Advance payment has no one-way or one-way guarantee effect. If the parties fail to perform the contract and the contract is terminated, the advance payment shall be refunded. The liability of each party for breach of contract shall be determined by other provisions of this contract. If there is no liability for breach of contract, it is generally not liable for breach of contract. Under the normal performance of the contract, the advance payment becomes a part of the price. In the case of non-performance of the contract, whether the payer breaches the contract or the receiver breaches the contract, the advance payment must be returned in the original amount.
In the standard contract terms, the terms that increase the obligations of the other party and exclude the main rights of the other party are invalid.
To sum up, if you have an agreed penalty, the beauty salon can ask you to pay a certain amount of penalty, but it has no right not to refund you. If you really breathe a sigh of relief, just sue to cancel the contract and ask for a return.
When a medical beauty dispute occurs, the parties concerned may settle it through consultation, or seek the local health administrative department or the industrial and commercial administrative department to handle it. If the dispute cannot be settled, they can also bring a lawsuit to the people's court. Medical beauty disputes are handled according to medical disputes, and there are four main ways to deal with them:
(1) Both parties negotiate voluntarily.
If both doctors and patients choose to settle medical disputes through consultation, they should consult in a special place, which shall not affect the normal medical order. If there are a large number of doctors and patients, representatives shall be elected for consultation, and the number of representatives of each party shall not exceed 5.
(2) Apply for people's mediation.
To apply for people's mediation of medical disputes, both doctors and patients shall apply to the people's mediation Committee of medical disputes; If one party applies for mediation, the People's Mediation Committee for Medical Disputes shall conduct mediation with the consent of the other party.
(3) Apply for administrative mediation.
In the event of a medical accident dispute, if the parties apply to the health administrative department for handling, they shall submit a written application.
(4) bring a lawsuit to the people's court.
After the occurrence of a medical dispute, if the parties have any objection to the medical institution's diagnosis and treatment, they may directly bring a lawsuit to the people's court and ask the medical institution to bear the corresponding liability for compensation.
Medical beauty projects can only be done after consultation between the two sides. If you don't do it after payment, you must give the doctor a refund according to the regulations, but the amount that can be refunded needs to be handled in accordance with the terms agreed in the contract. This can be negotiated by both parties. If negotiation fails, it can be settled through litigation. As long as the court gives a judgment, it needs to fulfill its obligations.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 119
A legally established contract is legally binding on the parties.
Article 577
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
Article 578
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.