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What can I do to save you, my "beauty consumption" rights?
At the end of last year, the residual heat of the silicone breast augmentation incident in France has not dissipated, and people are still worried about "beauty consumption". The consumption of new beauty cosmetics is still heating up and continuing. Every year, hundreds of thousands of people go to China or South Korea for cosmetic surgery, and almost every woman or man who loves beauty will continue their beauty consumption life. How many consumers will suffer because of "beauty consumption", and how many consumers will suffer secondary legal harm because of their ignorance of beauty consumption rights. Therefore, many consumers. Regarding the types of beauty consumption, ordinary consumers will probably know two categories: "plastic surgery" and "beauty salon". The problem is that, in addition to massage care, many beauty salons now also engage in beauty projects such as "face-lifting needle", "nose augmentation by injection" and "subcutaneous liposuction", and many plastic surgery hospitals also do massage care besides plastic surgery. For a time, many beauty consumers were confused about the differences and legal significance of the above beauty services. Consult the beauty salon service personnel, they will usually tell consumers that the above services are all beauty services, and they can all do it, but few people know the difference between the above services and review their beauty service qualifications. In fact, the above-mentioned classification of beauty services that ordinary consumers are familiar with has no legal significance, nor does it help consumers to correctly claim their rights when their legitimate rights and interests are infringed, because the legal basis is whether beauty services involve infringement of subcutaneous tissue. If there is a project that directly invades subcutaneous tissue and changes the original state of tissue or bone in beauty service, it belongs to the category of "medical beauty". The law requires that institutions and personnel engaged in "medical beauty" services must have medical beauty qualifications issued by the state, not only have business licenses and beautician qualifications, but also generally handle medical liability disputes once consumers are personally injured; However, if there is no item directly invading subcutaneous tissue in the beauty service content, but only external skin massage, cleaning care and other items, it should belong to the category of "ordinary beauty". The law only requires beauty institutions to have legal industrial and commercial business registration and general beauty skills qualifications as technicians, but not professional medical qualifications and doctor qualifications. Moreover, when consumers have personal injuries or other disputes, they can only be handled in accordance with general personal infringement or service contract disputes. In practice, when many consumers do skin care in beauty salons, the beautician recommends that the face-lifting needle be directly added to the beauty service, and there is no record of any injection. Later, because there was something wrong with the face-lifting needle, the face-lifting became a "zombie face". Results Beauty salons denied it, insisting that they would not engage in medical beauty services such as face-lifting needles without medical beauty qualifications, and consumers had no corresponding evidence, making it difficult to defend their rights. Therefore, beauty consumers must make it clear that there is a difference between "general beauty" and "medical beauty", and there are specific requirements for service scope and service qualification. Auditing the beauty qualification and service scope of beauty service providers is the key to safeguarding rights. When many beauty consumers go to beauty salons, in order to get membership and high discounts, they often spend a lot of money directly to the beauty salons to apply for membership cards and book several grades or product lines of beauty services. However, beauty salons may sign a beauty product purchase agreement with consumers, but it is indicated in the agreement that consumers have purchased a brand of advanced essential oil or skin care suits. It doesn't specify how much money consumers have paid in advance in order to book many beauty services in the future. As a result, consumers blindly apply for a card or sign a contract without fully understanding the credit ability, service level, own conditions and contract purpose of the beauty salon, which leads many consumers to find that they can't use the beauty product for beauty treatment, or they can't continue to receive beauty services in the beauty salon because of changes in their residence. I want to return some beauty products and services I haven't used, and I ask the beauty salon to return this money. As a result, the beauty salon flatly refused or only gave me a symbolic refund. The reason is that consumers buy beauty products from hospitals, not prepaid transactions, because it is clearly stated in the agreement signed by both parties that they pay for beauty products. If consumers have already purchased beauty products, it is a unilateral breach of contract. And there is no reason for refund due to consumers' own reasons. As a result, some consumers feel unlucky, or it is difficult to return the products without problems because they signed the product purchase agreement after prosecution. The crux of the problem is that many beauty salons deliberately define the relationship between paying customers as a one-time business relationship in order to avoid changing the relationship between paying cards and consumers into the relationship of prepaid expenses due settlement (that is, prepaid relationship), so it is difficult for consumers to realize the refund in the above circumstances. Because the relationship of "product purchase" is a general buying and selling relationship, there must be a legal or agreed right to terminate the contract when the transaction is completed immediately, but there is no right to terminate the contract at will. The relationship of "prepaid transaction" is multiple buying and selling transactions with the highest amount set in advance, and the final number and amount of transactions can only be determined at the time of final settlement. Moreover, when consumers have no intention to spend, they can terminate the future trading relationship between the two parties at will, which is beneficial to consumers in essence, and the real intention of many consumers to establish trading relationships with beauty salons is also the latter. Therefore, when signing a beauty consumption contract, consumers should know clearly the consumption pattern and consumption relationship between the two parties from the beauty salon, and should not sign an agreement with the beauty salon at will and pay a large sum of money without knowing the real purpose behind the contract signing, so as not to increase legal obstacles and difficulties for their own consumer rights protection. In addition, in the case that the credit status of beauty salons is difficult to determine, the large prepaid transaction itself is very risky, and it is not uncommon to settle accounts with money. Consumers should try to avoid large prepaid transactions that are greedy for discounts. Ordinary beauty consumption is essentially an intangible labor consumption, and it is difficult to determine the tangible beauty achievement standard itself, unless there is a specific mode of plastic beauty consumption. Because of the fuzziness and immeasurability of the beauty effect itself, beauty agencies can easily play word games in beauty advertisements, and induce potential beauty consumers to have the desire and impulse to spend through exaggerated advertisements, and only after beauty consumers try to serve can they be fooled. Among them, it is typical to confuse the concepts of "cosmetic effect" and "cosmetic result". Some beauty agencies will advertise that they have used a special whitening product. Consumers will have whitening effect after receiving beauty services many times, but there is not much difference after receiving services. As a result, they found a beauty agency and asked them to bear the responsibility of false advertisements and fraudulent transactions, but they plausibly said that their advertisements said that they would have whitening effect, but they did not say whitening. This logic is the same as the effect of health care products. It worked, but it didn't work. It works well. It is precisely because there is no reference or measurable result standard that it brings factual and legal obstacles to the judicial protection of consumers who advocate "beauty effect" Because the effect is abstract and dynamic, the result is concrete and static, and consumers actually want to pursue the result state of achieving a certain effect, it is difficult to draw a conclusion whether it is fraudulent or not when the result state is not compared with the object and the corresponding service has been provided. Therefore, the above practices of some beauty institutions are indeed worthy of consumers' special attention when defending their rights. If the purpose of beauty consumption is to achieve a specific result state, it is necessary to clearly refer to the standards in the agreement in advance, otherwise the effect of the abstract agreement will easily be "utilized" by beauty institutions. In addition, beauty consumers should not easily believe the exaggerated propaganda of beauty institutions, especially the common propaganda strategy of beauty institutions is to claim to use so-called "imported beauty products" that consumers can't understand, and the effect is amazing. In this way, the so-called "imported beauty products" may often be three-no products or even harmful products, and the so-called beauty effect is psychological effect. Therefore, beauty consumers must spend rationally and keep their eyes open while pursuing beauty effects. (Author: Haidian District Court, Beijing)