The China Consumers Association exposes the unfair clause in the field of medical and the United States

Yangcheng Evening News all -media reporter Ma Can

Unilaterally agreed that the prepaid card (recharge card), unilaterally agreed medical and beauty surgery costs, medical expenses, etc. will not be refunded, and the responsibility is shown through strict additional conditions ... On September 15, the Chinese Consumer Association (hereinafter referred to as "China China The Consumer Association ") It is clear that these are" overlord clauses "in the field of medical beauty.

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

In real life, some medical cosmetic institutions unilaterally agree on the validity period of the prepaid card (recharge card), and the specifications are required to automatically deepen the right to abandon their rights, and the balance will not be returned.

In this regard, the China Consumers Association pointed out that 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 does not have the right to put the balance in the card as its own. 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 aggue medical and beauty surgery costs, medical expenses, etc. will not be refunded

Unilaterally agreed that medical and beauty surgery costs and medical expenses are not refunded, eliminating the guarantee responsibility that the operator should bear the goods or services provided in accordance with the law.

For example, some medical cosmetic institutions unilaterally stipulate that the doctor understands that the patient's ideal surgical effect cannot be achieved due to the different personal aesthetic views and the current level. The cost of medical care will not be refunded.

In this regard, the China Consumers Association pointed out that the expressions of the above clauses are unclear and unclear, and there is no operability. Once disputes occur, they will become a reason for operators to shirk statutory 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.

Operators set up additional conditions to shirk responsibility

The operator shirk his responsibility by setting up strict additional conditions to increase the burden on consumers. For example, some medical cosmetic institutions unilaterally stipulate that after the effect of the treatment, in order to ensure that the freckle effect is not easy to rebound, customers need to use maintenance solution and skin adjustment gel to consolidate the effect. The spot rebounded, and the court was not responsible.

In this regard, the China Consumers Association pointed out that the medical beauty institution set the strict postoperative maintenance conditions, which actually passed the responsibility of poor treatment effects to consumers. Consumers were slightly inconsistent with the list. You can exempt your responsibilities according to this. Moreover, consumers must continue to buy products sold by operators uninterrupted, otherwise all consequences are obviously unreasonable to increase consumer responsibilities and burdens by consumers, reducing the responsibility of medical beauty institutions.

The refund is deducted according to the original price of the product and service

When buying products and services, it has discounts, but the operator will deduct the cost of the original price of goods and services during the refund.

In this regard, the China Consumers Association pointed out that after the contract of the two parties was legally established, it has legal binding power to the people of both parties. If a refund of the contract is required, 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 the only right to interpret the contract

Unilaterally stipulates that beauty salons have the only right to interpret the contract signed, exclude consumer explanation rights, and lose fairness and legitimacy.

In this regard, the China Consumers Association pointed out that according to the law, the above clauses were formulated and reused by beauty salons in advance, and did not negotiate with consumers when signing the contract, which belonged 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. If there are more than two explanations, based on the advantages of the provision of the format clause, it should be explained to it, not the only interpretation of the beauty salon.

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