College students 19.9 yuan shoot photo finally spent 26,000 yuan, what routine?
A drop of water can reflect the brilliance of the sun.A case that demonstrates the rule of law.The Official wechat of the Supreme People’s Court has launched a column titled “Small Cases and Big Reasons: New Fashion in the Era”, which brings you to review those shining “small cases”, reflect on the “reasons” contained in them, and jointly feel the positive energy of fairness and justice promoted in every judicial case.Two female college students were attracted by the studio’s advertisement of experiencing ancient costume photography at 19.9 yuan. They wanted to spend the least money to take beautiful photos, but ended up spending 26,000 yuan.The story was trending on March 15 last year.What the hell is going on here?After the case is brought to the court, how does the court hear it?The case review started with an advertisement for Douyin. In December 2019, two female college students, Xiaomin and Xiaoxuan, found an ancient costume photography experience activity promoted by douyin. The beautiful ancient costume photos and the “cabbage experience price” of 19.9 yuan were particularly exciting.At first, to “19.9 yuan photo” this kind of good thing is really, two people also have doubts, “little sister, we do not have any additional costs, including clothing, makeup, photos”, studio customer service reply let them dispel doubts.When they arrived at the store, they found that 19.9 yuan could not get the film effect on the advertisement. “The film effect of 1100 yuan package and the final product are much better.” Under the recommendation and persuasion of the shop assistant, they signed a package agreement of 1100 yuan.At this point, the 19.9 yuan experience has become a 1,100 yuan package.In the shooting, a new wave of promotion came again, must use ampere bottles, clothing upgrade, “if you do not buy, can not shoot that effect”, unable to stand the persuasion of the shop assistant, they signed a “supplementary agreement” of 1588 yuan, so far, the actual consumption upgrade to 2688 yuan.Can we get some beautiful costume photos this time?When it came time to select the photos, several shop assistants tried to persuade them to keep more photos “how beautiful they are”, while the film selector operated the mouse and refused to delete the photos.The order originally contained only 17 photos, but more than 200 were actually taken. Due to various interference in the selection process, the two girls only deleted part of the photos, leaving 109 photos in the end.In this wave of strong sales, the two signed a 24,000 yuan “supplementary agreement” and two copies of the studio as a gift of the “photography service contract”, used to pay for the selection of films, albums and other additions.By now, the original photography experience of 19.9 yuan has been upgraded to more than 26,000 yuan. As they could not afford the high cost, the shop assistant guided them to open online loan services such as Huabei and Instile to borrow money and spend money. After a series of operations, they finally paid most of the cost, and the remaining 5,900 yuan was not paid.After leaving the shop, small sensitive and small xuan think more regret, they are just in school student, do not have income source, be unable to bear really, then that night contact chooses piece division, put forward to delete photo for many times, reduce charge, be rejected by the other side with “the contract had been signed, the photo already sent manufacturer to make, cannot change” for refuse.After the mediation of the Consumer Protection Commission of Shanghai Hongkou District failed, they sued the court and requested to cancel all the contracts signed by the two parties. The studio returned the paid contract price of more than 20,000 yuan, and the balance of 5,900 yuan would not be paid any more.On February 2, 2021, Shanghai Hongkou Court held a public hearing on the case.Court, min and Xuan said, during the shooting, two people repeatedly put forward to delete the photo, reduce the standard set, but the shop assistant with a variety of words to persuade, choose the film is soft and hard for nearly 5 hours to leave the shop, the behavior of the studio obviously violated his right to know as consumers and options.In this regard, the studio argues that the company operates in a standardized manner, and all packages are consumers’ independent choices, which is a normal sales behavior. The contract concluded with consumers is legal and valid, and should be protected by law. If the contract is terminated, consumers should bear 90% of the default liability of the total amount agreed in the contract.After the trial, the court held that the contract relationship between the two parties in this case should be contractual, with the two plaintiffs as the ordering parties and the defendant as the contractor.The series of agreements signed by both parties are the expression of true intention and are established and effective in accordance with the law.In this case, there were five agreements.First, for the order agreement of 1100 yuan, Xiaomin and Xiaoxuan requested to cancel, which was granted by the court. However, considering that the studio has provided clothing and makeup services, took more than 200 photos and carried out brief photo repair, resulting in a certain amount of work, the court decided to compensate the studio for reasonable losses at its discretion.Second, as for the supplementary agreement of 1588 yuan, the studio provided services such as dress upgrade and cosmetics upgrade in accordance with the contract, and the two people have completed the shooting. The agreement has been fulfilled, and there is no basis for cancellation, so the court will not support it according to law.Third, for 24000 yuan of the supplementary agreement and two photography service contract, the agreement was signed three copies, two on the day of the plaintiff for the implementation of the supplementary agreement with the defendant in a dispute over the same year after 26 December to defendants put forward to terminate the agreement, comply with any statutory conditions of exercising the right to terminate, and the studio did not submit supplementary agreement agreed by the work, therefore,To xiaomin and Xiaoxuan request to remove the three agreements and the remaining money no longer pay the appeal, the court to support.In the end, the court ruled that the order agreement of 1,100 yuan, the supplementary agreement of 24,000 yuan and the two Photography Service Contracts signed by both parties were terminated according to law.Studio return Min and small Xuan 18,600 yuan;Dismiss xiaomin and Xiaoxuan’s other appeals.Shanghai Hongkou Court judge Cao Yanmei: “19.9 yuan photography case” this case itself is not complicated, but now recall in fact I was facing a lot of pressure in the trial.Studio at first, the agent’s attitude is very firmly, he stood on the party autonomy, position should be abide by the contract, the stick to both sides sign the agreement can’t literally lifted, in court repeatedly expressed his dissatisfaction and don’t understand, continue to perform the agreement, if the lifted, require the other party to assume the responsibility of breach of contract of 90% of contract value.The legal relationship between the two parties and the judgment of the right to terminate the contract are the most critical difficulties in this case.Second, both sides still more fierce confrontation, the plaintiff is two migrant rural female college students come to study in Shanghai, is relatively weak in the consumer relationship, can summon up courage to file a lawsuit is also supported by hongkou disappear is protected appoint, hongkou district procuratorate to appear in court to support prosecution, hongkou justice to specify the legal aid lawyers, trial is both sides.Finally, because the defendant’s low-price diversion marketing is quite common, there was also a voice on the Internet at that time, there are more people believe that such routine selling behavior of the business violates the principle of good faith, and even constitutes forced transaction.So, how to handle the case according to law, at that time, there was a lot of pressure.I have a similar life experience and feel sorry for these two students.However, I am a judge, I have the motivation and responsibility to take facts as the basis, law as the criterion, with a professional attitude to find out the facts, make a judgment, as far as possible to the whole society to play a good lead and model role.This case should first identify the legal relationship between the two parties. Judging from the content and characteristics of the contract in which the defendant provided the plaintiff with services such as taking photos and making photo albums as required by the plaintiff, the two parties are in line with the contract of undertaking. According to the law, the plaintiff, as the ordering party, has the right to terminate the contract at will.However, there are three restrictions on the exercise of the right of termination. First, the intention of termination must be notified to the other party;Second, the termination notice must reach the other party prior to the completion of the contract work;Third, if the act of rescission causes losses to the contractor, compensation must be made.In this case, the two sides signed a total of five agreements, among which the first package agreement of 1,100 yuan was upgraded to 24,000 yuan, which is the largest agreement.For the performance of this agreement, the defendant did take more than 200 photos for the two plaintiffs, but the agreement also includes the fine repair of photos, the production of photo albums and other content.Here is involved in this case a very core of the problem, is also my court requires the defendant to confirm a point in time, what time is the plaintiff, notice of the plaintiff actually signed an agreement put forward to remove more than 11 PM that day, and this time the defendant still impossible for photo finishing, album production, etc, so for this part is not yet performance of the content,There was no loss for the defendant.As a reasonable loss, the plaintiff should pay compensation for the filming behavior performed by the defendant after the termination of the contract, which is also the requirement of order, justice, integrity and equal legal value.Finally, the court made a judgment in court, and determined that some of the five agreements could not be rescinded, some were partially rescinded, and some were all rescinded. The defendant returned more than 18000 yuan to the plaintiff.I still remember clearly that on the day of sentencing, the two plaintiffs themselves also came to the court. In the final statement of the parties, I asked them to take turns to talk about their understanding of this dispute and their idea of opening online loans to engage in super power consumption.After the verdict, they sent me a letter of thanks, saying, “I will follow the judge’s instructions and learn from this lesson. I will make sure that I have the right attitude towards consumption and will not spend on impulse.”As for the defendant, I claim that as an operator, he should abide by social ethics and business ethics, operate in good faith and protect the legitimate rights and interests of consumers.In fact, the defendant did not accept the mediation until the sentencing, insisted on the contract to continue to perform, after the sentencing is also clear that they will appeal.However, after receiving the ruling, the attorney called me and asked me to inform the plaintiff of my bank account number and prepare for the execution of the ruling, which I did in time.I paid close attention to the follow-up situation of this case after the verdict, and the social response was very good.After the judgment, I also put forward three judicial suggestions on the unreasonable and non-standard behaviors in the defendant’s business activities, hoping that the company could rectify and standardize its operation according to law.For approximately two weeks, the defendant studio made detailed reply, expressed his sincere receive legal advice, and expressed his determination to overhaul, in addition to the employees, professional quality education, modify contract format terms also said will set up a cooling-off period system 24 hours a day in the agreement, the customer can be cancelled unconditionally within 24 hours after signing.At present, the company is in normal operation.Xu Jue hui, deputy to the National People’s Congress, Shanghai international passenger transportation center development co., LTD., deputy party secretary, director, general manager of the case have a lot of education significance, the judge had no case of case, but from set out actually give full consideration to the social effect of case, not only to the merchants routine behavior norms, but also has carried on the specification on college students’ irrational consumption behavior,This judgment not only defended the dignity of the law, but also demonstrated the justice and temperature of the judiciary. It combined the spirit of the rule of law with the socialist core values, and realized the unity of sentiment, ethics and law. It is of great significance to inherit the traditional Chinese virtues and carry forward the socialist core values under the new development pattern.I noticed that, after the verdict, silver circ five ministries and commissions such as joint mandate, further standardize the supervision and management of the college students’ Internet consumption loans, visible, a good decision for a positive role in promoting social development, hope the court can be transmitted more is closely related to the livelihood of the people of the case, let the root of the rule of law concept.Editor: Su Yan Source: Supreme People’s Court