At the end of last year, Lili in Fuzhou spent more than 30,000 yuan to buy three sets of “high-tech” body shaping underwear, originally thinking that she could achieve her desire to lose fat and beautify her body, but not only did it have no effect, but there was also a problem in communication with the seller.
30,000 yuan to buy “shapewear”
Consumers question the effectiveness of the product
In November 2021, Lili met Ms. Wu through a friend’s introduction. The other party introduced her to the body shaping service.
Lili now felt that the body shaping effect described by Ms. Wu was what she wanted, so she and her friend Ms. Li transferred 2,000 yuan to each other as a deposit.
On December 1, 2021, Lili was taken to a single room in a beauty salon, where she
I stayed for more than 7 hours
。 Ms. Wu first arranged for her to wash her face and push her back, and then five body managers introduced her in turn, and took a series of private photos of Lili, saying that they would be used for future comparison. Finally, Lili transferred 32,270 yuan to Ms. Wu and customized a special “high-tech” mold.
Lily
She said that after you wear it, these fats will burn themselves, no need to exercise, no need to diet, the basic 21 days of the body will become very good, then consolidate the wear, wear half a year to create an S-shaped body.
Two weeks later, Lili received the mold and opened it, and she was puzzled.
Lili felt that the three sets of shapewear were uncomfortable every time she wore them, and her body also had an allergic reaction, but the most important thing was that Lili wore it for three months according to the other party’s requirements, but there was no effect.
Lili: The same product is suspected to be sold online for only 450 yuan
Lili said that although the hang tag was cut for these products she received, according to the label sewn on the clothes, she found a factory outlet store suspected to be of the same brand on the Internet, and sent the model number on the label to customer service, and clicked on the link sent by the customer service.
The price of this suspected product is 450 yuan
So if the seller sells the product to Lili at a price several times higher than the market price, is it legal?
Ding Zhaozeng, associate professor at the Law School of Fujian Normal University
According to the country’s Price Law, this is price gouging; According to the provisions of the national “Advertising Law”, this is a false advertisement, telling her what kind of body shape she can achieve in 21 days, which is quite tempting. Therefore, to induce consumers to consume in this way, this behavior is a false advertising behavior.
Lili believes that the slimming mold does not match the publicity effect and is overpriced, and she asks the other party for a refund and apologizes to herself.
Ah Ling: Ms. Wu is just a customer of the beauty shop
The mediation team then went to the beauty shop she was serving at the time, and according to Lili, Ms. Wu used to claim to be the owner of the shop. However, after the reporter communicated, he found that the beauty shop owner may have someone else.
Beauty shop manager Ah Ling
Ms. Wu is just the proprietress of the store next door, inviting her to our home to consume, as our operator, it is normal to receive customers, as for what they have traded in our store, it is their private matter, and the transfer record, all communication, she is communicating with the proprietress of the next store, Ms. Wu, not communicating with us. Reporter: That is to say, the lady of the shop next door, bring her to your side to do a beauty and skin care. The lady of the shop next door made an appointment with our staff, and the lady of the shop next door occasionally came to our house to consume, and she made an appointment with our staff and said that she would reserve a place for her and have a separate room.
Ah Ling, the manager of the beauty shop, told reporters that Ms. Wu has no cooperative relationship with the beauty shop, but is just the lady of the shop next door.
Lili: I have been communicating with Ms. Wu in the store for a long time
And someone called it the boss
Lili refuted Ah Ling’s statement.
When the reporter asked Ah Ling if she knew about the transaction between Lili and Ms. Wu in her store, Ah Ling insisted that she did not know. But her argument is untenable in the eyes of lawyers.
The Civil Code has a so-called apparent agent, the premise is that this agent may be a non-authorized agent, she is not a beauty shop person. As a well-meaning third person, Lili, there is enough reason to believe that this person is the person in your store, because she claims to be the boss and brought her to the beauty shop.
Later, Ah Ling called Ms. Wu and asked her to clarify that she had nothing to do with the beauty shop.
Beauty shop manager Ah Ling in conversation with Ms. Wu
That young lady has always said that this store is yours, now you clarify with me, is this store yours or not? No, why did you implicate me in that matter, and you are strictly forbidden to say that this shop is yours in the future. Another person also came to our store that day, because they came to harass us because of their situation, and if this happened for a long time, I would have called the police.
Mediation Panel: When spending heavily on beauty
Consumers should choose calmly
Ms. Wu told the mediation team by phone that Lili had voluntarily accepted the service, but now after two months there was no effect, she asked for a refund of money and products, and she was also very helpless. But the contract signed between them, Lili has not yet obtained.
For the whereabouts of Lili’s consumer money
Ms. Wu couldn’t explain clearly
In a previous interview, Lili claimed to have spent 30,000 yuan to buy a body shaping mold, but she searched for the same model on the Internet for only 450 yuan, to which Ms. Wu responded: In addition to the 2,000 yuan intended deposit, the rest of the money was transferred to the company.
Later, Lili received a call from Ms. Wu, expressing her hope to meet and negotiate. After the two negotiated, in the face of reporters’ questions, Ms. Wu left in a hurry.
Just sat down and said to me, there is still a set of molds that have not yet been given to me, that is, take another set of underwear to give me this service is over, then if you say that you don’t want that set of molds, you will refund me 8,000 yuan.
The relevant authorities have stepped in to investigate the matter
The mediation team and Lili then reported the situation to the Jin’an District Tea Garden Market Supervision and Administration Institute in Fuzhou City, and the staff said that they would be responsible for the incident next
Conduct surveys, and feedback on relevant survey results will be provided in a timely manner.
In response to some private photos taken by the other party during Lili’s 7 hours in the beauty shop, for safety reasons, the mediation team also accompanied Lili to the tea garden police station to report to the police, and the police said that they would also carry out corresponding investigations.
So encounter a similar consumption situation,
How should consumers pay attention to protecting their rights and interests?
When you find that the product promotion is completely different from the reality, you must negotiate in time, keep the records of the negotiation process, call records, or WeChat chat records and other related records, and take up legal weapons in time to protect your rights and interests.
Mediation Postscript
The mediation team should also remind the majority of women who love beauty to stay calm when encountering similar marketing, especially when involving a relatively large amount! It is necessary to read the terms of the contract clearly, clarify the pros and cons, and keep the vouchers and contracts so that you can better protect your rights and interests in the event of disputes in the future.
Lily
Ding Zhaozeng, associate professor at the Law School of Fujian Normal University
Ding Zhaozeng, associate professor at the Law School of Fujian Normal University