After withdrawing from the price war, BMW's 4S stores in many places refused to deliver the car
2024-07-23
On July 22nd, in response to the online news of large-scale refusal to deliver cars at 4S stores across the country, BMW responded by saying: "We have noticed the relevant content and conducted preliminary investigations internally. The relevant cases are individual cases and each case has its own specific situation. BMW is actively communicating with relevant dealers, urging authorized dealers to comply with the 'Automobile Sales Management Measures' and relevant laws, regulations, and contract agreements, safeguard consumer rights, and ensure that consumers receive satisfactory service experience." A "tyrannical clause" was staged: refusal to deliver and additional price for pickup. It was reported 30000 days ago that after BMW China withdrew from the price war, 4S stores across the country refused to deliver cars. The car models are mainly concentrated in i3, ix3, and 3 series models. Most consumers ordered the vehicles at the end of May or June, but encountered delivery delays or were asked to temporarily increase the price by 30000 yuan when picking them up in July. It is reported that the models involved are one of the ones with the largest price reduction in the early stage, with bare car prices as low as tens of thousands of yuan after discounts. After BMW withdrew from the price war, the price of all products in the series increased by 30000 to 50000 yuan. A consumer revealed, "I signed a car purchase contract with a BMW 4S dealership on May 29th for the BMW i3 model, with a price of 174500 yuan and a deposit paid. At the time, the salesperson said there was no problem with picking up the car, but when it was close to picking up, the defendant asked for an additional 30000 yuan." The consumer also said, "After multiple negotiations with the 4S dealership, they said they could pick up the car with an additional 10000 yuan, but later the manager said they were out of stock and had stopped production. During several days of negotiation and communication, the 4S dealership gave different opinions every day, and their responses were inconsistent." Another consumer said, "I ordered the car at the end of June for the BMW i3 model, and the contract has been signed, the deposit has been paid, and... The loan plan was approved, and the account manager said it could be delivered in four to five days. But when it was close to delivery, I was told that the car price would be 20000 yuan more expensive and that a three-year interest free financial plan would be offered, otherwise I would not be allowed to pick up the car In recent days, consumers in Chongqing, Zhengzhou, Shenzhen, Suzhou, Dongguan and other places have revealed this matter to reporters. Based on the comprehensive consumer reports, there have been large-scale refusals to deliver BMW 4S stores across the country, mainly focusing on i3, ix3, and 3 series models. Most consumers ordered vehicles at the end of May or June, and were asked to temporarily increase their prices by 30000 yuan when they received their cars in July. It is worth noting that although some people have mentioned cars, the process of picking up the car is very difficult, even with complete contract procedures and multiple reminders from consumers before the car can be picked up. The reasons why 4S stores refuse to deliver are also different. For some consumers who have already signed contracts and paid deposits, the store's response is "the car has been discontinued" or "production has decreased". For consumers who only paid a deposit without signing a contract, the store responded with reasons such as "headquarters approval not approved". However, in the eyes of consumers, BMW's reason for refusing delivery is simple: the price of the car has increased, and 4S stores are unwilling to sell at the low price they ordered, so they have temporarily increased the price. For this behavior, many consumers express that they cannot accept it. Refusing to deliver or being asked to temporarily increase the price after signing the contract and paying the deposit is equivalent to a tyrannical clause. On July 22nd, in response to the news of large-scale refusal to deliver cars at 4S stores across the country appearing online, BMW responded by saying: "We have noticed the relevant content and conducted preliminary investigations internally. The relevant cases are individual cases and each case has different specific circumstances. BMW is actively communicating with relevant dealers, urging authorized dealers to comply with the 'Automobile Sales Management Measures' and relevant laws, regulations, and contract agreements, safeguard consumer rights, and ensure that consumers obtain satisfactory service experience." The lawyer said that the behavior of 4S stores is illegal. Consumers have the right to refuse BMW's strategic layout changes but make consumers pay for them. The contract originally signed has now become a piece of paper, and the 4S store's unilateral breach of contract has caused harm to consumers. Regarding this, Lawyer Chen Jinbo from Yingke (Guangzhou) Law Firm in Beijing stated that the behavior of 4S stores is illegal. The purchase of a car by a consumer from a 4S dealership is a sales contract relationship. The consumer has already signed a contract with the 4S dealership and paid a deposit, and the sales contract is established and effective. The refusal of the 4S store to deliver the car and the temporary increase in price for pick-up violate the contract agreement and the relevant provisions of the Consumer Rights Protection Law, Price Law, and Civil Code. According to Article 577 of the Civil Code, "If one party fails to perform its contractual obligations or does not perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures, or compensating for losses. Lawyer Chen Jinbo reminds consumers that they have the right to refuse unreasonable behaviors such as price increases and car pickup. They should try to resolve the issue through negotiation. If negotiation fails, they can file a complaint with the brand manufacturer's customer service hotline or 12345 or 12315. If the complaint fails, they can sue the 4S store to fulfill their delivery obligations according to the contract and bear the breach of contract liability for overdue delivery as stipulated in the contract; Or sue for termination of the contract on the grounds of unilateral breach of contract by the 4S store and demand double compensation for the deposit; Or sue and demand that the 4S dealership assume the contractual breach of contract liability; For consumers who have already raised the price due to the situation and completed the delivery, they can still file a lawsuit to request a refund of the additional fee. (New Society)
Edit:NingChangRun Responsible editor:LiaoXin
Source:ChongQing Morning Daily
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