The growth of sports consumer rights protection has attracted people's attention. Date:2015-03-23 ​​09:18
Another year is 315. The topic of protection of consumer rights is overwhelming. Although compared with the case of high-frequency consumer complaints and rights protection such as network services, IT communications, and home appliances, consumer complaints involving the sports and fitness industry are still relatively small, but the momentum of its growth has been noticeable.
According to the analysis of consumer appeals of the State in the first three quarters of 2014, the State Administration for Industry and Commerce’s Consumer Protection Bureau reported that the categories of complaints with rapid growth were cultural and sports entertainment products, which represented an increase of 74.6% year-on-year, mainly due to the increase in consumer demand. With the increasing consumption of culture and sports entertainment, the number of cultural, sports and entertainment products, cultural and entertainment services, and auto consumption disputes has significantly increased. This not only reflects the continuous upgrading of the consumption structure, but also reflects the increasingly strong consumer awareness of rights protection.
Prepaid card into fitness consumption focus topics
In the event of fitness consumerism, the management and consumption disputes concerning prepaid cards have always been a major focus.
Taking Shanghai as an example, in 2003, complaints about consumer complaints about the acceptance of prepaid cards on the Shanghai 12315 hotline were only 28, and by 2013, this number had risen to 3,425. Ten years, this figure turned a full 121 times. Among them, including the three major areas of fitness, beauty salons, education and training, etc. have become the three major complaint areas for the prepayment of the Shanghai prepaid card. On July 22 last year, the 14th meeting of the Standing Committee of the 14th National People's Congress of Shanghai held the first instance of the Amendment to the Shanghai Municipality on the Protection of Consumers' Rights and Interests. The "Draft" took the lead in pre-paid card management and consumer dispute resolution procedures. Make creative clauses.
Difficulties in the midway refund, transfer fees, this is the consumer club spending card most trouble for consumers. There are many excuses for the fitness club to do this, nothing more than consumer default, contractual arrangements, and so on. A person in the legal profession believes that it is certainly unreasonable for the fitness club to be unrequited. Even if there is an agreement in the contract, it is an ineffective clause that adds to the responsibility of the party. As for the liability for breach of contract, it is necessary to obtain sufficient evidence. As for the issue of transfer fees, if the contract does not contain such an agreement, the clubhouse still imposes fees, which is obviously in violation of the right to fair trade and the consumer’s right to know. Consumers have the right to refuse.
In many fitness prepaid card consumer complaints in Shanghai, for example, under any circumstances, all prepaid expenses and membership fees after the enrollment will not be refunded, the validity period of this card expires, and the card amount expires. While constraining consumers, it also made the contradiction in prepaid card consumption in the fitness field prominent.
In recent years, some fitness establishments have suddenly closed or changed their hands due to poor management. Consumers are required to increase their prices or refuse to take responsibility. This is also a consumption trap that is frequented by operators of fitness industry when their businesses change hands. Complaints are available in many cities across the country, including Shanghai.
Oral promises are not as good as paper contracts
In the increasingly competitive fitness market, some fitness clubs and enterprises have made some verbal promises and advertising to the consumers that cannot be realized, making consumers have unrealistically high expectations. Once they are not realized, they will inevitably produce contradictions. And disputes.
For example, when many fitness clubs sell, they will vowed to make various commitments and make good settings for the content of the courses and their training effects. Some people are impressed by these commitments to spend. Once they find that the actual situation is not as good as the propaganda, or far from reaching the previous promise, they will think that the rights protection may be met by business denials or refusals. Relevant experts remind that, from a legal point of view, oral promises have legal effect only when the promisee acknowledges them, or they need the other party to prove the original verbal commitments with favorable evidence. For consumers, the best way is to allow the other party to put the promised contents into a contract.
Of course, black and white characters do not necessarily have legal effect. For example, if some content on the advertisement pages of the clubhouse is not written in the contract, the clubhouse is conditionally not recognized. Therefore, if consumers value the contents of certain advertisements, it is better to write it into the contract. To ensure smooth implementation of the contract in the future.
Beware of false propaganda of fitness equipment
At present, there are a variety of fitness equipments in the market that have various functions and functions. They are launched through overwhelming advertisements and stimulate consumers' buying impulses. However, it is worth noting that some fitness devices have exaggerated their performance and exercise effect in publicity, which has seriously mislead consumers.
In these propaganda, concept hype is a time-tested trick. In 2006, the advertisement of the slimming machine that was called off by the State Administration of Radio, Film and Television was an example of exaggerated propaganda by fitness equipment. In the past, before the suspension, the slimming machine that had succeeded in conception was already out of stock.
Compared with this kind of exaggerated hype, the problem of more fitness equipment is not so serious, but home fitness equipment that more or less exaggerates the performance and quality of products is not uncommon in the Chinese fitness equipment market. Cost-effectiveness is often far from consumer expectations.
At present, for consumers who have purchased these fitness devices, because the fitness equipment instructions suggest that consumers only have fitness effects after long-term use, such vague restrictions make most consumers have almost no opportunity to exercise their rights. Therefore, even if they feel deceived, they can only feel bad.
If you can't reach the training effect, you can only regret it. If you falsely exaggerate your propaganda and cause sports injuries in your fitness process, you have to lose more for the consumer. Therefore, consumers must keep their eyes open in the face of too good publicity.
Another year is 315. The topic of protection of consumer rights is overwhelming. Although compared with the case of high-frequency consumer complaints and rights protection such as network services, IT communications, and home appliances, consumer complaints involving the sports and fitness industry are still relatively small, but the momentum of its growth has been noticeable.
According to the analysis of consumer appeals of the State in the first three quarters of 2014, the State Administration for Industry and Commerce’s Consumer Protection Bureau reported that the categories of complaints with rapid growth were cultural and sports entertainment products, which represented an increase of 74.6% year-on-year, mainly due to the increase in consumer demand. With the increasing consumption of culture and sports entertainment, the number of cultural, sports and entertainment products, cultural and entertainment services, and auto consumption disputes has significantly increased. This not only reflects the continuous upgrading of the consumption structure, but also reflects the increasingly strong consumer awareness of rights protection.
Prepaid card into fitness consumption focus topics
In the event of fitness consumerism, the management and consumption disputes concerning prepaid cards have always been a major focus.
Taking Shanghai as an example, in 2003, complaints about consumer complaints about the acceptance of prepaid cards on the Shanghai 12315 hotline were only 28, and by 2013, this number had risen to 3,425. Ten years, this figure turned a full 121 times. Among them, including the three major areas of fitness, beauty salons, education and training, etc. have become the three major complaint areas for the prepayment of the Shanghai prepaid card. On July 22 last year, the 14th meeting of the Standing Committee of the 14th National People's Congress of Shanghai held the first instance of the Amendment to the Shanghai Municipality on the Protection of Consumers' Rights and Interests. The "Draft" took the lead in pre-paid card management and consumer dispute resolution procedures. Make creative clauses.
Difficulties in the midway refund, transfer fees, this is the consumer club spending card most trouble for consumers. There are many excuses for the fitness club to do this, nothing more than consumer default, contractual arrangements, and so on. A person in the legal profession believes that it is certainly unreasonable for the fitness club to be unrequited. Even if there is an agreement in the contract, it is an ineffective clause that adds to the responsibility of the party. As for the liability for breach of contract, it is necessary to obtain sufficient evidence. As for the issue of transfer fees, if the contract does not contain such an agreement, the clubhouse still imposes fees, which is obviously in violation of the right to fair trade and the consumer’s right to know. Consumers have the right to refuse.
In many fitness prepaid card consumer complaints in Shanghai, for example, under any circumstances, all prepaid expenses and membership fees after the enrollment will not be refunded, the validity period of this card expires, and the card amount expires. While constraining consumers, it also made the contradiction in prepaid card consumption in the fitness field prominent.
In recent years, some fitness establishments have suddenly closed or changed their hands due to poor management. Consumers are required to increase their prices or refuse to take responsibility. This is also a consumption trap that is frequented by operators of fitness industry when their businesses change hands. Complaints are available in many cities across the country, including Shanghai.
Oral promises are not as good as paper contracts
In the increasingly competitive fitness market, some fitness clubs and enterprises have made some verbal promises and advertising to the consumers that cannot be realized, making consumers have unrealistically high expectations. Once they are not realized, they will inevitably produce contradictions. And disputes.
For example, when many fitness clubs sell, they will vowed to make various commitments and make good settings for the content of the courses and their training effects. Some people are impressed by these commitments to spend. Once they find that the actual situation is not as good as the propaganda, or far from reaching the previous promise, they will think that the rights protection may be met by business denials or refusals. Relevant experts remind that, from a legal point of view, oral promises have legal effect only when the promisee acknowledges them, or they need the other party to prove the original verbal commitments with favorable evidence. For consumers, the best way is to allow the other party to put the promised contents into a contract.
Of course, black and white characters do not necessarily have legal effect. For example, if some content on the advertisement pages of the clubhouse is not written in the contract, the clubhouse is conditionally not recognized. Therefore, if consumers value the contents of certain advertisements, it is better to write it into the contract. To ensure smooth implementation of the contract in the future.
Beware of false propaganda of fitness equipment
At present, there are a variety of fitness equipments in the market that have various functions and functions. They are launched through overwhelming advertisements and stimulate consumers' buying impulses. However, it is worth noting that some fitness devices have exaggerated their performance and exercise effect in publicity, which has seriously mislead consumers.
In these propaganda, concept hype is a time-tested trick. In 2006, the advertisement of the slimming machine that was called off by the State Administration of Radio, Film and Television was an example of exaggerated propaganda by fitness equipment. In the past, before the suspension, the slimming machine that had succeeded in conception was already out of stock.
Compared with this kind of exaggerated hype, the problem of more fitness equipment is not so serious, but home fitness equipment that more or less exaggerates the performance and quality of products is not uncommon in the Chinese fitness equipment market. Cost-effectiveness is often far from consumer expectations.
At present, for consumers who have purchased these fitness devices, because the fitness equipment instructions suggest that consumers only have fitness effects after long-term use, such vague restrictions make most consumers have almost no opportunity to exercise their rights. Therefore, even if they feel deceived, they can only feel bad.
If you can't reach the training effect, you can only regret it. If you falsely exaggerate your propaganda and cause sports injuries in your fitness process, you have to lose more for the consumer. Therefore, consumers must keep their eyes open in the face of too good publicity.
QD Cloudy Inernational Pre Ltd , https://www.qdcloudy.com