China Consumers Association reviews the five major overlord clauses in the field of medical and American

Over -date balance is not refunded and waited for columns

Source ｜ China Consumer News

Author ｜ Ren Zhenyu

Edit ｜ Zhang Runqi

On September 15th, the Chinese Consumer Association invited the Consumer Consumer Consumer Consumer Consumer Consumer Consumer Consumer Consumer Consumer Corporation Lawyer Group Lawyer Group Lawyers to reflect the strong medical beauty field of consumers to reflect the strong medical beauty field of consumers. Comment on the format terms.

Unilaterally agreed that the prepaid card (recharge card) is valid for the validity period.

● Terms: The validity period of the recharge of this card is 1 year, from June 1, 2021 to May 31, 2022. The period is deemed to be automatically abandoned and the balance does not return.

● Comment: In the prepaid consumption such as recharge cards, even after the card expires, the cost of pre -stored consumers in advance is still owned by the cardholder, and the merchant has no right to make the balance of the card. The agreement that "deemed to be automatically abandoned" after exceeding the deadline belongs to the use of format terms to eliminate or restrict consumers' right to retrieve money, reduce or exempt the operator's refund liability, and infringe on consumer property ownership. The content of this clause is invalid.

Unilaterally agreed that medical and beauty surgery costs, medical expenses, etc. will not be refunded

● Terms: The medical person understands that due to the different personal aesthetic views and the current level, the patient's ideal surgical effect cannot be achieved. If some shortcomings occur and meet the repair conditions, the hospital will be responsible for repairing for free, and the medical expenses of the surgical expenses will not be refunded.

● Comments: The above clauses are not clear, unclear, and have no operability. Once disputes occur, they will become a reason for operators to shirk legal responsibilities. Whether the operator shall bear the retirement and liability for compensation shall be based on whether it complies with the operating procedures of medical cosmetic technology, whether it is strictly fulfilled in the contract obligations, etc., and shall not reduce the statutory responsibilities through format clauses.

The operator shirk his responsibility by setting up strict additional conditions

● Terms: After reaching the effect of the treatment, in order to ensure that the freckle removal effect is not easy to rebound, customers need to use maintenance solution and skin adjustment gel to consolidate the effect of the treatment. It is not responsible; during the freckle and maintenance, customers must strictly follow and operate carefully according to the attachment content provided by the "Maintenance Line in Maintenance Line" provided by our hospital. If you do not follow the requirements of the attachment content, all consequences will have all the consequences.

● Comment: The medical beauty institution sets strict postoperative maintenance conditions. In fact, the responsibility of poor treatment effect is passed on to consumers. Consumers are slightly inconsistent with the list. Responsibility. Moreover, consumers must uninterrupted purchases and products sold by operators uninterrupted, otherwise all consequences are agreed by consumers at their own expense, obviously unreasonably aggravated consumer responsibilities and burdens, reducing the responsibilities of medical cosmetic institutions operators' responsibilities Essence

When buying products and services, you enjoy a discount for refunds but deduct the cost at the original price

● Terms: The projects you purchased at the center enjoy the preferential prices of the members of the center. If a member encounters an irresistible factor, the company needs to refund the situation, and the company regards this situation as a member of the member automatically abandoning his membership. Therefore, the customers who refund the card will no longer enjoy the preferential treatment provided by the center for members. When refunding the card, you need to deduct the consumption of consumption at the price of the center of the center, including the gift of membership products and treatments.

● Comments: After the contracts of the two parties are legally established, they have a legal binding force on the per capita of both parties. If the contract refund is needed, it should be analyzed according to the specific situation. If the contract is needed due to consumer subjective reasons, then it should be implemented in accordance with the default clause agreed in the contract, and the agreed liquidated damages should not exceed the loss caused by the derived; The operator shall be refunded according to the remaining amount after the preferential consumption and compensate the consumer's losses; if it is due to force majeure to terminate the contract, it shall be resolved in accordance with force majeure laws.

Unilaterally stipulates that medical beauty institutions have the only right to interpret the contract

● Terms: If the above clauses are resolved, the two parties with special circumstances retain their right to help the law. The shop reserves the final interpretation right of this agreement.

● Comment: According to the law, the above clauses are formulated and reused by medical cosmetic institutions in advance, and they are not negotiated with consumers when signing a contract, which belongs to the format contract terms. The controversy of the understanding of the format clause should be explained according to the usual understanding. The interpretation of the format clause should follow the principle of fairness and honesty. There are more than two explanations. Based on the advantages of the provision of the format clause, it should be explained to it, rather than the unique explanation of the medical cosmetic institution.

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