Coercive Sales | Can I Cancel and Get a Refund After Being Coerced into Buying Beauty Products? Lega-

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Coercive Sales | Can I Cancel and Get a Refund After Being Coerced into Buying Beauty Products? Lega

強迫推銷、消費糾紛案例分享

The goal of forced sales is to induce people to purchase products or services they don't actually need. Forced sales not only harm consumers' rights but also have a negative impact on the entire consumer market. How can one exercise their rights when faced with inappropriate sales tactics? Can products purchased through forced sales be refunded? This article will draw from DeYi's past case experiences to reveal the seriousness of improper sales tactics, understand the definition of forced sales, explore related legal disputes, and discuss how to handle consumer disputes caused by forced sales.

Understanding Forced Sales

Definition of Forced Sales

Forced sales are a sales strategy that typically involves using high-pressure, deceptive, or manipulative tactics to induce potential customers to purchase products or services they may not be interested in or may not need at all. This sales approach often does not give consumers enough time to carefully consider their purchase and may involve false representations, threats, or other manipulative behaviors. In essence, the core characteristic of forced sales is the use of inappropriate tactics to pressure consumers into making a purchase decision.

Common Forms of Forced Sales

Forced sales can manifest in various forms. Here are some common forms of forced sales:

Forms of Forced Sales Techniques
High-Pressure Sales	Salespeople apply tremendous pressure, emphasizing the urgency of an immediate purchase and not allowing consumers time to consider.
False Advertising	Providing false or exaggerated product information, leading consumers to believe they are purchasing a different product.
Threats or Intimidation	Threatening consumers, such as threatening to cancel services, take legal action, or impose other adverse consequences.
Hidden Costs or Terms:	Concealing additional fees, contract terms, or cancellation policies, leaving consumers with unforeseen issues after the purchase.
Misuse of Personal Information:	Inappropriately using or sharing consumers' personal information to increase sales pressure.
Fabricating Evidence	Offering false evidence or testimonials to prove the value of a product or service

Protecting Consumers from Forced Sales Practices

Consumer Rights Protection

Consumer protection laws aim to safeguard consumer rights, promote the safety of national consumer lifestyles, and enhance the quality of consumer life. This includes ensuring that consumers have the right to be informed, choose, and be treated fairly. Furthermore, it serves both as a social and economic policy mission. In the future, the effective implementation of consumer protection laws will not only provide reasonable safeguards for consumer rights but also drive improvements in the quality of goods and services, promoting the healthy development of businesses.

The Right to Consumer Complaints and Appeals

Consumer protection laws grant consumers the right to file complaints when disputes arise with business operators due to consumer relationships. This means that if consumers believe their rights have been violated, these complaints will be investigated, leading to effective sanctions against improper business practices. This ensures that improper sales behaviors receive appropriate responses and resolution while protecting consumer rights.

Handling Consumer Disputes Arising from Forced Sales

Case Sharing on Forced Sales

Miss A was out shopping one day and passed by the storefront of B skincare products. The saleswoman at B skincare products' store approached Miss A in a friendly manner and began persuading her to enter the store for a free skin condition test and analysis, with the opportunity to try skincare products based on the test results.

During this period, the saleswoman continuously emphasized that this was a limited-time opportunity and claimed it was a free event primarily aimed at providing customers with more knowledge about their skin. She told Miss A that, based on the test results, her skin might have some issues such as sensitivity, redness, dryness, and pointed out that B skincare products were the ideal solution to these problems. The saleswoman also mentioned that if Miss A participated in the free event, she could enjoy additional discounts and gifts, making it even more enticing.

During this time, the saleswoman kept emphasizing the benefits of the event and suggested various B skincare product offerings. Under the pressure and attraction created by the saleswoman, Miss A eventually agreed to enter the store for the test and trial.

However, once Miss A entered the store, the situation began to change. The staff inside the store guided Miss A to a partitioned area and asked her to lie down for the skin test. During the test, the staff started introducing various high-value skincare products to Miss A, claiming that these products could help her address her skin issues. Despite Miss A expressing uncertainty, the staff continued to exert pressure, stating that the special prices were only available if she made a purchase that day.

Under this high-pressure environment, Miss A ultimately agreed to purchase a series of skincare products and made a substantial payment with her credit card. When Miss A returned home, she started to regret and feel puzzled about her purchase. She began researching relevant consumer protection laws and realized that she might have been influenced by improper sales tactics.

The next day, Miss A attempted to contact B skincare products' store to cancel the contract and request a refund. However, the store claimed that the contract had already been formed, and the goods had been delivered, stating that it did not fall under the definition of 'doorstep trading' as per the Consumer Protection Act, and therefore, they couldn't cancel the contract or provide a refund. This left Miss A extremely distressed, and she began seeking avenues to resolve the issue and protect her rights.

Dealing with Forced Sales and Practical Experience

According to Article 19, Paragraph 1 of the Consumer Protection Act: 'A consumer engaged in a communication transaction or doorstep transaction may unconditionally rescind the contract in writing or return the goods within seven days from the receipt of the goods or the acceptance of the services, without specifying any reason and without bearing any cost or price
The interpretation of the Administrative Yuan's Consumer Protection Commission on May 10, 2002, in letter No. 0910000504, states: 'Apart from the need to inspect the place the contract was formed and the invitation process, factors such as whether the consumer had an opportunity to compare similar products and whether the consumer was mentally prepared should also be considered in determining the formation of the contract. If an enterprise operator did not receive an invitation from the consumer but induced the consumer to enter the business premises through methods such as testing and free trial experiences, and the consumer engaged in the transaction without any mental preparation, it can be considered as a special trade governed by Article 19 of the Consumer Protection Act.
Although B skincare products' store claimed that Miss A made the purchase 'inside the store' and not through a doorstep visit, which, according to them, does not meet the definition of 'doorstep trading' as per the Consumer Protection Act, Miss A was still entitled to the provisions of Article 19 of the Consumer Protection Act. She could unconditionally cancel the contract and request a refund within seven days of receiving the goods.
In the end, with the assistance of our lawyers, Miss A filed a consumer dispute complaint with the local government. During the complaint process, our lawyers argued the legal position mentioned above and successfully helped Miss A cancel the contract with B skincare products' store and receive a full refund of NT$160,000.

Forced sales carry certain risks and consequences in the consumer market, especially for consumers. When consumers are subjected to strong persuasion and pressure from salespeople, they may make purchase decisions they later regret. This can lead to unnecessary financial losses and have an impact on personal financial situations. Additionally, consumers may end up with products or services that are not suitable for them, which can negatively affect their health or quality of life. In dealing with forced sales and consumer protection, it is crucial to protect one's rights. If you encounter any related issues during your shopping experience, it is recommended to seek assistance from a professional lawyer. Lawyers can help you understand consumer protection regulations and provide guidance to ensure your rights are protected. Don't hesitate to seek professional assistance to ensure that your consumer experience is fair, transparent, and compliant with the law. Protecting yourself also contributes to maintaining a fair and healthy consumer market.

Reference Source：行政院消費者保護會

Relevant Regulations：消費者保護法

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