First, how can I get a refund if I don't do medical beauty projects?
Generally, you can get a refund unless otherwise agreed in the contract. If the business operator makes a reasonable request for refund to the consumer, and explicitly indicates that it will not be refunded, or fails to refund for more than 15 days from the agreed effective period, or the consumer makes a request for refund without the agreed time limit, it shall be deemed as deliberate delay or unreasonable refusal.
Generally speaking, unless otherwise stipulated in the contract. If the business operator makes a reasonable request for refund to the consumer, and explicitly indicates that it will not be refunded, or fails to refund for more than 15 days from the agreed effective period, or the consumer makes a request for refund without the agreed time limit, it shall be deemed as deliberate delay or unreasonable refusal.
When providing goods or services in advance, business operators shall clearly agree with consumers on the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other contents. If the goods or services are not provided in accordance with the agreement, the agreement shall be fulfilled or the advance payment shall be returned according to the requirements of the consumers, and the interest on the advance payment and the reasonable expenses that the consumers must pay shall be borne. If there is no agreement on the refund, the refund amount shall be converted according to the calculation method beneficial to consumers.
Where a business operator provides goods or services in advance, it shall provide them in accordance with the agreement. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of consumers; And shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.
First, how to compensate for the failure of cosmetic surgery in beauty salons?
If the hospital fails to obtain the consent of the client, or the operation fails, causing the client to be injured, it shall be liable for compensation. The compensation items include medical expenses, lost time, nursing expenses and nutrition expenses, compensation for mental damage, etc.
For the specific calculation method, please refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, refer to Article 17 and related clauses, and combine the actual calculation of the parties themselves. If there is no fixed income, it can be calculated according to the average income of the parties themselves in the last three years.
If you can't prove the average income in the last three years, you can follow
"Plastic surgery failure" can only claim compensation for breach of contract on the grounds that the operation failed to achieve the expected effect, but in practice, the definition of beauty is difficult to quantify, and the general medical beauty contract has no very specific agreement on the postoperative effect, so it is difficult to support the compensation for plastic surgery failure in this sense.
The Supreme People's Court's Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts stipulates that if the infringement has caused mental damage to people, but it has not caused serious consequences, the people's court may order the infringer to stop the infringement, restore his reputation, eliminate the influence and apologize according to the circumstances, but generally does not support compensation for mental damage; If the infringement has caused serious consequences to people's mental damage, the people's court may, at the request of the victim, order compensation for the corresponding mental damage.
The average income of the same industry or similar industries in the previous year was calculated according to the standards issued by the statistics department.
Sometimes consumers' associations and industry and commerce alone can't handle it. We should be ready to sue the beauty salon in court at any time and collect all favorable evidence, including conscious recording during the call. However, as soon as the beauty salon hears that it is going to call the police, it will choose to compromise. After all, he is a businessman and doesn't want to make a big deal.