Lawyer's statement: It is illegal to sell prepaid cards without a business license

  Recently, a reader posted a post on Qianjiang Evening News @hoursnews "reporter's gang" for help: "The person in charge of Smile Gym on Olekin Street, Zhuantang, Hangzhou has made a letter saying that a refund can be made, but in fact he has always refused to refund the fee. From June 2021, it has been March 2022, and there is still no news."

  Citizen:

  Charged membership fee but never opened the door

  At the end of May last year, Xiao Wu saw the promotional leaflet of Smile Gym in the WeChat Moments, "It is said that it will open in August. First, pre-sell membership cards, and you can enjoy certain discounts by pre-paying a deposit of 100 yuan."

  Xiao Wu has always had the idea of ​​fitness, but he has seen several gyms that are either far from home or the equipment cannot meet the requirements.

This Smile is close to home, and she learned that Smile is a chain brand. There are several stores in Yuhang. The flyer also claims that there is an indoor swimming pool, which meets Xiao Wu's requirements. She immediately paid the deposit.

  On June 25 last year, Smile Gym held an opening ceremony in Phoenix Creative Park.

The members who paid the deposit in advance were all there. There were hundreds of people, and the scene was very lively.

Many people have set up a package card, and I bought a course of 3,500 yuan.

  However, by August last year, Smile had not opened as planned.

  "Ask the salesperson, and the answer said that it will be postponed until October. Then it has been postponed, and it has never opened." Xiao Wu said that he deliberately went to the Ole King Street commercial complex to take a look, but could not find the store.

  Some other members couldn't sit still and were planning to refund their money.

Unexpectedly, the refund is also very difficult.

"I could have contacted the salesperson, saying that the number of refunds was too large to queue up. After December last year, the salesperson simply did not reply to WeChat, and there was no response."

  There are a total of 333 people in the "Elite Smile Membership Exchange Group", all of whom have paid membership fees ranging from several thousand to ten thousand yuan, but they have not even enjoyed the right to exercise for a day.

The chat records presented by members showed that Smile’s salesperson had blocked them directly.

  Gym Leader:

  Business license not approved

  Yesterday, after the hour news client reported the incident, the relevant person in charge of Smile Gym took the initiative to contact the reporter.

  "We invested several million in this store, not intending to defraud. We also opened several stores in Hangzhou before. With this foundation, this gym on Ole King Street will not run away with the money." The person in charge said that the gym on Ole King Street did plan to open last year, so membership cards were sold before the opening, and membership cards are common to all Smile stores in Hangzhou.

  The reason why it has not been able to open is that it has encountered obstacles.

"The reason is very complicated. After signing the contract with the members, we found that the heated swimming pool could not be approved and the business license could not be issued. We have been working hard to communicate with the developers of Ole King Street, hoping to open as soon as possible."

  The person in charge also said that during the period, he had reported the relevant situation to the market supervision department of Zhuantang Street.

  As for the issue of membership refunds, the person in charge believes that this is not only a matter between members and the gym, but also includes factors such as losses caused by the failure of the store to open as scheduled.

"Our idea is very simple. We have solved the opening problem. In the follow-up, we will act according to the rules, and we will also provide high-quality services."

  The relevant person in charge of Smile has repeatedly said, "I hope the refund time will wait until our gym opens."

  For Smile's statement, members said they could not accept it.

"Our contract is signed with your gym. You can't open a business is another problem. It's not the same as withdrawing the membership fee." Xiao Wu said.

  lawyer:

  Without a business license, there is no right to sell prepaid cards

  Yesterday afternoon, the reporter learned that the West Lake District has set up a special work class and is promoting the handling of the matter.

  Can a gym that has not yet opened can collect money to sell classes and apply for cards?

Chen Songtao, director of Zhejiang Fengguo Law Firm, gave legal opinions on the matter.

  According to Lawyer Chen, according to the "Administrative Measures for Single-purpose Commercial Prepaid Cards (Trial)" (revised in 2016), card issuers should submit relevant materials to the filing authority, including a copy of the "Business License for Enterprise Legal Person" (duplicate).

  "According to the regulations, without a business license, there is no right to issue a prepaid card. If the gym cannot open as scheduled, it is a breach of contract for consumers. Consumers have the right to ask the gym to claim back the membership fee and class hour fee. You can call 12345 to complain. , you can also ask the local Commerce Bureau or Market Supervision Bureau to file a complaint for help. If it still doesn’t work, you can file a lawsuit in the court.”

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