Be cautious when prepaid!
Beware of "professional shopkeepers"!
Since the beginning of this year, the infringement of consumer rights and interests by "professional store closures" in the field of prepaid consumption such as early education and fitness has attracted social attention. The China Consumers Association issued a consumption reminder on September 9, reminding consumers that prepaid consumption needs to be cautious and within their means, be sure to sign a written contract, and leave evidence before complaining in case of store closure.
Professional store closure refers to the group of people who plan store closure plans, implement store closure behaviors, and deal with disputes left by operators to protect their rights for those who are not operating well, especially those who adopt a prepaid business model.
The general operation of professional store closures is to carry out low-price promotional recharges to absorb more prepaid funds and embezzle and transfer them when they know that the business is not doing well and will close the store; and then change the original legal representative to another person who has no actual ability to pay debts, so that the original legal representative "cashes out and leaves" and breaks away from the original legal relationship; In the last night, the store was closed, the original operator lost contact, and the professional store closed took over consumer complaints, various lawsuits and other matters. Professional store closure mostly occurs in the field of prepaid consumption, with the purpose of helping operators to take away prepaid consumption funds, evade legal liability, and reduce the cost and risk of assuming responsibility to consumers.
China Consumers Association suggested
01
Prepaid consumption needs to be decided carefully and within your means
Consumers need to be rational in the face of promotions, especially prepaid consumer promotions. First evaluate the real consumption willingness and actual spending ability, and then combine the business reputation, product service quality and other information to shop around, make a careful decision, and do not impulsively consume because of greed for discounts.
02
A written contract must be signed for prepaid purchases
It is recommended that consumers request business operators to provide written contracts in accordance with the provisions of the Regulations for the Implementation of the Law on the Protection of Consumer Rights and Interests, carefully review the specific content of goods and services, prices and fees, advance payment refund methods, liability for breach of contract and other core terms of the contract, try to avoid large-scale recharge at one time, and properly retain invoices, receipts, communication records and other documents with business operators.
03
In case of store closure operation, keep the certificate first and then complain
If it is found that the business is closed, closed, running away, or losing contact, and has the characteristics of professional store closure, it is recommended that the consumer collect relevant evidence and complain to the local consumer association or relevant administrative department. If the merchant maliciously promotes money before the store closes and is suspected of fraud, it is recommended that the consumer report the situation to the public security organ in a timely manner. When necessary, consumers may also choose to file a lawsuit in the people's court to protect their rights and interests in accordance with the law.
On July 1, 2024, as the first supporting administrative regulation of the Consumer Rights Protection Law, the Implementation Regulations of the Consumer Rights Protection Law of the People's Republic of China (hereinafter referred to as the "Regulations"), came into effect. In response to the problem of businesses "losing contact and running away", the Regulations indicate that when an operator decides to suspend business or relocate a service premises, it shall inform consumers in advance, and announce the operator's effective contact information and other information in a conspicuous position on its business premises, website, online store Home, etc. 30 days in advance; In this case, the consumer has the right to request a refund of the balance of the advance payment that has not been consumed by the operator.
Regulations for the Implementation of the Law on the Protection of the Rights and Interests of People's Republic of China Consumers
Article 21: Where proprietors decide to suspend business or relocate service venues, they shall announce the proprietors' effective contact information and other information in a conspicuous position on their business premises, websites, online store homes, and so forth 30 days in advance.
Article 22: Where proprietors provide goods or services by receiving advance payment methods, they shall conclude a written contract with consumers, stipulating matters such as the specific content of the goods or services, the price or fees, the method of returning the advance payment, and liability for breach of contract.
After collecting advance payments, proprietors shall provide goods or services in accordance with the agreement with consumers, and must not reduce the quality of goods or services, and must not arbitrarily increase prices. Where proprietors fail to provide goods or services as agreed, they shall perform on the agreement or refund the advance payment in accordance with the consumer's request.
Where business operators have major business risks that might affect the normal provision of goods or services by business operators in accordance with contract agreements or transaction habits, they shall stop collecting advance payments. Where proprietors decide to suspend operations or relocate service venues, they shall inform consumers in advance and perform the obligations provided for in article 21 of these Regulations. In accordance with relevant state provisions or contractual agreements, consumers have the right to require business operators to continue to perform their obligations to provide goods or services, or to request a refund of the balance of unconsumed advance payments.
Article source: Guangdong law popularization comprehensive collation, the main content from Xinhua News Agency
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