Recently, Mr. Cui, a citizen of Weifang, told the Qilu Evening News Qilu OnePoint reporter that in November last year, he signed an agreement with the Jinan Zunchuang Internet Service Center to join the snack, and paid a purchase deposit of 10,000 yuan and a cashier system fee of 9800 yuan. Later, when purchasing snack sauce and other materials, he wanted to use the deposit to deduct the material cost, but was told that the material fee must be purchased for 10,000 yuan to deduct 1,000 yuan.
Paid a "deposit" of 10,000 yuan
You need to buy 100,000 yuan of materials to reach out
Mr. Cui opened a snack bar in Weifang, and in November last year, he wanted to increase the menu category of the snack bar, so he came to the Zunchuang Internet Service Center in Licheng District, Jinan City to inspect the green peppercorn hair belly rice noodle products. "At that time, it looked very good, so I paid a purchase deposit of 10,000 yuan, saying that this deposit could be used when I purchased the goods in the future, and I signed the contract on the same day." Mr. Cui said.
On November 9 last year, the customer service of Zunchuang Internet Service Center contacted Mr. Cui again, informing that each store must have a store operation management system, which not only facilitates operation management, but also helps stores push streams on the takeaway platform through machines and increase customer traffic. "Customer service recommended 2 kinds to me, one is a standard version of 9800 yuan, and the other is a high-end version of 11800 yuan, saying that it is used to open a store, and finally spent 9800 yuan to buy a standard version, and it was not used."
In December, Mr. Cui was ready to buy 8726 yuan of materials in the company, thinking of using the order deposit of 10,000 yuan to directly deduct, but was told that the material fee was less than 10,000 yuan and would not be deducted. "Ten thousand yuan is only worth one thousand yuan, which means that it takes 100,000 yuan of material fees to offset the deposit of ten thousand yuan."
Coincidentally, Mr. Guo of Changzhi, Shanxi, said that he also encountered the same situation as Mr. Cui, "At that time, the staff of the Zunchuang Internet Service Center told me that there was no franchise fee, only 10,000 yuan of cooperation fee, and the cooperation fee could be compensated through the form of return of goods, and later learned that it was necessary to return 1,000 yuan of material fees. Mr. Guo said.
The company said that 10,000 yuan was not a deposit
It is a cooperation fee and a training fee
At 10:00 a.m. on the 11th, the reporter of Qilu Evening News qilu one point came to the Zunchuang Internet Entrepreneurship Service Center located on Qilihe Road in Licheng District, and the person in charge, Mr. Zhao, said: "At that time, the operation teacher who received Mr. Cui was not there, and Mr. Cui did not get in touch with himself in advance. For some of Mr. Cui's statements, the person in charge gave his own explanation.
Mr. Zhao said that 10,000 yuan is not the franchise fee and deposit fee that Mr. Cui understands, but the cooperation cost of the two sides, and Zunchuang Company provides him with training on the secret recipe for rice noodle production and the use of equipment. In the training confirmation list given by Mr. Zhao, the preparation methods including ingredient cutting, sauce ratio, snack side dishes, etc. are marked. "We have a hands-on shop, and after each training is completed, the trainees have to sign at the back."
As for the problem that Mr. Cui mentioned that 10,000 yuan cannot be used, Mr. Zhao, the person in charge of the zunchuangfang, said: "He misunderstood, we implemented a reward mechanism, and the purchase of 10,000 yuan rewarded 1,000 yuan, that is to say, the cooperation fee of 10,000 yuan was finally returned to the customer in another way." The 9800 yuan is the equipment and operating expenses such as the collection machine that Mr. Cui bought after opening the store.
However, for this answer, Mr. Cui did not approve. For the training course, Mr. Cui said, "I have not seen the training list, I have not participated in the training, but I have tasted two bowls of rice noodles in the store. ”
For this, Mr. Zhao did not give a clear response: "We don't know much about the specific situation, and if he has any demands and dissatisfactions, he can come directly to the company to discuss with us." ”
Lawyer Reminder:
All verbal agreements should be implemented on paper
According to mr. Cui's provision of the contract signed by the two parties at that time, the reporter contacted Wang Jianhua of Jinan Shunhua Law Firm, who said after analyzing the contract: "On the surface, this is a cooperation agreement, but in fact it is a franchise contract, and some merchants present the contract in the form of a cooperation agreement in order to avoid responsibility when signing the contract." In fact, there are many differences between the two forms of contract application law and the rights and obligations between the two parties. ”
The content of the contract is vague about the rights and responsibilities of both parties, and does not indicate what services the company will provide, and the deposit issues and promotion issues agreed orally agreed upon with Mr. Cui are not reflected in the contract.
"The purpose of entering into an agreement is to better fix the responsibilities of the two parties in the agreement from the system and even the law. It can monitor both sides' commitments. Lawyer Wang also reminded the public, "When the two parties sign the agreement, they must implement all verbal commitments on paper, and once the two parties are in dispute, they can follow the legal procedures in accordance with the content of the agreement." ”