Traditional Culture Encyclopedia - Photography and portraiture - Is non-refundable or non-exchangeable terms for taking photos?
Is non-refundable or non-exchangeable terms for taking photos?
No refund or exchange for photo shoots is the overlord clause.
According to relevant legal provisions, operators use format clauses, notices, statements, store notices, etc. to exclude or limit consumer rights, reduce or exempt operators from responsibilities, and increase consumer responsibilities, etc. Any provision that is unfair or unreasonable shall be invalid.
Solutions to avoid refunding the photos after paying for them:
1. Keep valid evidence, use a camera to take photos of the product from all angles, and communicate with the merchant Chat records for use in case of complaints;
2. Negotiate with the merchant and notify the merchant after collecting evidence;
3. Request the merchant to return the goods. If the merchant returns the goods without reason within 7 days, However, if there is no third-party quality inspection, the merchant will be required to refund the money and bear the freight;
4. Request the merchant to compensate. If the merchant participates in the "fake one, compensate three" policy, That requires merchants to not only refund, but also pay twice the actual price paid for the goods, and bear the logistics costs of the goods involved. If the merchant participates in third-party quality inspection, the merchant is required to compensate twice the amount paid for the product and bear the logistics costs;
5. Complain to the website. If the above returns or compensation and the merchant fail to After reaching an agreement, you can complain to the merchant;
6. Complain to the Consumer Protection Association. If the decision made by Taobao does not achieve the results you want, it is recommended to complain to the Consumers Association. You can file a complaint with the Consumer Protection Association. Taobao complained together
7. Logistics returns the goods. If an agreement is finally reached through the above methods, the goods will be returned to the merchant and the logistics documents will be retained to avoid default by the merchant;
8. Check the refund.
In summary, the law clearly stipulates that if the goods or services provided by operators do not meet quality requirements, consumers may return the goods in accordance with national regulations and the parties’ agreement, or require the operators to perform replacement, repair, etc. obligations . The photo studio’s no-refund and no-exchange clause limits consumers’ rights and exempts them from their obligations.
Legal basis:
Article 26 of the "Consumer Rights and Interests Protection Law of the People's Republic of China"
Used by operators in business activities For standard terms, consumers should be reminded in a conspicuous manner that the quantity and quality of the goods or services, price or fees, performance deadlines and methods, safety precautions and risk warnings, after-sales services, civil liability, etc. have a significant interest in consumers. content and explain it according to the requirements of consumers.
Operators may not exclude or restrict consumers’ rights, reduce or exempt operators’ responsibilities, or increase consumer responsibilities through standard terms, notices, statements, store notices, etc., which are unfair and unfair to consumers. Reasonable regulations do not allow the use of formal clauses and technical means to force transactions.
Format terms, notices, statements, store notices, etc. that contain the content listed in the preceding paragraph shall be invalid.
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