Civil indictment

       PlaintiffLi Yunhe (a pseudonym),Female,1988Years2Month9Health, Han, legal documents to address:*The city*District Industrial Avenue South*Xi Cun Xin Ye Lu78Yang Industrial Zone No.2The first floor of building.

       Defendant*The city is known*Cosmetics Co., Ltd., the legal representative Du*Pu, address*The city* *District Sports West9No.*Department of North Block Building26FloorA.

    The claim:

    1Requests that the defendant, refund service is not yet available cost1617Element.

    2Order the defendant to pay, request1617To the end of the dayTheInterest.

    3In this case, the litigation costs to be borne by the defendant.

    The facts and reasons:

    1, the plaintiff and the defendant to2012Years5Month13Japan entered into a service contract, the plaintiff agreed charge2000ElementBuyThe beauty of the membership card, the defendant committed"Enjoy the whole twelve months free beauty items"Service, with the official seal of the"Fee receipt"As. Thus it can be seen, the"The toll data"Is a service contract. In the contract, the original,The accused both sides in addition to the above, there is no any other agreement. The service contract shall have the force of law.

    2From, the defendant5Month3Date to7Month1Day, providing a total of beauty services to the plaintiff5Second, excluding service charge383Yuan, the remaining1617Element, the defendant to provide"Consumption records"According to the. The"Consumption records"Clear recordIn addition"Nursing care of thirty percent off, product ten percent off"Outside, also no other contract agreement.

    3The plaintiff, in7In August second free beauty services request, has been providing services of beauty care"Jane"Miss endless requires the plaintiff to recharge2000ElementGet intoBeauty card, otherwise, no longer provide service, also do not refund the unused cost1617Yuan, the plaintiff complained to the*The city* *Consumer committee, the Committee2012Years7Month19Date issued"The complaint terminated mediation"Seek legal means to solve, suggestions.We will"The complaint terminated mediation"Attached.

    4To participate in the mediation, the "unit" is"*The city* *Dongpu Ya Shu beauty salon"The plaintiff with the unit, no service contract relationship, they participate in the mediation and opinions have no legal effect, the plaintiff shall not be approved. The Dongpu Ya Shu beauty salon in mediation with the plaintiff in the contract have never seen2012Additional remarks years free beauty project"Defense, belongs to the unilateral change the terms of the contract, breach of contract law on the only agreement the parties to change the contract. Especially the2012Free beauty items"Standard terms belong to violate the interests of the,Due to the absence of the plaintiff especially the exemption clause, soNo binding on the plaintiff. Because,"Consumer protection law" the provisions of article twenty-fourth:"The operator shall not in format contract, notice, statement, shop notices, make provisions for consumer unfair, unreasonable, or civil liability relief, relieve the damage the legitimate rights and interests of consumers should bear the.""Where standard contracts, circulars, announcements, shop notices, etc, contain contents as listed in the preceding paragraph, the contents of such standard contracts, circulars, announcements and shop notices, etc, shall be invalid."

    5, the defendant to provide service is through "scraping" hair removal. The craving is off his leg too much hair. Scraping, is used for physical therapy physical illnesses and the treatment of diseases, always belongs to Chinese medicine, application fields, and acupuncture, massage, Chinese medicine therapy belong to the same series. Laser hair removal is to penetrate the hair follicle, the hair follicle degeneration and atrophy, to achieve permanent hair removal effect. Therefore, scraping and laser beauty belongs to the medical cosmetology. The State Council "medical institutions management regulations" provisions of the aesthetic activities must obtain the "practice license of medical institution". The defendant did not obtain the licensing conditions for the implementation of scraping, laser beauty services, in violation of the mandatory provisions of laws and administrative rules and regulations.

    6, law, business unit shall provide invoice to consumers in accordance with the law service. But the defendant for the plaintiff2000Yuan only issue"The payment receipt"For many customersAlsoDid not issue a legal invoice, also belong to illegal behavior, suspected of tax evasion, the report to the tax organ retentionTheRight.

    7"Contract law," the provisions of article 108th:"A party expressly or by their actions that they do not perform its obligations under a contract, the other party may before the time of performance demand it to bear the liability for breach of contract.""Consumer protection law" the provisions of article forty-seventh:"Operators to provide goods or services for advance payment, should be provided in accordance with agreed. If the business operator fails to do so in accordance with the agreement, the business operator must, at the request of the consumer, implement the agreement or refund the advance payment and bear the interest on the advance payment and reasonable expenses needed to be paid by the consumer."Therefore, the plaintiff requests the refund is not the cost of service1617Element, and pay the costs to the end of the dayTheInterestThere is a legal basis.

    Yours sincerely

*The city* *District People's court

                                Like a man:

                                2012 AugustFourteenDay

    (China South City netizen Li Yunhe (a pseudonym) consulting, said her leg hairy, not wear skirts in summer, see the beauty salons promise laser hair removal, so the capital contribution2000Yuan to buy a membership card. The card also surplus1617Element, beauty parlor insisted that the girl and then charge2000Yuan, or refuse to continue to provide services, the balance is not returned, she had sleepless nights, so help me, I know the case after, drafted the "civil complaint for her". My mobile phone 18321864965Please dial), consulting.