The legal basis for the refund of beauty shops is that consumer disputes are common. When the rights and interests of consumers are infringed by businesses, consumers should take up legal weapons themselves. The following is the legal basis and related information of the refund of the beauty shop.
Legal Basis for Refund of Beauty Shop 1 Legal Basis for Refund of Beauty Shop If a beauty shop fails to provide goods or services as agreed, it shall fulfill the agreement or return the advance payment according to the requirements of consumers, delay or unreasonably refuse the request of consumers for repair, rework, replacement and return, and other circumstances that damage the rights and interests of consumers, it shall refund the expenses and bear the liability for compensation.
Legal basis:
Article 48 of the Consumer Protection Law
Business operators who provide goods or services under any of the following circumstances shall bear civil liability in accordance with the provisions of other relevant laws and regulations, except as otherwise provided in this Law:
(seven) the service content and fees are in violation of the agreement;
(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;
(nine) other circumstances that harm the rights and interests of consumers as stipulated by laws and regulations. Business operators who fail to fulfill their obligations to protect consumers' safety and cause damage to consumers shall bear tort liability.
Article 53 of the Consumer Protection Law
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.
The legal basis for the refund of beauty shops is generally acceptable, 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.
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Article 10 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, etc. 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.
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 53
Where a business operator provides goods or services in advance, it shall provide them in accordance with the agreement. Not provided according to the agreement.
Legal basis for refund of beauty shop III. Is it possible to recover the loss if the beauty shop is cheated?
There is still a great possibility that the beauty salon will be cheated and successfully recover the money. To master the skills of successful refund cases, we must first be aware of rights protection and make a good backup of all the contents involved in money, including relevant evidence, contracts, payment records, communication records with store personnel, etc. Then, in the case of unsuccessful negotiations with the store, consumers can choose legal channels such as complaints or prosecutions to protect their rights.
Note that consumers must rationally defend their rights and do not come to the door at will, otherwise they will easily suffer losses. The correct way to protect rights is to collect as much evidence as possible. If the product quality is involved, we should also keep relevant test evidence, and then choose legal channels to recover the losses. In addition, be patient in the process of safeguarding rights, and don't be confused by the unilateral non-refundable contract of beauty salons. Such a provision is not recognized by law.
What should I do if I am cheated by a beauty salon?
1, keep relevant evidence;
2. Keep payment records;
3. Keep relevant contracts;
What if a beauty salon customer is cheated? How should consumers protect their rights?
(a) negotiated settlement with the operator;
(2) Requesting consumers' associations or other mediation organizations established according to law to mediate;
(three) to complain to the relevant administrative departments;
(four) according to the "arbitration agreement" reached with the operator, submitted to an arbitration institution for arbitration;
(5) bring a lawsuit to the people's court.
Medical beauty enterprises should make it clear that if they know that the medical beauty services they provide are flawed in the course of operation, such as shoddy; The use of drugs, injections and fillers that do not meet the national standards; If domestic products are treated as imported goods, etc. And the customer who came to see a doctor was deliberately not informed, resulting in personal injury to the consumer in the service process, the victim has the right to claim damages, in addition, the victim has the right to claim punitive damages less than twice the losses suffered.
Among them, if personal injury is caused by the defect of medical beauty service, the scope of compensation can include personal injury loss, medical expenses, nursing expenses, transportation expenses and lost time; Death, including funeral expenses and death compensation; In addition, it also includes compensation for property losses and mental damage.
According to the new consumer law, in addition to compensation for losses, the victim can also demand punitive damages equivalent to less than twice the loss.