Beijing: Aesthetic medicine Service Contract Demonstration Text Release Medical Beauty Publicity Should Not Create "Appearance Anxiety"

2023-07-18

Medical beauty institutions shall not create "appearance anxiety", nor shall they charge a one-time fee exceeding five times the cost of a single treatment. In order to further standardize the contract signing behavior of beauty medical institutions in this city, the Municipal Health Commission and the Municipal Market Supervision Bureau recently jointly issued the demonstration text of Aesthetic medicine Service Contract (for trial implementation), which is mainly used by for-profit beauty medical institutions to sign service contracts with consumers receiving Aesthetic medicine services. According to the requirements of the model text, consumers should accept Aesthetic medicine services under their real names, otherwise they will have to bear the corresponding burden of proof in case of disputes. If the consumer is a person without or with limited civil capacity, the guardian shall sign the contract on their behalf. Consumers have the right to request drug information and traceability. The model text stipulates that consumers can verify information such as drugs and medical devices, and avoid accepting Aesthetic medicine services provided by institutions and individuals without corresponding qualifications or business qualifications, or using drugs and medical devices that have not been approved, registered or filed by the competent government departments. In addition, consumers can also ask beauty medical institutions for certificates, traceability codes and other data of botulinum toxin, Hyaluronic acid, collagen, prostheses and other filling materials used in the service items, as well as other high net worth medical products. The demonstration text specifically reminds medical beauty institutions to truthfully introduce and promote the service content and effectiveness, eliminate false advertising, and not create "appearance anxiety". No price increase beyond the marked price, no fees not indicated, and no price fraud shall be carried out. In order to resolve the dispute over refund of Prepayment for service of beauty medical institutions, the contract model text further standardized the "prepaid" behavior. The demonstration text specifically reminds that prepaid consumption with a long time span carries risks, and consumers are advised to choose carefully. Among them, if prepaid cards are used for payment, consumers have the right to inquire from beauty medical institutions about the service content redeemed by prepaid cards, as well as the quantity and quality of medical consumables such as drugs and devices, price fees, validity period, balance return, risk warning, breach of contract liability, and dispute resolution information; Have the right to learn about the usage of prepaid cards, inquire about consumption records, balance, and other information. The beauty medical institution shall not charge a fee that exceeds 5 times the single treatment fee in a lump sum or in disguised form, and shall not charge a fee that exceeds the term of the venue lease. If the Aesthetic medicine service has not been completed by the expiration date, it shall be settled by both parties through negotiation. The model text clearly stated that if beauty medical institutions have not implemented Aesthetic medicine services within 7 days from the date of payment, consumers have the right to request termination of the contract and refund. From the date of submitting the refund application form, consumers should return the prepayment in full within 5 days. If the medical beauty services provided by the beauty medical institution cannot meet the actual needs of consumers within the agreed time, and the consumer terminates the contract, the balance of the consumer's advance payment shall be refunded within 15 days from the date of submitting the refund application form. (Reporter Zhang Nan)

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