Not long ago, "membership card" and "concessions," "VIP" and "consumer card" Shengjiyishi great "squandering gradually to charming eyes" trend.
Despite such advances in the consumption of certain extent so that consumers get the convenience, but also a considerable portion of breach of integrity businessmen take this opportunity to weave a "beautiful trap," Card makes non-compliance after the unilateral change Agreement, the money left vol damage the interests of consumers, such as Napster ended March with 410,000 in the matter. Jilin Huaming big-firm lawyers for the implementation of the main current of any "early consumption" of the legal dispute, the analysis.
Merchant arbitrarily change the agreement »» contract invalid
Case 1: Last year, "11", Changchun, members of the public in a beauty salon, Ms. Wu spent 300 yuan of money to do a concessionary card, was also comes with her two value of 40 yuan trial coupons. As trial vouchers do not include the use of the period, causing her to go to beauty salons to use the coupons when he was informed of the trial coupon has expired. In fact, beauty coupons in the back, businesses have been marked by his remark: "OUR entitled at any time necessary to modify, alter, delete or increase membership and details of the terms of the statute without the consent of members agreed."
Bar Zhizhao: consumers and businesses between the formation of consumer services is essentially a contractual relationship, beauty salons on consumer contracts are unilateral changes unilaterally amend the contract, according to the "PRC Contract Law", set up in accordance with the law of contracts , The parties are legally binding, should be agreed by the parties to fulfil their obligations, are not allowed to change or rescission. At the same time, its unilateral right to set their own, and to circumvent its due obligations, a violation of the legitimate rights and interests of consumers, is a "format clause."
Contributions, Juankuan left »» rental to bear the responsibility
Case 2: pay a membership fee of 2,000 yuan, also a useless, no shadow of the business. Yesterday, Mr Wong, to reflect this, years ago in a bath he organized a 2,000 yuan in the cards. With more busy, he has not been spending too, a few days ago with a friend to Bath when found that the shop was deserted.
Bar Zhizhao: According to China's "eliminate" the relevant provisions in the rental counter consumer goods or services purchased, their legitimate rights and interests be damaged, to sell or service for compensation. Counters after the expiry of lease, or to the rental counter to seek compensation. Merchant way to advance consumer fraud consumers, thereby achieve the objective of accumulated wealth, and the larger amount, for a fraud, according to the law to bear criminal responsibility. Consumers can report to the public security departments.
Merchant services during the change »» succession to bear the responsibility
Case 3: Last year, Ms. Chen Changchun people in a beauty chain organized in a card, but use less than half of the card, beauty chains on a replacement. Miss Yu Shichen find the beauty chain's headquarters, but the matter has not been resolved.
Bar Zhizhao: China's legal services for consumers in the process of change experienced operator of the main operators have also made clear provisions. According to "Consumer Protection Law" stipulates: "The consumer buying, use of goods or services, their legitimate rights and interests are damaged, due to the separation of enterprises, combined, can withstand changes to its rights and obligations of the enterprises seek compensation." Accordingly, consumers can operate in accordance with the law prior to the rights and obligations of the inheritance, that is, changes the operators seek compensation.
Despite such advances in the consumption of certain extent so that consumers get the convenience, but also a considerable portion of breach of integrity businessmen take this opportunity to weave a "beautiful trap," Card makes non-compliance after the unilateral change Agreement, the money left vol damage the interests of consumers, such as Napster ended March with 410,000 in the matter. Jilin Huaming big-firm lawyers for the implementation of the main current of any "early consumption" of the legal dispute, the analysis.
Merchant arbitrarily change the agreement »» contract invalid
Case 1: Last year, "11", Changchun, members of the public in a beauty salon, Ms. Wu spent 300 yuan of money to do a concessionary card, was also comes with her two value of 40 yuan trial coupons. As trial vouchers do not include the use of the period, causing her to go to beauty salons to use the coupons when he was informed of the trial coupon has expired. In fact, beauty coupons in the back, businesses have been marked by his remark: "OUR entitled at any time necessary to modify, alter, delete or increase membership and details of the terms of the statute without the consent of members agreed."
Bar Zhizhao: consumers and businesses between the formation of consumer services is essentially a contractual relationship, beauty salons on consumer contracts are unilateral changes unilaterally amend the contract, according to the "PRC Contract Law", set up in accordance with the law of contracts , The parties are legally binding, should be agreed by the parties to fulfil their obligations, are not allowed to change or rescission. At the same time, its unilateral right to set their own, and to circumvent its due obligations, a violation of the legitimate rights and interests of consumers, is a "format clause."
Contributions, Juankuan left »» rental to bear the responsibility
Case 2: pay a membership fee of 2,000 yuan, also a useless, no shadow of the business. Yesterday, Mr Wong, to reflect this, years ago in a bath he organized a 2,000 yuan in the cards. With more busy, he has not been spending too, a few days ago with a friend to Bath when found that the shop was deserted.
Bar Zhizhao: According to China's "eliminate" the relevant provisions in the rental counter consumer goods or services purchased, their legitimate rights and interests be damaged, to sell or service for compensation. Counters after the expiry of lease, or to the rental counter to seek compensation. Merchant way to advance consumer fraud consumers, thereby achieve the objective of accumulated wealth, and the larger amount, for a fraud, according to the law to bear criminal responsibility. Consumers can report to the public security departments.
Merchant services during the change »» succession to bear the responsibility
Case 3: Last year, Ms. Chen Changchun people in a beauty chain organized in a card, but use less than half of the card, beauty chains on a replacement. Miss Yu Shichen find the beauty chain's headquarters, but the matter has not been resolved.
Bar Zhizhao: China's legal services for consumers in the process of change experienced operator of the main operators have also made clear provisions. According to "Consumer Protection Law" stipulates: "The consumer buying, use of goods or services, their legitimate rights and interests are damaged, due to the separation of enterprises, combined, can withstand changes to its rights and obligations of the enterprises seek compensation." Accordingly, consumers can operate in accordance with the law prior to the rights and obligations of the inheritance, that is, changes the operators seek compensation.
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