I regret joining, can I get my money back?

This depends on many factors, one is whether it has rights and the other is whether the company has money.

First, it depends on the signing time. If the contract has just been signed and the company has not yet started providing services, training, site selection, decoration design, etc., then it is still in the "cooling off period" and the franchisee has the right to unilaterally terminate the contract and require the company to return the franchise fee. Need to bear liability for breach of contract.

Article 12 of the "Commercial Franchise Management Regulations" stipulates that the franchisor and the franchisee shall agree in the franchise contract that the franchisee may unilaterally terminate the franchise contract within a certain period after the conclusion of the franchise contract. contract. The "cooling off period" clause takes into account that the franchisee may not have a full understanding of the industry to be franchised. In order to protect the interests of the franchisee, the law requires the franchisor to give the franchisee a certain period of time to consider whether to continue engaging in franchising. , if the franchisee decides not to engage in franchising, he may unilaterally terminate the contract at any time within this period. The franchisee's right to unilaterally terminate the franchise contract is a legal right that cannot be arbitrarily restricted or deprived by the franchisor. Even if the contract does not stipulate a "cooling off period", the franchisee still has the legal right to terminate the contract within a reasonable period.

However, there is no clear regulation on how long the cooling-off period is. It is generally considered by the court based on the circumstances of the case, and the standards for determination by courts in various places are different. If you decide not to join again, you should terminate the contract as soon as possible to protect your own rights and interests. After all, "the law does not protect the right to sleep." The longer it is delayed, the worse it will be.

Secondly, if the contract has been signed for a long time, or if the store has already been opened and operated, it will be difficult to apply the "cooling off period" provisions to exercise the right of unilateral termination. At this time, it is necessary to start with the company's faults and other aspects to collect favorable rights protection evidence.

1. Whether the company engages in false publicity, false promises, etc. when soliciting investment.

Article 23 of the "Commercial Franchise Management Regulations" stipulates that the information provided by the franchisor to the franchisee shall be true, accurate and complete, and shall not conceal relevant information or provide false information. If the information provided by the franchisor to the franchisee changes significantly, the franchisor shall promptly notify the franchisee. If the franchisor conceals relevant information or provides false information, the franchisee may terminate the franchise contract.

According to the above provisions, if the company conceals relevant information or provides false information when recruiting investment, the franchisee has the right to unilaterally terminate the franchise contract after discovering it. As for what information is concealed or false information is provided to what extent, Only franchisees have the right to terminate unilaterally. Laws and regulations do not clearly stipulate that. In judicial practice, it generally refers to information that has a significant impact on the signing of the contract and is enough to influence the franchisee's decision to sign or not.

2. Whether the company actively performs its contractual obligations during the performance of the contract, and whether the services provided comply with the contract.

For franchisees, choosing to join and being willing to pay a certain franchise fee is often because the company has made a lot of commitments to the project and agreed to provide site selection, training, decoration design, distribution equipment and materials, With a full set of store opening services such as product updates, franchisees can easily open a store. There are a large number of quick recruitment companies that use false propaganda and other methods to induce franchisees to pay the franchise fee, but often fail to provide corresponding services, or the services provided have major flaws.

Article 563 of the "Civil Code" stipulates that the parties may terminate the contract under any of the following circumstances: (2) Before the expiration of the performance period, one party expressly expresses or by its own behavior It indicates non-performance of major debts; (3) One party delays the performance of major debts and fails to perform within a reasonable period after being urged; (4) One party delays performance of debts or commits other breaches of contract, resulting in the failure to achieve the purpose of the contract.

According to the above provisions, if the company makes mistakes during the performance of the contract, the franchisee has the right to unilaterally terminate the contract on the grounds of the company's breach of contract and require the company to return the money and compensate for losses.

3. Whether there is a risk of defects or infringement in the trademarks or project logos authorized by the company.

The trademark or project logo authorized by the company to be used by franchisees is the company's core operating resource. If its trademark or project logo is suspected of infringing on the exclusive rights of others' registered trademarks, it is a business resource. If there are major defects, the company should be deemed to have constituted a fundamental breach of contract. The franchisee can sue the company to terminate the franchise contract and request a refund of the franchise fee and compensation for losses. The losses include decoration fees, equipment fees, material fees, lease deposits, rents, etc. and the amount of infringement compensation. All evidence materials need to be kept, including: franchise contract, franchise fee receipt or invoice, effective judgment on liability for trademark infringement, evidence of various losses, etc.

It is recommended that franchisees should require the franchise company to produce a trademark registration certificate before joining, and take appropriate investment risk prevention and control measures to avoid investment losses.

After the above analysis, the next question is whether the company has money. As the saying goes, "It's hard for a good woman to make a meal without rice." If the company has no property in its name, the franchisee may "win the lawsuit but not get it." Therefore, you should also pay attention to strategy when taking the legal route. There are a few tips.

1. When suing in court, if the company is a one-person limited liability company, the shareholders of the company can be listed as defendants, and the shareholders of the company can be required to bear joint and several liability for the company's debts;

2. If the company has two or more shareholders, if (1) there is evidence that the shareholders of the company used their personal accounts to collect franchise fees, material payments, etc.; (2) the company is currently insolvent and there have been cases due to insolvency. If the property is available for execution and the capital is final; (3) If the company is maliciously canceled by a shareholder, the company's shareholders can also be listed as defendants, making the company's shareholders bear joint and several liability;

3. When suing , it is recommended to apply for property preservation and apply to the court to freeze or seal the property in the name of the company and its shareholders (bank accounts, Alipay, WeChat, houses, vehicles, etc.) to prevent the company and shareholders from maliciously transferring property and evading execution; < /p>

4. If no property is found in the company’s name after investigation by the court, after the execution is terminated, the company’s shareholders can be added as the persons subject to execution, so that the company’s shareholders can bear responsibility within the scope of unpaid capital contributions. Or sue the shareholders in another case and demand the shareholders to bear responsibility.