Can the prepaid balance be refunded for store transfer?
2025 04/23
Case Review
A new beauty salon has opened in front of Xiao Li's house. During the opening promotion period, Xiao Li recharged 20000 yuan and obtained a membership card that can enjoy a 30% discount. Afterwards, I did several skin care treatments, and the original price of the service was 1000 yuan, but the membership price was only 300 yuan. One day, Xiao Li unexpectedly discovered that this store had undergone a transformation and had changed its operator. Xiao Li contacted the original shop owner, who claimed that the store had been transferred and deregistered with the industrial and commercial authorities. You can find the new store owner to continue doing beauty and hairdressing, and the balance of the original membership card can also continue to be used in the new store, still enjoying the original discount. However, Xiao Li was not satisfied with the new store's technical equipment, so he requested the original owner to refund the remaining 19000 yuan in the card. The original shop owner disagreed, stating that this membership card is not unusable, and furthermore, the contract stated that refunds are not supported when applying for the card. If you insist on a refund, then Xiao Li's previous expenses were calculated at the original price of 1000 yuan per transaction. Xiao Li expressed that he cannot accept it and filed a lawsuit with the court.
Lawyer analysis
Currently, prepaid transactions are emerging in more and more fields such as beauty and hairdressing, fitness and leisure, catering and entertainment. Once there is a change in the operator or a consumer's withdrawal after recharging, such transactions are prone to disputes. In general, the following issues are common in such cases:
1、 Is the non refundable recharge agreement in the contract valid
Prepaid transactions are often provided with contracts by merchants, and the contract terms are generally standard terms. The so-called standard terms refer to the clauses pre drafted by the party providing the contract for repeated use. For example, for common transactions such as banking, insurance, downloading and using software, and applying for various membership cards, the contract signed by both parties is often in the form of standard terms.
Due to the fact that in this situation, the content of the standard terms has already been predetermined by one party and the other party was not aware of it in advance, therefore, from the perspective of fairness, the legal requirements are more stringent. For content that concerns the significant rights and interests of the other party, clear instructions must be provided. If the party providing standard terms unreasonably exempts or reduces their own responsibility, increases the responsibility of the other party, or restricts or excludes the other party's main rights, it will be considered an invalid clause. Common overbearing clauses include "no returns or exchanges after sale" and "personal injury is the responsibility of the seller and has nothing to do with the merchant". The standard clause of 'no refund support' in this case is considered invalid.
2、 Is it necessary to continue using the membership card in the transferred store
After the consumer recharges the membership, a contractual relationship is established between the original merchant and the consumer. If the original merchant no longer exists, the original contract cannot be continued and a refund should be issued. Unless consumers voluntarily accept the services of a new merchant and establish a new contractual relationship with the new merchant, they do not have a mandatory obligation to accept the new merchant's continued performance of the contract. Therefore, in this case, Xiao Li has the right to refuse the services of the new merchant.
3、 What standards should be used for refunds
In practice, judges usually make judgments based on fault regarding how to deduct the amount of consumption that has already been used when refunding, in the absence of a clear agreement. If it is only because the consumer unilaterally reneges after recharging and requests a refund in advance, due to the consumer's own breach of contract, the judge will consider the operator's operating costs and calculate the amount used based on the price before the discount. If the contract cannot be fulfilled due to changes in the operator or closure of the store, the consumer has the right to request that the amount already used be calculated based on the discounted price.
In summary, both consumers and merchants need to be cautious when it comes to pre recharge consumption. Merchants should provide clear prompts and explanations for key information in the standard terms. And both parties should make fair and reasonable agreements in the contract on how to bear the liability for breach of contract and how to refund fees in case of breach of contract.
A new beauty salon has opened in front of Xiao Li's house. During the opening promotion period, Xiao Li recharged 20000 yuan and obtained a membership card that can enjoy a 30% discount. Afterwards, I did several skin care treatments, and the original price of the service was 1000 yuan, but the membership price was only 300 yuan. One day, Xiao Li unexpectedly discovered that this store had undergone a transformation and had changed its operator. Xiao Li contacted the original shop owner, who claimed that the store had been transferred and deregistered with the industrial and commercial authorities. You can find the new store owner to continue doing beauty and hairdressing, and the balance of the original membership card can also continue to be used in the new store, still enjoying the original discount. However, Xiao Li was not satisfied with the new store's technical equipment, so he requested the original owner to refund the remaining 19000 yuan in the card. The original shop owner disagreed, stating that this membership card is not unusable, and furthermore, the contract stated that refunds are not supported when applying for the card. If you insist on a refund, then Xiao Li's previous expenses were calculated at the original price of 1000 yuan per transaction. Xiao Li expressed that he cannot accept it and filed a lawsuit with the court.
Lawyer analysis
Currently, prepaid transactions are emerging in more and more fields such as beauty and hairdressing, fitness and leisure, catering and entertainment. Once there is a change in the operator or a consumer's withdrawal after recharging, such transactions are prone to disputes. In general, the following issues are common in such cases:
1、 Is the non refundable recharge agreement in the contract valid
Prepaid transactions are often provided with contracts by merchants, and the contract terms are generally standard terms. The so-called standard terms refer to the clauses pre drafted by the party providing the contract for repeated use. For example, for common transactions such as banking, insurance, downloading and using software, and applying for various membership cards, the contract signed by both parties is often in the form of standard terms.
Due to the fact that in this situation, the content of the standard terms has already been predetermined by one party and the other party was not aware of it in advance, therefore, from the perspective of fairness, the legal requirements are more stringent. For content that concerns the significant rights and interests of the other party, clear instructions must be provided. If the party providing standard terms unreasonably exempts or reduces their own responsibility, increases the responsibility of the other party, or restricts or excludes the other party's main rights, it will be considered an invalid clause. Common overbearing clauses include "no returns or exchanges after sale" and "personal injury is the responsibility of the seller and has nothing to do with the merchant". The standard clause of 'no refund support' in this case is considered invalid.
2、 Is it necessary to continue using the membership card in the transferred store
After the consumer recharges the membership, a contractual relationship is established between the original merchant and the consumer. If the original merchant no longer exists, the original contract cannot be continued and a refund should be issued. Unless consumers voluntarily accept the services of a new merchant and establish a new contractual relationship with the new merchant, they do not have a mandatory obligation to accept the new merchant's continued performance of the contract. Therefore, in this case, Xiao Li has the right to refuse the services of the new merchant.
3、 What standards should be used for refunds
In practice, judges usually make judgments based on fault regarding how to deduct the amount of consumption that has already been used when refunding, in the absence of a clear agreement. If it is only because the consumer unilaterally reneges after recharging and requests a refund in advance, due to the consumer's own breach of contract, the judge will consider the operator's operating costs and calculate the amount used based on the price before the discount. If the contract cannot be fulfilled due to changes in the operator or closure of the store, the consumer has the right to request that the amount already used be calculated based on the discounted price.
In summary, both consumers and merchants need to be cautious when it comes to pre recharge consumption. Merchants should provide clear prompts and explanations for key information in the standard terms. And both parties should make fair and reasonable agreements in the contract on how to bear the liability for breach of contract and how to refund fees in case of breach of contract.
