In today's society, "beauty" and "health" have become the pursuit of many people, from the traditional "beauty salon" to the emerging "body" and "medical beauty", people's pursuit and desire for beauty have promoted the development of the beauty industry. However, it cannot be ignored that some beauty industry businesses have irregular business behaviors, using "beauty" and "health" as packaging, taking advantage of consumers' lack of trust and professional knowledge, and infringing on the interests of consumers. So, what are the common consumer traps behind the beauty and wellness industries?
Trap one: The prepaid trap
From April 2017 to September 4, Xiao Chen applied for cards at a beauty salon company in Beijing. During this period, under the persuasion of the service technician, Xiao Chen successively recharged a total of more than 2019,9 yuan through WeChat transfer to the service staff and recharge in the company's affiliated medical beauty company. Later, Xiao Chen discovered that the company was suspected of false publicity, deceptive recharge, false promises, luring consumption and other illegal acts, believing that the company had caused economic losses to himself, and asked the company to refund more than 50,40 yuan. During the negotiation, the company only agreed to refund more than 7000,<> yuan. As a result, Xiao Chen filed a lawsuit in court over a service contract dispute.
After hearing by the court, it was ascertained that Xiao Chen had applied for a hairdressing card and a body card in the company, and although Xiao Chen's consumption signature was confirmed in the consumption records, the consumer electronic records of the two cards and the handwritten account records were confused with each other; Xiao Chen's transfer to the service staff could not prove that the recharge fee was deposited into the consumption card he handled in the company, and his recharge with the company outside the case could not prove that it was related to the company's service contract, and the court, after clarifying the corresponding burden of proof, finally confirmed that the beauty salon company refunded Xiao Chen more than 7,<> yuan.
Consumers should confirm the payment voucher and sign it carefully, especially when choosing prepaid consumption. On June 2022, 6, the Beijing Regulations on the Administration of Single-Purpose Prepaid Cards came into force, which set out certain regulations on prepaid consumption, stipulated the qualifications of prepaid card operators, the issuance and payment of prepaid cards, etc., and provided guidance for consumers to make prepaid purchases. When consumers choose to prepay or pre-deposit consumption, they must confirm the recharge in writing with the operator or the contract subject, or the operator shall issue the corresponding voucher for collecting the pre-deposited fee, otherwise it is easy to prove that the business operator has received the payment. In particular, when the name of the receipt voucher issued by the proprietor is inconsistent with the seal of the contract, the consumer shall require the proprietor to give a written explanation or retain other supporting materials.
For consumers who pay in advance, after receiving the service, the general operator will require the consumer to sign and confirm, or send consumption information through mobile phone SMS or WeChat, and the consumption information shall be checked in a timely manner, and if there is a dispute, the consumer should raise it as soon as possible; If the consumer has signed or failed to raise an objection within a reasonable period of time, the burden of proof is borne in the absence of other evidence to the contrary.
Trap 2: Service content trap
In October 2019, when Ms. Dong received foot therapy services at the company's store, the technician recommended Ms. Dong to undergo a local massage, which can unblock the meridians of her legs through TCM Tuina. Miss Tung accepted the service, but the technician caused Miss Dong's leg pain during the massage service. On the same day, Ms. Tung went to the hospital for a diagnosis of soft tissue contusion. After that, Ms. Dong still felt discomfort in her legs, and there was fluid in the knee joints of both legs, and she was later diagnosed with synovitis in both knees by the hospital. Ms. Dong sued the court after several fruitless negotiations with the merchant. During the trial of the case, the court verified that the "technician" who performed massage massage was not a professional technician or a health technician, and did not hold a massage certificate. In the end, although the two parties reached an agreement on financial compensation, the physical and mental pain caused by synovitis of both knees could not disappear in a short time.
When choosing a service, consumers should fully recognize the content of the service. For example, the TCM Tuina massage in this case is completely different from the health massage. Health massage is to relax the body through massage techniques, play a role in health care and eliminate fatigue; However, "TCM Tuina" and "TCM massage", the Notice on Relevant Issues in the Management of TCM Tuina Massage and Other Activities issued by the Ministry of Health and the State Administration of Traditional Chinese Medicine clearly belong to medical activities, and the implementation of TCM Tuina, massage, guasha, cupping and other methods in accordance with TCM theories and diagnosis and treatment standards must be carried out in medical institutions, and the above activities shall be carried out by health technicians practicing in the institution, and non-health technicians shall not be hired to carry out such activities. Therefore, if a merchant advertises health massage as "TCM Tuina" or "TCM massage" in the course of its business, it may constitute a violation of administrative regulations. In addition, if the customer feels unwell during the health massage, the customer should stop the service in time, and go to a qualified hospital for examination as appropriate, and retain evidence of injury due to improper service.
Trap three: The contract name trap
In September 2017, Mrs. Flash applied for a foot therapy card for her brother in a health center in Beijing, and successively organized a number of health treatment projects, such as leg conditioning, strong kidney foot therapy, back SPA, cordyceps, bioelectric comprehensive conditioning, etc., with a total of more than 9,3 yuan in advance, and a receipt issued by a beauty center in Beijing. Later, Mrs. Flash thought that the above services had little effect on her brother's recovery and treatment, and asked for a refund of the remaining money, but the health center refused. At the beginning of 2019, when Mrs. Flash negotiated with the health center again and wanted to retrieve the unused money in the pre-deposited card, she found that there was only more than 8000,14000 yuan left in the card. The two parties could not reach an agreement, because there was no written contract between Mrs. Flash and the service provider, and Mrs. Flash made it difficult to sue. A Beijing health center is only a brand name and not a business entity, and a Beijing beauty center that issued the receipt said after attending court that it was only a collection unit, and the operating company of the health center was a Beijing commercial and trading company. After several twists and turns, Mrs. Flash found the right subject of the service contract, and a Beijing trading company returned more than <>,<> yuan.
Consumers should pay attention to the entities providing services. When selecting entities providing services, the business entity may be preliminarily determined through the business operator's suspended industrial and commercial business license, and the Beijing Municipal Enterprise Credit Information Network may be used to check whether the corresponding business entity has been registered and filed with the relevant departments.
When consumers who make prepaid purchases make large deposits, they must confirm the service provider before proceeding or signing a written agreement. In judicial practice, there are cases where the original service provider or individual "runs away" or transfers the store after collecting the prepayment, and the consumer cannot clarify the subject of the contract, resulting in irreparable losses.
Text/Xu Lantao (Beijing Xicheng Court)