Recently, many franchisees have been cheated because of "joining hardware" and suffered heavy losses.

How did the franchisee get cheated? The specific routine is as follows:

1. China Merchants will publish joining information on various platforms and websites, claiming to be a high-tech enterprise focusing on new product research and development, industrial upgrading and transformation, and market integration and marketing in the hardware and electrical industry. The company provides "one-stop service system, low cost and high profit", "hundreds of brands, thousands of products", "factory price direct supply, no intermediate links and quality assurance", and promises to provide franchisees with cooperation advantages such as "nanny-style full-time support", "intensive advertising promotion" and "all-weather after-sales service" to attract franchisees to the company with extremely low purchase price and huge preferential policies;

2. When franchisees visit the company, the company often takes franchisees to visit some factories and warehouses, falsely claiming that they are owned by the company and exaggerating the strength of the company. In fact, these factories and warehouses are only cooperative relationships with companies, or trading relationships;

3. During the inspection, the company's sales staff will "guide" franchisees to choose different cooperation modes according to their economic strength and investment budget. The types of cooperative stores include Crystal Store, Platinum Store, Venture Store and Flagship Store. The higher the level, the higher the cost, the more discounts, and the more goods you give away.

4. After the franchisee's inspection, the company promised to the franchisee that "the purchase price is 40% of the market price", "the goods with a value of more than100000 yuan can be obtained by paying tens of thousands of yuan in advance", "the goods equivalent to 20%-30% of the prepayment amount will be given by the headquarters", "the shelves and cash registers will be given by the headquarters", "the rent and decoration subsidies will be enjoyed by the headquarters" and "away from home"

5. Next, the company will ask the franchisees to pay, and promise that the money is "payment", and the payment can be directly deducted, and the company will also "give away" tens of thousands of first-batch goods for distribution. It is equivalent to paying 10 million, plus tens of thousands of goods donated by the company. A * * * can take hundreds of thousands of goods from the company, plus various subsidies promised by the company, and a * * * can earn hundreds of thousands of profits;

6. The franchisee signed the contract, paid the money and went back to prepare the company for delivery, only to find that he was cheated.

How did you fall for it? It turns out that the company set a "trap" in the contract.

The first is the freight and the gift of goods.

Before signing the contract, the company promised that there would be freight subsidies and the first batch of goods would be free of freight. When the franchisee received the goods presented by the company, it was found that

The donated items are all worthless things (the price tag is as high as 1.5 million, and the actual value may only be more than 2,000), and the freight is extra (the freight for things worth more than 2,000 is as high as 1.000). Franchisees look for company theory, and the company says that the freight needs franchisees to go out first, and then the company will reimburse them with documents, and the process will be approved (this is another routine, and many franchisees have not received the reimbursed freight at all).

Secondly, the payment for goods becomes the advance payment for investment.

Before signing the contract, the company said that the advance payment is the payment for goods, and the goods can be deducted directly in the future. When a franchisee orders goods on the online shopping mall platform provided by the company and asks the company to deliver the goods, the company says that it must pay in advance to buy the goods. What was paid before was the investment advance payment (the money to obtain the sales qualification of brand products, similar to the franchise fee), not the payment for goods. When franchisees rushed to come up with contracts and planned to have a good theory with the company, they were dumbfounded. The contract really says "investment advance payment"

Third, it is the issue of purchase discount and price.

Before signing the contract, the company made it clear that the purchase price was 60% off the company's pricing. Franchisees need to purchase goods, not only the prepaid payment can not be deducted, but also the payment according to the company's pricing, even higher than the retail price of Taobao. wait for

When the franchisee intends to take out the contract and make a good theory with the company, he can't find any agreement on the purchase discount in the contract.

Finally, the issue of contract termination and liability for breach of contract.

After the above routine attack, the franchisee finally woke up and found that he had been cheated, so he contacted the company and asked to cancel the contract and refund the money. At this time, the company didn't even want the last fig leaf, saying directly: the contract is not a franchise contract, but a distribution contract; The contract does not stipulate a 40% discount on the goods; The advance payment not stipulated in the contract can be paid directly, but it is clearly stipulated that the advance payment is the investment advance payment, which is the consideration for selling brand products, and will be returned in batches according to the purchase amount of the franchisee in the later period, according to the proportion of 10%; It is a breach of contract for franchisees to cancel the contract now, and they need to pay 50% liquidated damages.

To sum up, after the whole scam was implemented, the franchisees lost their blood. If it is really in accordance with the contract, the franchisee must take the goods from the company at a price higher than the retail price, and the amount of the goods taken is 10 times of the investment advance payment, so that it is possible to get back the investment advance payment paid in advance in batches. The more goods you take, the deeper the loss will only be.

The so-called "investment of100000 yuan, you can get goods worth more than100000 yuan" is just a word game played by the company. According to the contract, franchisees need to buy at least one million more goods from the company if they want to earn back the investment of 10 million yuan from the company. The pricing power of the company's goods is completely in the hands of the company. A small object can also be priced at thousands or even tens of thousands of yuan. How do franchisees beat the company?

Franchisees find that their hardware has been cheated, how to protect their rights?

The most important thing to join the rights protection is to be quick.

Whether it is the time to terminate the contract or the time to sue, it must be fast.

The first is the time to propose termination. According to Article 12 of the Regulations on the Administration of Commercial Franchise, the franchisee has the right to unilaterally terminate the contract within a reasonable period after the contract is signed, and does not need to bear the liability for breach of contract. However, there is no clear stipulation on how long the reasonable period is. In judicial practice, the cognizance of local courts varies greatly, provided that the other party's business resources are not actually used. Therefore, if the franchisee reneges after signing the contract, he must inform the company to terminate the contract as soon as possible, so as not to miss the cooling-off period and affect the refund.

The second is the time of prosecution. In fact, suing the court for rights protection is also a helpless move. Once you enter the court stage, you must go through the procedure, which will take a lot of time. From preparing litigation materials, applying for filing a case, serving litigation materials on the defendant, arranging a court session, hearing and receiving the judgment, it takes as little as four or five months and as much as eight or nine months. After receiving the judgment of the first instance, any party who refuses to accept it may appeal. After the appeal, all the procedures of the first instance have to be repeated. The data transfer time between the court of first instance and the court of second instance is sometimes as long as four or five months, and the whole litigation time is very long. If you sue early, you can finish the process early, get the winning judgment, and then apply for enforcement, so as to avoid that the company will go to the building before the litigation process is finished, and finally win the lawsuit and get no money.