In today's society, many people want to pursue beauty because of appearance anxiety, so the beauty industry is becoming more and more prosperous, but the frequency of various beauty-related disputes is also increasing.
At the end of 2017, Ms. Li participated in an in-store lottery while eating in a shopping mall, and won a special prize that could be exchanged for a skin care item worth 3,000 yuan in a beauty shop. After Ms. Li came to the store to confirm that it was a real event, and the beauty shop gave a discount, she started the road of "becoming beautiful" and continued to spend in the store. She has successively purchased projects such as quantum eye carving, exquisite face shaping, goddess line, brain cube, light sculpture, quantum illusion and so on.
Ma Wenjie, Judge of the Comprehensive Trial Division of the Wuhua District People's Court: "From 2017 to 2022, Ms. Li prepaid 250,000 yuan in this store with her working-class income in five years, including receiving beauty services and buying beauty products. ”
However, in 2022, after a beauty session, Ms. Li lost confidence in the store's services.
Judge Ma Wenjie of the Comprehensive Trial Division of the Wuhua District People's Court: "The specific service personnel of the business have changed, which is inconsistent with the service content and service methods of the service personnel she contacted before. Second, she herself thinks she has some small red rashes on her face. ”
As a result, Ms. Li demanded a refund of the remaining amount in August of that year, and the dispute between the two parties began. But until May 2023, the two sides did not reach an agreement. Seeing that the market supervision department had failed to mediate several times, Ms. Li filed a lawsuit with the Wuhua Court, demanding that the service agreement with the beauty salon be terminated and the remaining fees refunded.
Ma Wenjie, Judge of the Comprehensive Trial Division of the Wuhua District People's Court: "When they received the beauty service at that time, they said that the service would not be refunded or exchanged after the service was signed, and if they wanted to get a refund, they would have to deduct 30% of the liquidated damages. ”
The court carefully reviewed the evidence submitted by both parties, and found that the plaintiff, Ms. Li, paid a total of 246,020 yuan to the defendant's beauty shop, 114,800 yuan for the purchase of shapewear, and 131,220 yuan for the service items. There are still 36,908.93 yuan left in the service amount that have not been consumed, and there are still 11 times of "Relisu" project that have not been used, and the project has been recharged with a total of 15,000 yuan.
The beauty shop has given two plans: first, refund according to the agreement in the beauty service agreement, but Ms. Li needs to bear 30% of the liquidated damages, and the actual refund of 18,216.82 yuan after conversion. 2. Refund 12,000 yuan and keep all unfinished projects.
Ma Wenjie, Judge of the Comprehensive Trial Division of the Wuhua District People's Court: "The contract clause is a standard clause that the merchant prepares to reuse in advance, and the content of the standard clause obviously restricts the consumer's right to choose, and it is a standard clause that aggravates the consumer and exempts the merchant from the obligation. According to the law, it should be invalid. Therefore, the merchant's defense based on the invalid clause argued that the court did not support the claim of a 30% refund of liquidated damages. Therefore, our court ordered that the remaining amount should be refunded in full. After the judgment was handed down, neither party appealed, and as far as we know, the merchant has actually returned the money to Ms. Li. ”
Source: 8099999 Streets and Alleys
Editor: Ma Xiaonan
Editor: Lin Shuaichao
Final review: Zhao Wen