The refund of the photo studio will deduct liquidated damages.

Ms. Lu bought a photo photography package, only to find that the pictures displayed on the page are not in this package and need to be photographed at a higher price. Ms. Lu, who wanted a refund, was told that the platform had to deduct 20% of her liquidated damages before agreeing to a refund.

Last year165438+1October 30th, Ms. Lu bought a photo package of a photography studio online. "At that time, the pictures on the group buying page were very beautiful, so I wanted to take a set for my children. Because the weekend is full, I have an appointment to shoot after the year. "

According to the group purchase page, this boutique photography package worth 299 yuan will provide 3 sets of clothes and 3 professional makeup styles, and give away 50 negatives and 15 refined electronic photos. The photo styles displayed on the page are Japanese, princess and Christmas, with the title "Variety of styles, you can try".

On February 18, Ms. Lu came to the store with her children in high spirits and wanted to choose a more suitable style to shoot on the page. "At that time, I took a fancy to the national tide style and retro oil painting style displayed on the page. As a result, I was told that I couldn't shoot, but I could shoot some particularly outdated styles. The shop owner said that it was necessary to increase the content of the page before shooting, and added a set of 200 yuan. Only when 600 yuan increases the price can he take three sets of photos displayed on the page. "

In the store, the clerk used a tablet computer to show Ms. Lu the actual photo styles that can be taken in this package, which is far from the pictures with diverse styles, exquisite makeup and beautiful scenery in the publicity page. The store explained to Ms. Lu that the pictures displayed online were not required by the store; The group buying platform said that these pictures only show that there are these styles in the store, not the contents contained in the package. "The actual content is not displayed at all, and the price will be increased. Is this reasonable? Now it is equal to deception, false propaganda, and attracting consumers to buy with low prices and beautiful pictures, which makes me very uncomfortable. " Ms. Lu said discontentedly.

In this case, Ms. Lu did not intend to shoot again. She asked the platform customer service to apply for a refund, but was told that the refund must be deducted by 20%. It turned out that at the bottom of the group purchase page, it was marked "If a refund is required, 20% penalty will be charged within the validity period, and 30% penalty will be charged within half a year after the deadline. If it is overdue for more than half a year, it will be deemed as a waiver and will automatically expire. " The rules of use also say "Pictures are for reference only".

In this regard, Lawyer Peng of Beijing Changhong Law Firm believes that according to Article 497 of China's Civil Code, if the party providing the format clause unreasonably aggravates the other party's responsibilities and restricts the other party's main rights, the clause is invalid. Therefore, the provision that the refund stipulated by the platform needs to deduct 20%-30% penalty is an invalid format provision.

Regarding whether the platform constitutes false propaganda, Mr. Peng pointed out that false propaganda refers to the public propaganda of goods or services by operators that is inconsistent with the actual situation, which leads to or is enough to lead to misunderstanding by buyers. In this incident, the "purchase instructions" of the platform did indicate that "the pictures are for reference only". Even if it does not constitute false propaganda, Mr. Peng suggested that "pictures are for reference only" be clearly marked in a prominent position to avoid misunderstanding. Lawyer Peng also reminded consumers that before payment, they must read and explain all relevant tips clearly to avoid unnecessary disputes.

Finally, the reporter learned that after Ms. Lu complained to the black cat complaint platform and hotline 12345, the platform had fully refunded Ms. Lu's group purchase money.