Impulsus consumption refund is difficult to complain to the court to be supported

Many consumers are easy to recharge the products and services in advance when they encounter a variety of discounts in merchants. After the recharge, the merchants have experienced changes such as withdrawal of the store, reduced promise service standards, and mandatory bundling consumption. When encountering such merchants, how should consumers protect their rights? For a moment, the heart -to -heart recharge merchant withdraws the store and refuses to refund the card

In March 2020, Ms. Zhao, who lives in Wanyuan City, recommended to a beauty chain store in front of the community to experience beauty services. The beauty shop recommended a variety of special recharge packages to Ms. Zhao. Ms. Zhao applied for a variety of prepaid electronic storage cards at the store, a total of 50,000 yuan. In June 2020, after Ms. Zhao received a notice from the beauty shop to withdraw the store, she immediately contacted the person in charge of the beauty shop Ma, and Ma told Ms. Zhao to continue the balance of consumer cards in another chain store set up by her company. The other chain store is remote and has a distance of nearly 3 kilometers with Ms. Zhao's house. Ms. Zhao felt very inconvenient, so she asked the beauty shop to return the balance in the storage card. The beauty shop claimed that Ms. Zhao's storage card was a special card, which could not be returned, and rejected Ms. Zhao's request. Ms. Zhao communicated with Ma many times, and Ma Mou was pushed away with various excuses, and her attitude gradually became impatient. In desperation, Ms. Zhao brought the beauty shop to the court.

Compulsory clause routine deep court judgment rights and interests

After hearing, the court believes that beauty services, as enjoyable consumption, have a stronger sense of subjective comfort and pleasure brought by consumers. Therefore, in enjoying consumption, consumer convenience is important considerations for consumers to choose products and services. Although the company's other chain store is no more than 3 kilometers from Ms. Zhao's house, it does affect the convenience of Ms. Zhao's acceptance of services, so that she can not be achieved by the contractual purpose of receiving beauty services nearby. The beauty company has constituted a default. The right to choose to lift the beauty service contract with the beauty company requires the company to refund its unsuccessful service fee. Secondly, the beauty company marked the format of the formats formulated by the membership card of its prepaid card. It is a cosmetic company reused such services for such services. This clause deprives consumers to accept the options of services, which belongs to the format clause exempting operators' responsibilities and excluding consumer's main rights. This clause stipulates that the clause should be invalid. Therefore, the court supported Ms. Zhao's demands to judge that the beauty company returned Ms. Zhao's card balance within a time limit.

Judge remind

In the face of the dazzling storage value promotional activities of merchants, consumers must understand the business capabilities, business reputation, and service levels of the merchant, and do not fall into the store's storage routine.

Wu Tong Sichuan Rule of Law Daily-Rule of Law Sichuan News Client Reporter Tan Bielin

- END -