Thank you for your trust and support to Amen! Recently, Amen received many complaints from small and medium-sized investors, complaining that he encountered contract traps in his operation, was cheated of deposits, and it was difficult to defend his rights. The management mode of agent processing is being used by some lawless elements and has become a beautiful coat for them to defraud the contractor of the deposit. To this end, Amen reminds small and medium investors to advertise cautiously. When undertaking processing business, we should carefully read and analyze the terms of the franchise contract, write the verbal commitment of the other party into the contract, reasonably avoid investment risks, and be wary of contract fraud in other processing methods.
Recently, due to the strict investigation and punishment of processing contract fraud by the industrial and commercial departments in Guangzhou and other places, some designers have now moved to Xiamen and other places in Fujian to carry out similar business. I hope netizens will be vigilant.
In practice, small and medium investors should pay attention to the following issues:
1. Those cheated by outsourcing business do not belong to consumers, and the Consumer Protection Law does not apply to disputes.
In frequent complaints, many people are trapped in the outsourcing processing business, thinking that they are consumers, demanding solutions in accordance with the provisions of the Consumer Law, demanding refunds, and making compensation according to consumer fraud. In fact, the goods they buy are not used for daily consumption, which does not belong to the category of consumers referred to in the Consumer Law, and the Consumer Law is not applicable.
Second, beware of contract fraud in the form of outsourcing business.
Amen received complaints involving a wide range of foreign processing business, including electronic products, artificial flowers, woven goods, women's jewelry and so on.
At present, the main features of outsourcing fraud are:
(1) There is no acceptance standard.
This is the most important point and the core of dealing with contract fraud. In other words, there is no acceptance standard in the contract, and whether it is qualified or not is entirely up to the franchisee. It is also necessary to investigate the contractor's liability for breach of contract in order to defraud the deposit.
(2) The ordering party does not operate the brand it joins.
Some orderers do not have their own shops, nor do they operate their own products and technologies. Instead, they package themselves into promising industries through a series of publicity and win the favor of investors. It should be admitted that the websites made by these scammers are often beautiful.
(C) the introduction of false power, full of temptation
Some brochures and websites of the ordering party are beautifully made, full of temptations such as "small investment, big return", "ultra-low investment, huge profit return" and "money". Beautify yourself, such as the China organization of a foreign company or the Hongkong company; Being a member of a trade association; Go back to the doctor as a technical consultant and so on. These false introductions are loud and hard to prove, just to disguise themselves.
Some scammers are newly registered companies. In order to make your company look "old-fashioned", you often dare not show your business license positively; And some highly publicized medals are often registered earlier than their companies.
(D) high profit analysis, false rate of return
Calculate the return for investors in publicity, list the cost and consumption of goods, and then calculate the amazing net profit. In fact, the consumption of raw materials and energy varies from place to place and from enterprise to enterprise, and the budget of the ordering party in advertisements is always low in cost and consumption, which is generally difficult to achieve in actual operation.
(5) Some orderers lied that they were foreign trade companies, and their business volume was too large, so they needed outsourcing processing. However, some experts have warned that most foreign trade companies that let you sign contracts with their companies are liar companies.
1. Because of the system, foreign trade companies are no longer the former state-owned foreign trade companies (of course, if foreign trade companies call themselves "state-owned" now, this company must pay attention), and they are responsible for every business. If something goes wrong, they have to pay the bill themselves, unlike in previous years, when the state paid for you; Therefore, if they don't come to visit your enterprise on the spot, even if they make a contract, they will be restless;
2. Reasons for production enterprises: At present, due to all private enterprises and factories set up by the whole people, many manufacturers are scrambling to launch products, the production equipment is very crude, the production site is dirty and the quality of production personnel is low, so the quality of the products produced is not flattering. Will foreign trade companies be at ease if they don't look at such factories and products on the spot? Will he sign with you at will? They will give you tens of millions of processing fees at will.
In fact, most of the deceived contractors are small factories with weak strength, and some of them are even very humble. They were secretly pleased when the other party didn't come to see the factory. As everyone knows, they were all cheated by swindlers!
Therefore, for those so-called foreign trade companies or other units that often call you, be a hundred times vigilant!
(6) The ordering party or intermediary claims in the advertisement that the deposit is free, the raw materials are distributed free of charge, and the processing fee is 20% to 30% in advance, so that the contractor feels that there is no risk. After letting the contractor sign the contract, they also proposed that the processing equipment should be charged, often exceeding 654.38 million yuan. If the contractor does not sign the contract, it will constitute a breach of contract. Some contractors' factories are rented, and when raw materials need to be delivered, the orderer asks the contractor to pay for them for various reasons.
Third, the problems that should be paid attention to when selecting the ordering party
In view of the current complicated situation, Amen reminds investors to strengthen their own protection when choosing processing business, and pay attention to the following points:
(a) to verify the identity of the enterprise and whether it has the qualification of foreign processing business.
It depends on whether the enterprise has a formal and legal business license and relevant licenses. Pay attention to check the business scope and legitimacy on the business license. Some orderers are obviously newly established companies, but they lied that they were established in 1967, and some even lied that they had won various awards. In fact, most of the online medals are fake, and some even issued licenses a few years before the company was established.
(b) In-depth study on the nature of products and technologies to be added.
Correctly judge the internal quality of products or technologies, look for similar products in the market, pay attention to their prices and sales, and have a clear understanding of technologies and products that are not socialized or whose production costs are higher than the market prices.
(3) verify the company's propaganda and don't believe the propaganda content.
Looking at the company's economic situation, powerful companies generally have their own residences. Companies that rent offices for a short time have poor technical strength and credibility, and they will run away at the slightest sign of trouble.
According to the publicity, in order to obtain patented technology, it is necessary to check the official national patent invention certificate and identify the authenticity through online search.
(four) signed a complete processing business contract.
Don't trust the company's verbal promises, and don't trust the promises in publicity. Write key issues, details and verbal promises into the contract so that there is evidence to follow when disputes arise. In particular, the acceptance criteria, methods and means should be agreed upon.
(five) to find the credit information of the other enterprise through the network.
Recently, some netizens often ask: Why do I see a processing franchise project on the Internet and want to know the company's credit status? All the information I found through the search engine was positive, but I was cheated?
A senior Internet user told Amen that some search engines can ensure that the first few pages of the search have no negative information after charging some company fees. This makes it impossible for netizens to find real negative information about a company.
He also suggested that to query the credit status of a company, you can enter "company name+complaint" in the search engine, so that you can find the information you need.