汉服写真遇“霸王条款” ，西安碑林法院判决全额退款 —— 预付式消费维权与经营规范的双重启示

Core Viewpoint - The case highlights the importance of consumer rights and the validity of contract terms, particularly in the context of prepayment consumption and the enforceability of standard clauses in contracts [9][11]. Group 1: Contractual Agreement - The plaintiff, Xiaomei, and the defendant, a photography company in Xi'an, signed a contract on October 1, 2025, for a total amount of 1299 yuan, which included four sets of clothing and 16 edited photos per set [7]. - Xiaomei paid the full service fee upfront but later discovered that the company's showcased works were not original, leading her to request a contract cancellation and a full refund [7][9]. Group 2: Legal Proceedings - The court ruled that the contract was valid and binding, but due to the company's false advertising, Xiaomei lost trust and was justified in her request to cancel the contract [9][10]. - The court found the clause requiring a 40% penalty for cancellation before the shoot to be invalid, as it imposed unreasonable restrictions on the consumer's rights [9][10]. Group 3: Implications for Consumers and Businesses - The ruling serves as a guideline for consumer protection and business compliance, emphasizing the need for fairness in contractual agreements and the prohibition of exploitative clauses [11]. - Consumers are encouraged to be vigilant about contract terms, especially regarding refund policies and penalties, while businesses should avoid unfair terms and maintain transparency in their marketing practices [12].