Dr. Ma has never been open.

She and the parents who had the same experience found out that the operator had closed the door and ran away, and even the mall could not contact each other.

　　The parent showed another "warm reminder" issued by the mall, telling consumers that if the card cannot be returned smoothly, the mall will assist in mediation and consumers can also defend their rights through judicial procedures.

In addition to "General Manager Liu", there is also a "General Manager Duan" in this reminder. The reporter called both of them many times, but no one answered them.

　　"The card for 6,100 yuan can't get back 5,000 yuan?" "Unscrupulous merchants fail the love of innocent children"...On the Internet, many parents have posted about their own experiences.

"Since the Spring Festival, the swimming pool has not been opened. We also chose to believe that this is the situation." Parent Wang Yu (a pseudonym) told reporters that the card he issued was 3,500 yuan for 25 times, and about half of them were left. The loss is small.

　　Judging from the payment receipts of the parents, the money went to the "Beijing Jiaxiang Polymer Trading Co., Ltd.", the operator of Dr. Ma.

The company was established in April 2014 with a registered capital of 100,000 yuan, and the legal representative is Liu Jiaqing.

On July 20, the company was included in the list of business abnormalities by the Xicheng District Market Supervision and Administration Bureau because “the registered residence or business premises could not be contacted”.

　　Since the company could not be reached, the reporter called Dr. Ma's headquarters "Beijing Betterbao Technology Co., Ltd.".

The other party said that Dr. Ma has no direct-sale stores nationwide, and all of them are franchised.

"The franchise stores are an independent business model, and the finances and the company headquarters are completely separated. We are not responsible for the operating conditions of the franchise stores, let alone repay the money for the stores that run away."

survey

A few hundred thousand initial fee for only one brand

　　Although the loss at Dr. Ma’s store is not too much, what made Wang Yu bothersome is that he paid nearly 18,000 yuan for his children at the Qiaohu KIDS Early Education Institution next door in November last year and only attended ten lessons.

"Qiaohu pays more parents and the amount is relatively large. The current collected situation is that the refund amount is not less than four to five million yuan."

　　The reporter learned that "Beijing Skywin Technology Co., Ltd.", the operator of this Qiaohu KIDS, declared bankruptcy in early August.

Before bankruptcy, the company completed a series of actions-the registered capital was sharply reduced from 5 million yuan to 100,000 yuan, and the legal representative and company name were changed.

Just like Dr. Ma’s storefront, as the Qiaohu KIDS brand operation and management company, Shanghai Herring Baby Education Management Consulting Co., Ltd. announced on the public account that the company of Qiaohu KIDS Yintai Center is an independent operating entity, and other Qiaohu KIDs in Beijing They are also independent operating entities.

　　In the announcement, Herring Baby Company stated that Qiaohu KIDS Yintai Center will not "run off" and that members can register their needs and get proper placement.

However, the reporter learned that the parents who received the reply are very dissatisfied with the so-called plan.

For example, I purchased a class package of nearly 20,000 yuan and 96 hours, only took more than ten classes, but was told that I could only get refunds that were far lower than the parents expected.

A parent said bluntly, "It feels like everyone is sprinkled with water."

　　After the epidemic, the status of franchise stores frequently appeared, and running off is no longer news.

People are wondering what threshold is needed to become a franchise store, and why can the headquarters "choose" cleanly?

　　The reporter contacted Dr. Ma's headquarters "Beijing Betterbao Technology Co., Ltd." in the name of wanting to open a franchise store.

According to a Ms. Liu from the business department of China Merchants, the related expenses are mainly divided into two aspects.

"One is the franchise fee, which is only paid once. The price varies from region to region. The Beijing region pays 150,000 yuan. Then there is a brand usage fee of 10,000 yuan, which needs to be paid every year and an authorization certificate is issued every year." After the fee is paid, the headquarters will provide the franchise store Pre-operational services such as personnel training, pricing reference, and activity plans.

"It can be roughly understood that you have done a good job of decoration, recruitment, etc., opened a store yourself, and then used our Dr. Ma brand name."

Response

It's just that the brand output has no compensation obligation

　　Ms. Liu emphasized that all franchised stores apply for their own business licenses, operate independently, and are completely separated from the headquarters' financial system.

"If you make money, we don't make a rake. If you lose money in poor management, the company is not responsible." The reporter asked, if any problems arise, will the headquarters just ignore it?

The other party groaned and said, "It depends on what the problem is. We will assist the two parties in communication and provide some technical solutions in terms of customer complaints and operations, but more deeply...What do you mean?"

　　The reporter bluntly said, such as franchise stores run away.

Regarding this, Ms. Liu said that the headquarters and franchise stores are only a brand export partnership, and the company has no compensation obligation to franchise stores.

"In your new store, large-value prepaid cards may not be easy to sell. You can start with small amounts, accumulate customer trust and then sell large amounts." However, customers often do not carefully distinguish whether a store is franchised or directly operated. After the franchise stores run away, it will inevitably have an impact on the brand. Does the headquarters mind?

Ms. Liu said frankly that there is no way, "To join, we must bear some of this negative impact."

　　The reporter learned that parents have reported to the Fengtai District Urban Management Command Center, the Fengtai District Market Supervision Bureau and other units through channels such as 12345 regarding the running of Dr. Ma's Yintai Dahong store.

The official reply stated that the law enforcement officers failed to contact the relevant person in charge after repeated attempts, and could not organize mediation. Consumers are advised to resolve and defend their rights through judicial procedures.

　　Should franchise stores run away after selling prepaid cards, should the headquarters also be held responsible?

Regarding this core issue, Yue Dishan, a senior partner of Beijing Yuecheng Law Firm, said that if the franchise is an independently registered business entity and the franchise fee is only for the use of the headquarters brand, the headquarters is not responsible for its operating conditions.

Li Bin, a member of the China Consumers Association Lawyers Group and a lawyer from Beijing Zhongwen Law Firm, also holds a similar view: Franchisees, as independent legal persons, operate in a prominent position.

Consumers are responsible for who they sign contracts with, who they pay, and who they enjoy services.

Ask

How can the headquarters be blamed for bundling "trusted interests"?

　　Chen Yuanjia, a lawyer of Chongqing Zhongyao Law Firm, expressed other views in the article. He believes that although the third article of the "Commercial Franchise Management Regulations" stipulates that the franchise store (the franchisee) is an independent business entity, it has no legal relationship. Subordinate to the head office (the franchisor), but on the issue of the responsibility of the franchise business to consumers, factors involving external third parties must consider the requirements of commercial law to protect bona fide third parties.

　　The franchise store and the main store maintain roughly the same appearance and business model, which tends to give consumers the impression that the main store and the franchise store belong to the same enterprise, or that the main store is solely responsible for the franchise store.

This is in line with the provisions of the "Contract Law" on apparent agency, so the head office shall be jointly and severally liable for the loss of consumers.

Of course, this is only an external responsibility. The division of internal responsibilities between the head office and the franchise should still be based on the agreement in the Franchise Contract.

　　According to Xiong Dingzhong, a member of the China Consumers Association Lawyers Group and director of Beijing Qinglu Law Firm, the brand cannot be said to be faultless when the franchise stores run away.

"For example, there is no guarantee deposit, no relevant business model prevention (running behavior) and other measures. At least at the legal level, there are suspects of infringing consumers' rights and interests with franchised stores. Consumers can be held accountable for joint infringement liability of the headquarters." As for shopping malls. , Is just a renting platform, he believes that even if there is responsibility, it is relatively minor.

"It's even more recommended that parents go to the headquarters, and the relationship is a little smoother."

　　In fact, whether the headquarters should be responsible for the franchise store operations is indeed controversial in the industry.

Tong Tianwu, secretary-general of the Jiangsu Consumers Association, once said that consumers choose franchise stores in chain formats because they bind their "trust interests" to the head office.

Accordingly, he stated in an interview that “The Trademark Law stipulates that when a licensee’s product infringes, the trademark licensor shall be jointly and severally liable, and the judicial interpretation of the Supreme People’s Court also confirms this. Such a legal system should introduce the chain operation format under the commercial format, otherwise, the chain operation format is a somewhat pathological way of operation."

　　After the encounter runs past, what is more important is how to beware in the future.

Li Bin said frankly that there were too many such incidents after the epidemic, and it was extremely difficult to safeguard rights and faced difficulties in subsequent enforcement.

"Consumers should maintain their determination on discounts and promotions, and choose large-scale, reputable formal enterprises. See who they are signing the contract. The length of consumption and the amount of advance payment should not be too high. Refer to the State Council's regulatory opinions on off-campus training institutions and try to avoid More than 3 months, especially for prepayments across the year."

　　Our reporter Wei Jing