On the evening of May 18, Mr. Xie, a Beijing franchisee of the milk tea brand "Tea Anchor", who claimed to be the endorsement of artist Ryan, broke the news on the Internet that "Tea Anchor" was suspected of falsely attracting investment and defrauding huge franchise fees.
Commitment to 70% opening profit margin
But the actual monthly income of 500 yuan!
In June 2020, when Xu Hui, who was planning to join another famous tea brand, was consulting online, a customer service staff member who claimed to be the famous tea brand contacted Xu Hui, saying that the stores in her area were saturated and could not open. Later, she recommended the brand's "high-end upgraded brand" tea anchor to Xu Hui, and stressed that the brand was endorsed by Ryan, which would be an instant hit.
Under the guidance of customer service, Xu Hui visited the Nanjing headquarters of Tea Anchor brand. According to Xu Hui's memory, during the inspection, the company was covered with photos of Ryan, the signing wall, franchisees and Ryan. Xu Hui, who has always had a soft spot for Ryan, immediately decided to join, and after signing the contract, he paid125,800 yuan for joining a single store.
When signing the contract, the tea anchor promised Xu Hui that the profit rate of the store would reach 70% after opening, and the brand would give away equipment, free training and store support.
However, the terms of the franchise contract signed by Xu Hui are far from the verbal commitment of the brand.
In addition to the franchise fee, Xu Hui also paid 1 100000 yuan for store decoration, 80,000 yuan for raw materials, about 60,000 yuan for equipment, and labor, water and electricity property fees for the store. As for the equipment sent by the brand, Xu Hui said that the cost is very low. "It's all pots and pans, it's worthless." In addition, she also paid the accommodation fee for the brand's store opening instructor at the beginning of its opening.
In June 2020, Xuhui's store opened, but the business continued to make ends meet. According to her, the monthly rent of the store is 5,000 yuan, but the monthly revenue is only in 500 yuan. During the May 1 Golden Week, the daily revenue of the store was only 10-60 yuan.
After realizing that something was wrong and taking the initiative to complain, Xu Hui was kicked out of the customer service communication group of the milk tea anchor, and now there is no way to communicate. At present, Xu Zheng sued the milk tea anchor in court for failing to perform the contract.
Mr. Xie, the informant mentioned earlier, revealed that he paid more than 500,000 yuan at that time, nearly 200,000 yuan in rent, 65,438+million yuan in equipment, 65,438+million yuan in decoration and nearly 65,438+million yuan in labor wages. The total loss was as high as one million yuan, so he could not maintain his business and had to close down.
Sue the tea anchor to win.
But don't get the compensation back.
In fact, some franchisees have sued the parent company of the tea anchor and won the case, but they still don't want to pay back the compensation.
Official website showed that the brand of the tea anchor belongs to Nanjing Yongmao Catering Management Co., Ltd. (hereinafter referred to as "Yongmao Catering"). Tianyue information shows that Yongmao Restaurant has a trademark called "Tea Anchor".
Searching for the keyword "Nanjing Yongmao Catering Management Co., Ltd." in China Judgment Document Network, the result * * * shows 30 civil judgments and enforcement rulings, and the earliest publication date can be traced back to June 2020. It is the franchisee who applies for enforcement of the award. Appeal to Yongmao Catering, and apply to the court for compulsory enforcement of the ruling after obtaining the ruling result of returning a certain franchise fee.
At present, more than 20 franchisees have sued Yongmao Restaurant and won the case, applying to the court for enforcement.
However, according to many franchisees, they have not received the compensation for application for execution so far.
According to the above-mentioned Beijing franchisee Mr. Xie broke the news on the Internet, saying that the "tea anchor" was suspected of falsely attracting investment and defrauding huge franchise fees. According to Mr. Xie's investigation, more than 700 franchisees were cheated, resulting in direct economic losses of hundreds of millions. Although several victims successfully sued the "tea anchor" and won the case, the other party has transferred the property, resulting in no property for the court to enforce.
As for why many franchisees did not receive a refund after applying for enforcement, the person in charge explained that the company is negotiating the implementation details with the court, "it will not refuse to implement as franchisees said."
However, the prospect of enforcement may not be clear.
Judging from the transfer records provided by several tea anchor franchisees, franchisees may still have room to struggle. Records show that a large amount of franchise fees were transferred to the personal account of Yaming, a legal person of Yongmao Restaurant.
It is not uncommon for celebrities to endorse "rollover"
Ma Yili: The Blue of Tea.
Recently, with the assistance of public security organs in Hebei, Guangdong and other places, the Shanghai police successfully detected the first case of "routine joining" contract fraud in Shanghai, which attracted franchisees with fake brand milk tea investment websites and defrauded the joining fee by fictitious performance ability.
The police arrested more than 90 suspects such as Jin and Wang, smashed a number of fake investment websites, and seized a large number of false authorization documents, contract documents, phone bills, brand milk tea and other items involved, involving more than 7 million yuan.
Du Haitao: Netlibao.
Du Haitao, the host of 20 18, filmed several video advertisements for the online investment platform "Netlibao", and then Netlibao exploded. Du Haitao was sued by Mr. Mu, a Shandong investor, demanding compensation for related losses.
On February 4th, 20021year, a court in Dongying, Shandong Province has put on record to hear the case.
However, on May 13, Mr. Mu informed the Red Star Capital Bureau that "the trial was scheduled for March 3 this year, but Du Haitao did not appear in court and refused to be summoned. So far, the case has not yet been tried. "
Does the celebrity spokesperson of Xunlei brand need to be responsible?
In recent years, celebrity endorsement products "rollover" have become commonplace. Some people think that stars charge high endorsement fees and should be responsible for the quality of products or services. Some people are "unfair" for the spokesperson and think that the star is just a "backburner".
Does the celebrity spokesperson of Xunlei brand need to be responsible? Lawyer Zheng Boen of Beijing Yingke (Shenzhen) Law Firm said that neither Ma Yili nor Ryan will be responsible for the losses of franchisees.
According to Article 62 of the Advertising Law, if an advertising spokesperson knows or should know that the advertisement is false and recommends or proves goods and services in the advertisement, the administrative department for industry and commerce shall confiscate the illegal income and impose a fine of more than one time but less than two times the illegal income.
"But in fact, it's hard to prove that the star knew there was something wrong with the brand before he spoke." Zheng Boen analyzed.
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