China News Service, September 15 (Xie Yiguan, a reporter from China-News Finance and Economics) "Everyone has a love for beauty", but in the medical beauty industry, some businesses use the "overlord clause" to shirk their responsibilities and infringe on consumer rights and other issues. , consumers reacted strongly.
In the case of consumer cognition and clue collection of "unfair standard terms" by the China Consumers Association, some medical and beauty merchants failed to fully and clearly explain product efficacy and operation procedures to consumers during sales, ignoring consumers' right to know and independent choice There are medical aesthetic practitioners who use medical terminology or good health as the excuse to induce and force consumers to consume; there are also regulations such as refunds that only a new agreement can be cancelled before the original agreement is signed.
According to the "Investigation Report on Consumer Cognition and Lead Collection of "Unfair Standard Terms", the China Consumers Association invited the lawyers of the China Consumers Association to comment on the unfair standard terms in the medical beauty field that consumers have strongly reflected.
Unilateral agreement on the validity period of the prepaid card (rechargeable card)
Case:
The recharge period of this card is valid for 1 year, from June 1, 2021 to May 31, 2022. Exceeding the period will be regarded as automatic abandonment and the balance will not be refunded.
Comments:
In prepaid consumption such as recharge cards, even after the card expires, the pre-stored charges by consumers still belong to the cardholder, and the merchant has no right to take the balance in the card as their own.
The agreement of "deemed to be automatically waived" after the expiration of the time limit is the use of standard terms to exclude or limit the consumer's right to get money back, and to reduce or exempt the operator's liability for refunds, which infringes on the consumer's property ownership.
Unilaterally agreed that medical aesthetic surgery fees, medical fees, etc. will not be refunded
Case:
The patient understands that due to different personal aesthetic viewpoints and the limitation of the current level, the patient's ideal surgical effect cannot be achieved. If there are some deficiencies and the repair conditions are met, the hospital will be responsible for the repair free of charge, and the medical expenses for the operation will not be refunded.
Comments:
The above clauses are unclear, unclear, and inoperable. Once a dispute occurs, it will become the reason for the operator to shirk legal responsibility.
Whether the operator assumes the responsibility for refund or compensation should be judged based on whether it abides by the technical operating procedures of medical cosmetology and whether it strictly performs the contractual obligations, etc., rather than reducing the statutory liability through standard clauses.
Shirk their responsibilities by setting harsh additional conditions
Case:
After the treatment effect is achieved, in order to ensure that the freckle removal effect is not easy to rebound, the customer needs to use maintenance liquid and skin conditioning gel continuously to consolidate the effect of the treatment. Responsible; during the period of freckle removal and maintenance, customers must strictly abide by and operate carefully in accordance with the contents of the appendix of the "Instruction Manual for Maintenance Solution" provided by our hospital.
If you do not operate in accordance with the contents of the attachment, all the consequences will be caused by the customer.
Comments:
Medical beauty institutions set strict post-beauty maintenance conditions, which actually transfers the responsibility for poor treatment effects to consumers. If consumers do not meet the listed conditions, the operator can be exempted accordingly. Reduce your own responsibility.
Moreover, consumers must continue to buy and use products sold by operators, otherwise the agreement that all consequences are borne by consumers will obviously unreasonably increase the responsibilities and burdens of consumers, and reduce the responsibility of operators of medical beauty institutions.
Refunds for discounted products and services will be deducted from the original price
Case:
All the items you purchase in the center enjoy the preferential price of the members of the center.
If the member needs to be refunded due to irresistible factors, the company will consider this situation as the member automatically giving up his membership.
Therefore, customers who return the card will no longer enjoy the preferential treatment specially provided by the center for members.
When returning the card, the consumption amount should be deducted according to the single price of the center's items, including the gifted member products and treatments.
Comments:
After the legal establishment of the contract between the two parties, it will be legally binding on both parties. If the contract needs to be cancelled and refunded, it should be analyzed according to the specific situation.
If the contract needs to be rescinded due to subjective reasons of the consumer, the contract shall be executed in accordance with the breach clauses stipulated in the contract, and the stipulated liquidated damages shall not exceed the losses caused; The operator shall refund the remaining amount after the preferential consumption and compensate the consumer for the loss; if the contract is terminated due to force majeure, it shall be resolved in accordance with the law of force majeure.
Unilaterally stipulates that the beauty salon has the sole right to interpret the contract signed
Case:
If any objection to the above clauses is resolved through negotiation, both parties reserve the right to seek legal assistance in special circumstances.
The shop reserves the right of final interpretation of this agreement.
Comments:
According to the law, the above clauses are drawn up in advance by the beauty salon and reused, and they are not negotiated with consumers when signing the contract, which is a standard contract clause.
If there is a dispute over the understanding of the standard terms, it shall be interpreted according to the usual understanding.
The interpretation of standard terms should follow the principles of fairness and honesty. If there are more than two interpretations, based on the advantages of the party providing the standard terms, an unfavorable interpretation should be made, and non-beauty salons have the sole right to interpret.
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