As colleagues have already answered, you need to write a statement to terminate the contract, referring to the law “On the Protection of Consumer Rights”; if they refuse to return the money voluntarily, then you will have to sue to terminate the contract, according to the Civil Code of the Russian Federation. But repaying the loan is a different story, the money should be returned to you in person and not to the bank, then you yourself will have to resolve the issue with the bank, i.e. If you do not want to continue paying the loan, you will need to repay the loan ahead of schedule by depositing money into the bank.

Article 450.1. Refusal of the contract (execution of the contract) or the exercise of rights under the contract

[Civil Code of the Russian Federation] [Chapter 29] [Article 450.1]

1. The right granted by this Code, other laws, other legal acts or an agreement to unilaterally refuse the agreement (execution of the agreement) (Article 310) can be exercised by the authorized party by notifying the other party of the refusal of the agreement (execution of the agreement). The contract is terminated upon receipt of this notification, unless otherwise provided by this Code, other laws, other legal acts or the contract.

2. In case of unilateral refusal of the contract (execution of the contract) in whole or in part, if such refusal is allowed, the contract is considered terminated or modified.

3. If one of the parties to the contract does not have a license to carry out activities or membership in a self-regulatory organization necessary to fulfill the obligation under the contract, the other party has the right to refuse the contract (fulfillment of the contract) and demand compensation for losses.

Article 450. Grounds for amendment and termination of the contract

[Civil Code of the Russian Federation] [Chapter 29] [Article 450]

1. Changes and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other laws or the contract.

A multilateral agreement, the execution of which is related to the implementation of entrepreneurial activities by all its parties, may provide for the possibility of changing or terminating such an agreement by agreement of both all and the majority of persons participating in the specified agreement, unless otherwise provided by law. The agreement specified in this paragraph may provide for the procedure for determining such a majority.

2. At the request of one of the parties, the contract can be changed or terminated by a court decision only:

1) in case of a significant violation of the contract by the other party;

2) in other cases provided for by this Code, other laws or agreement.

A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

3. Lost power.

4. A party that is granted the right to unilaterally amend the agreement by this Code, other laws or an agreement must, when exercising this right, act in good faith and reasonably within the limits provided for by this Code, other laws or an agreement.

Article 452. Procedure for amending and terminating the contract

[Civil Code of the Russian Federation] [Chapter 29] [Article 452]

1. An agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, contract or customs.

2. A requirement to change or terminate a contract may be submitted by a party to the court only after receiving a refusal from the other party to the proposal to change or terminate the contract or failure to receive a response within the period specified in the proposal or established by law or the contract, and in its absence - within thirty days. .

The beauty salon industry, and the entire Beauty industry in general, is constantly fighting against competitors, and one of the best ways to fight is to offer new products, services, as well as conditions for their purchase.

And in this area, as in any other, there is a risk of running into scammers who make money on the most gullible clients.

Examples of companies

Some companies can be highlighted as examples. Of course, not all of these organizations are fraudulent, but sometimes when working with them, legal assistance with a beauty salon and medical center is necessary:

1. LLC Novamediko, Presnenskaya emb. 6 building 2, Moscow City, Federation Tower;
2. Wellness center GlobalFit, M. Belorusskaya, St. Tversko-Yamskaya 2-ya, 27;
3. Beauty salon The Secret of Youth Company: LLC "The Secret of Youth" Address: st. Pokrovka, house 1/13/6, building 2, office 35;
4. Cosmetology center Estetkosmo, metro station Shchukinskaya, st. Aviatsionnaya, 77, room. 3;
5. Cosmetology clinic Kosmodoc, metro station Prospekt Mira, Olimpiysky Prospekt, 16, building 1;
6. Salon on Mendeleevskaya (New Style, Trio, Rover 1 companies), Sushchevsky Val, 25;
7. Beauty salon Liberty, Zvenigorod, st. Moskovskaya, no. 29, Moscow, Sukharevskaya square, no. 12, 3rd floor
8. LLC Salus, st. Novoslobodskaya, 3;
9. Wellness center Empire (Gelius, Bellona companies), St. Sadovaya-Chernogryazskaya 8, building 7, st. Zhivopisnaya 24 office 1;
10. Monika Beauty Studio (Biomed and Ray companies), Kitay-gorod st. Solyanka 1/2 page 2;
11. Wellness Beauty Salon, metro station Smolenskaya st. New Arbat 21;
12. Pushkinskaya SPA and Global Med, a chain of salons (Relax SPA companies, Beauty Laboratory), Bolshoi Putinkovsky Lane, 5, st. Tverskaya, 18, Pushkinskaya Square, 5;
13. COSMETOLOGY CENTER, st. Suschevsky Val, 16, building 3, st. Suschevsky Val, 16, building 6
14. San Medic, metro Kitay-Gorod, st. Solyanka, 1/2, building 2
15. Wellness Center 365, st. Krasnaya Presnya, 21 Silhouette Health Center,
16. Spa salon World Med 2, st. Bolshaya Sadovaya 2/46 building 1
17. Center for Aesthetic Cosmetology, metro Kitay-Gorod, st. Maroseyka, 2,7,9,13, Maly Zlatoustinsky Lane, 2
18. Beauty salon Elixir, metro station Novoslobodskaya, Veskovsky, 3.

Due to the fact that all of the listed companies are related to beauty salons or medical centers, it is necessary to carefully consider all their promotions, as well as all the loans, credit products and services they offer.

Termination of a purchase and sale agreement with a beauty salon and medical center for the provision of procedures on credit

In order to terminate the contract for receiving procedures on credit, you must perform the following steps:

1. The first step: you must personally come to the salon to submit the appropriate request to terminate the loan agreement, as well as for the funds to be returned to the buyer’s account. A request document for termination of a loan agreement with a beauty salon or medical center must be written in two copies. The first copy is transferred directly to the company, and the second copy, marked receipt, must remain with the victim (in this case, the deceived one). There are cases when an employee, for some reason, refuses to accept and sign such a document, but for such cases, you can send a letter by mail. It is important to send a registered letter with the required notification and an inventory of everything that is in the envelope.
2. With a copy of the request to terminate the loan agreement with a beauty salon or medical center, you must go directly to the banking company, which has either already issued or will have to issue funds to the scammers. The bank must notify employees that the company’s funds are not transferred due to termination of the contract. It is clear that it is necessary to notify not orally, but in writing. Bankers must accept the appeal and put an appropriate mark on receipt, and the victim (in this case, the defrauded person) must have a copy of the appeal.
3. The letter must be sent to the Central Bank of Russia indicating the scheme for receiving funds under the loan agreement. For example, termination of a purchase and sale agreement with a beauty salon and medical center will be faster if it becomes known that the money was demanded immediately, the agreement was signed “somewhere on the street,” or if the identity of the borrower and his income were not studied by the medical center/beauty salon .

In most cases, employees of a beauty salon and/or medical center invite a person to their place already at this stage in order to sign a termination agreement with him. If not, you need to move on, and here you will need legal assistance with a beauty salon and medical center to terminate the contract and return the money.

Of course, there have also been situations in which specialists may begin to dissemble and offer some other services instead of those whose quality the client was not satisfied with. You should not agree to this, since the most important thing at this stage is to initially terminate the loan agreement.

Aggressive actions to terminate the contract for the provision of services by a medical center or beauty salon

If the actions listed above have no effect, you need to move on to aggressive methods:

1. Complaint to the Rospotrebnadzor authorities against the creditor and organization;
2. Contacting the prosecutor's office;
3. A letter written to the Central Bank of Russia to a financial company regarding the fact that a medical center or beauty salon refuses to comply with a request/demand/request to cease work and cooperation with a client;
4. Structuring information, collecting data and presenting all materials in court.

What to do if you bought cosmetics on loan?

This is a separate point, since cosmetics are a type of product that the company has the right not to accept back, and their actions and refusals are regulated by the norms of current legislation.

Therefore, in such a situation, it is necessary to prove that cosmetics or medications received from a beauty salon or medical center have a negative effect on a person (or specifically on a client) (allergies, rashes, scabies, spots, etc.). And if there is a negative impact, then there is a possibility that the product has not passed full certification. This means that the product has negative consequences for the consumer.

The action plan in this case is as follows:

1. Contact the banking company with a request that they close the credit account and not transfer funds;
2. Make an appointment with an allergist to undergo all necessary tests;
3. After the corresponding petition has been drawn up to the beauty salon/medicine center/cosmetology company, it is necessary to indicate in it that the use of cream/ointment/any other product is not possible because the product is not suitable (there is an assurance from a paid, independent allergist). Also, after indicating these facts, it is necessary to insist on termination of the contract for the provision of services by the medical center and beauty salon, as well as on the return of spent funds. The application must be accompanied by details for transferring money;
4. After this, the company has exactly 10 days to give a negative or positive decision on the appeal;
5. If the application is satisfied, it is necessary to send questions about the return of funds to the banking company for control;
6. If the company refused to pay the money and terminate the contract, then it is necessary to send papers and samples of cosmetics/medicines to the commodity examination authorities. If this is not possible, then it is necessary to send all evidence and documents in this case to Rospotrebnadzor and the Prosecutor’s Office;

The examination, which is carried out by the forces and resources of a state company, will make it possible to appeal to the court authorities or refuse to provide services to employees of a beauty salon or medical center. In addition, based on the results of the examination, a writ of execution will be created, and then the bailiffs will take over the case.

What should be done if the application for termination of the loan agreement with the beauty salon or medical center was not accepted or no response was received?

It also happens that initial examinations and studies of products taken on credit did not give any positive results. In such cases, as a rule, either a refusal to continue the case is received, or no documents are received at all. What to do in such cases?

Firstly, it is urgently necessary to organize an independent competent merchandising examination of the purchased cosmetics. A mandatory aspect of such an examination is the presence and involvement of representatives of the selling company.

The examination concerns the compliance of cosmetic products with the current mandatory requirements on the standards of “safety of perfumery and cosmetic products.” These requirements were approved by the relevant decision of the CCC dated September 23, 2011, number 799. If this does not work out (you never know, the employee will not agree or something else happens), you must contact Rospotrebnadzor with the appropriate Application.

In the application (a copy of the application must be sent to the Prosecutor's Office), it is necessary to describe in detail the current situation with a note that Rospotrebnadzor and the Prosecutor's Office check the purchased product to ensure that it fully complies and meets the requirements and safety standards under Article 5 and Article 6 of the TR CU under number 009/2011 for perfumery and cosmetic products. These requirements were approved by the relevant decision of the CCC dated September 23, 2011.

This decision reflects the following types of possible violations:

1. Lack of necessary information about what the product is intended for, what it contains, what it is called, and where the manufacturing company is located;
2. Absence of any other information data that, according to standards and requirements, must be indicated in the product;
3. Availability of information that is not provided for by current standards and requirements regarding composition and other content;
4. Fuzzy/unreadable text for the consumer, due to which some of the important information becomes unavailable for review;

• Indication of incomplete or false information regarding the method of use, which in most cases can lead to both ineffective and dangerous use of the product;

• Lack of information about the manufacturer regarding rules and warnings for the use of the drug. These may be rules regarding skin type, age or other characteristics of the human body;

• The safety level of the product or packaging has not been confirmed by current product declaration standards. As a result, if packaging standards are not followed, the product cannot withstand the expiration date specified by the manufacturer;

• The presence of substances that are potentially dangerous or have narcotic effects;

• Availability of those products that are subject to control on the territory of Russia;

• The presence of substances that are not included in the agreed and approved list of substances allowed for use in cosmetic products;

• The absence of those recipes that could help assess the level of compliance of the product and ingredients with the relevant standards and requirements regarding the scope of application and amount of use.

How can the results of the examination conducted by Rospotrebnadzor help?

The results of the inspection and examination carried out by Rospotrebnadzor will help the client, in the process of applying to the court authorities, to determine the competent judicial authority, which is located within the territorial competence of the cosmetology/medical company.

It should be noted that the choice of magistrate/district court in most cases will depend on the requirements and their size.

If the amount of the goods or goods is above 50 thousand rubles, then the application will be sent to the district court, and if it is less than this amount, then the application will be sent to the court section of the magistrates' courts.

The application must be accompanied by all documents that could be evidence of arguments in the course of terminating the agreement for the provision of credit services or the purchase of goods on credit.

Important! For all questions regarding termination of a contract with a beauty salon or a medical salon, if you don’t know what to do and where to contact:

Call 8-800-777-32-63.

Consumer protection lawyers and attorneys who are registered with Russian Legal Portal, will try to help you from a practical point of view in this matter and advise you on all issues of interest.

You have entered into an agreement with a medical institution, but for some reason you want to refuse the ordered services. What is the procedure? According to existing legislation, you can cancel the contract for the provision of medical services at any time, but on the condition that the actual costs incurred under the contractual obligations will be paid. In this case, you can do without going to the judiciary; it is enough to notify the medical institution of your desire. The form of notification is usually specified in the agreement, but if this clause is missing, it is better to notify the provider of medical services in writing and in advance.

SOLUTION OF THE PROBLEM

Termination of the contract for the provision of medical services, made in two copies and with reference to the relevant provisions of the law, is submitted to the medical institution. The application can be submitted in person, in which case a receipt must be marked. You can also send an application for termination by registered mail with notification, not forgetting to include a description of the attachment. Also indicate in the letter that if your requirements are not satisfied after the expiration of the period for consideration of the application, you will go to court. If you have problems with termination, you can also contact Rospotrebnadzor for help.

As for expenses, if medical services were not in demand, then expenses will be minimal. If you disagree with any amount, you can request a written report on the actual expenses incurred by the medical institution. But funds must be reimbursed in full if:

1. termination of the contract is due to services of insufficient quality
2. when the patient was initially misled about the specifics of the procedures
3. the medical institution does not meet the conditions discussed in the contract.

To do this, you should contact the medical institution with a complaint in writing, in which you need to indicate a specific service that does not comply with the norms of the Law of the Russian Federation “On the Protection of Consumer Rights”. If the clinic refuses to return the money, you can go to court. If a decision is made in favor of the patient, the executor must not only return the money in full, but also pay compensation and a court fine.

So, it is better to start terminating the contract with an attempt to reach an agreement on the basis of mutual consent. Otherwise, you will have to act unilaterally, following the sequence of actions provided for by law.

TRUST YOUR SOLUTION TO PROFESSIONALS!

Of course, you can try to terminate the contract for the provision of medical services yourself, but there are a number of nuances, ignorance of which can affect the outcome of the decision. For example, without an attempt to resolve the issue out of court, the claim may be rejected. In addition, the result is influenced even by how competently the statement of claim is drawn up. It should be noted that the issues of termination of a contract are regulated very sparingly by law; it is difficult for a person without special knowledge to navigate all the existing norms and rules. The best solution would be to use the help of lawyers. Our company’s specialists are ready to quickly prepare an appropriate appeal, develop a strategy for representing your interests in court, and take other necessary actions - and all this in the shortest possible time.

on termination of the contract for the provision of paid medical services

services for the return of funds to a credit institution

On October 15, 2016, agreement No. 2349 was concluded between me Nikolai Sergeevich Podoprigorov and the Limited Liability Company "ECOMEDSPORT" for the provision of paid medical services.

When concluding this agreement, I was forced to pay for medical services through a credit institution, which transferred funds in the amount of the cost of the subscription - Appendix No. 1 to the agreement - 95,500 (ninety-five thousand five hundred) rubles.

According to the terms of the agreement, ECOMEDSPORT LLC engages Wellness Beauty LLC to provide medical services.

When concluding the contract, I was misled, under the guise of providing services, they forced me to sell cosmetics and conclude a loan agreement.

The Contractor under the contract, EKOMEDSPORT LLC, does not have a license to carry out medical activities and therefore cannot be a party to this contract as a Contractor.

Also in violation of Art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights” The contractor, not being a medical organization, did not inform me of what cosmetic products would be used or the duration of the procedures. Contraindications do not indicate personnel qualifications.

Based on Article 32 of the Federal Law "On the Protection of Consumer Rights", the consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the expenses actually incurred by him related to the fulfillment of obligations under this contract.

The contract for the provision of medical services does not fully contain the information provided for by the Rules for the provision of paid medical services by medical organizations. Also, I was not properly informed about the conditions and features of the cosmetology services under the contract. I, as a consumer, do not have any special knowledge in the field of cosmetology services.

Appendix No. 5

to the Regulations on the provision

paid medical services

AGREEMENT

ON TERMINATION OF THE AGREEMENT

for the provision of paid medical services

№ _______________ from"_____" ____________ 20___

Moscow "_____" ____________ 20___

Federal state budgetary institution "National Scientific Center for Narcology" of the Ministry of Health of the Russian Federation, acting on the basis of the Charter, hereinafter referred to as the "Executor", represented by the chief physician__________________________, acting on the basis of Power of Attorney No. _____ dated "___" ______________ _______, on the one hand, and the Patient or the Customer (underline as appropriate) Full Name__________________________________________________________ (Customer is the legal representative acting in the interests of the patient Full Name __________________________________________________________), hereinafter referred to as the “Patient/Customer”, on the other hand, have entered into this agreement to terminate the Contract for the provision of paid medical services No. _______________ dated “_____” ____________ 20_____ (hereinafter referred to as the “Agreement”)

The parties agreed to terminate the Agreement with “____” _________________ 20__. under the following conditions:

1. The Contractor provided the Patient/Customer with medical services within the period from “____” _________________ 20___. by “____” _________________ 200___g. in the amount of ___________________________________________________________________ rubles.

   The Customer paid the Contractor for services in the amount of _______________________________ _______________________________________ rubles.

   The Contractor returns to the Patient/Customer payment for medical services not provided in the amount of _______________________________________________________ rubles, within no more than 30 days from the date of termination of the contract.

   Refunds are made by transferring funds to the Customer's bank account.

2. This Agreement was concluded by mutual agreement of the Parties, who do not have any claims against each other.

3. This Agreement, drawn up in two copies having equal legal force, one for each of the Parties, comes into force from the moment it is signed by both Parties.