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Guangdong saves a Consumer’s Committee: “My advocate happy match ” refund receives penalty due to breach of contract to be suspected of tort

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Ms. Li is in consumer after a marriage loves the go about selling an idea that serves company salesperson, paid fee of 3880 yuan of services, ms. Li feels not to need this service later, raise the requirement that remove fee, but be informed to retreat cost to want collection by this company the penalty due to breach of contract of 30% . Guangdong province Consumer’s Committee was complained with respect to this recently release comment on an opinion, the behavior both neither that thinks operator deducts 30% penalty due to breach of contract is lawful上海贵族宝贝交流区

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unreasonable also, the fairness that is suspected of encroaching consumer trades authority.

[case]

On May 10, guangdong province Consumer’s Committee receives consumer of Ms. Li complain say, on April 13, she is in Shenzhen branch of Guangzhou of limited company of service of marriage of my advocate happy match (the following abbreviation my advocate happy match) invite below, the more beautiful store that reachs this company understands a situation. This inn salesperson ceaselessly its buy go about selling an idea affection seeks advice from a service (3880 yuan / 5) , ms. Li expresses to need a consideration for many times to this. But go canvassing insists to fall in the member that sell, increasing the time when be duped already was much at 10 o’clock in the evening, she paid relevant service fee. The member that sell gave Ms. Li a piece of receipt only, did not let its sign any written contracts, also did not inform any clauses and service content. Ms. Li feels she does not need this service later, raise the requirement that remove fee, but be informed to retreat cost to need collection by this company the penalty due to breach of contract of 30% . Ms. Li bargaining does not have fruit hind, xiang Andong saves a Consumer’s Committee to undertake complaining.

Guangdong province Consumer’s Committee is received after complaining, get in touch at passing happy match of the customer service phone of 400 and my advocate on May 12, to its feedback consumer appeals to beg, ask this company contacts consumer to talk things over solve, will handle an opinion to save a Consumer’s Committee at the reply inside 10 weekday. But this company contacted Ms. Li that day on May 12 only, after affirmatory interior decides, replied on May 14, echo is not had again however later, never also contact Guangdong actively to save a Consumer’s Committee. Guangdong saves a Consumer’s Committee for many times the phone is urged do, get feedback gives the response of relevant personnel meeting every time, but up to now any effective responses that Guangdong saves a Consumer’s Committee to reach Ms. Li to still did not get this company.

[comment on]

Guangdong saves a Consu爱上海龙凤419桑拿

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mer’s Committee to think, basis ” civil code ” and ” contract law ” relevant provision, establish between the natural person that the contract is equal principal part, legal person, other organization, the change, agreement that terminates meaning of relation of civil rights obligation to express to agree, division law plan has set clearly or party agreement must take written form outside, verbal contract also is among them a kind of effective form.

Afore-mentioned complaining in case, although happy match of Ms. Li and my advocate did not sign written contract, but both sides already bought affec上海千花网

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tion to seek advice from a service to reach unanimous opinion, ms. Li also paid corresponding money, visible contract holds water already, and the member that the effective content of the contract is confined to a sale and Ms. Li’s bilateral and affirmatory service content and buy amount.

In view of Ms. Li and me advocate happy match has held water about buying affection to爱上海

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consult the contract of the service, and Ms. Li has been fulfilled its pay compulsory, the refund requirement essence that puts forward subsequently is remove contract. ” contract law ” a few when the 94th clear understanding divides a contract legal status, but this case to it not conform to, accordingly, ms. Li ought to with my advocate happy match talks things over, classics the other side agrees, the contract just can r爱上海同城对对碰

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emove. Basis ” contract law ” obligation of contract of nonperformance of one party of the 107th party perhaps fulfills contract obligation not to accord with an agreement, ought to assume continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss, my advocate happy match does not agree to remove contract, can ask Ms. Li undertakes responsibility of breach of contract, the actual loss that asks because its retreat cost place to cause,Ms. Li is compensated for and need to offer evidence to prove loss case.

And my advocate happy match puts forward with collection 30% penalty due to breach of contract serve as remove the condition of the contract, the meaning that is one party of my advocate happy match expresses, ms. Li is in before paying not know the inside story, also did not sign relevant treaty wording to affirm, both sides did not reach unanimous opinion with respect to this content. Accordingly, this responsibility of breach of contract does not have legal basis.

Guangdong saves a Consumer’s Committee to think, my advocate happy match is in sale process, use hard bubble of use soft tactics promote a method, revulsive Ms. Li purchases a service, be suspected of encroaching the own option of Ms. Li. To the requirement removing fee of Ms. Li, the provision of responsibility of breach of contract that this company never approves with Ms. Li is a basis, the requirement both neither that insists to deduct 30% penalty due to breach of contract is lawful unreasonable also, the fairness that is suspected of encroaching Ms. Li trades authority. After saving Consumer’s Committee intervening mediation, this company still did not face up to a problem, the attitude is negative and again and again protracted processing, its practice has be contrary to the market economy principle at honest credence, must transform as soon as possible understanding, decorous manner, correct improper management behavior.

Guangdong saves a Consumer’s Committee to return proposal consumer, making the inquiry ought to shift to an earlier date to whether need to sign a contract before big spending, the contract ought to understand carefully before signing a contract main provision, wait for main content about bilateral right obligation, responsibility of b上海夜网论坛

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reach of contract especially, accomplish read a contract to sign final ability to pay carefully again first, still ought to reason treats a salesperson all sorts of promote a method attractively, avoid to pay any fee before signing a contract, close right increase in order to ensure oneself.

Original title: Guangdong saves a Consumer’s Committee: “My advocate happy match ” refund receives penalty due to breach of contract to be suspected of tort liability editor: Li Xiaoling

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