Remaining temperature of roof protection incident has not receded
Continuous occurrence of similar events
The first 500,000 yuan Mercedes-Benz went wrong the next day.
Kunming Citizens 500,000 Hitty Benz New Cars
You cant shift the next day! The first look shocked me.
More recently, it has burst out.
Buy millions of dollars of Porsche luxury cars
But he waited for more than half a year.
You cant even lift a car.
What is more frustrating is that
More than 100,000 yuan in car subscription
Its also hard to return.
Visits by Journalists
Cant lift the car without refunding the deposit
Last December, Mr. Zhang ordered a blue Porsche card banquet off-road vehicle in Kunming Kangshun Shijie Automobile Sales Service Co., Ltd. (hereinafter referred to as Hongqiao Porsche 4S Shop), the total price of which was more than 1.07 million yuan. After ordering luxury cars, Mr. Zhang paid a deposit of 150,000 yuan to 4S Store.
Because the vehicle is an imported vehicle, it takes a long time to pick up the car, so I can safely pay a deposit of 150,000 yuan to go home and wait for news. Mr. Zhang said.
What Mr. Zhang didnt expect was that until July this year, he didnt wait for the information of the pick-up at Porsche 4S shop in Hongqiao. When buying a car, the Porsche Certified Sales Consultant promised that our pick-up date was May this year, but the appointed pick-up date was reached, but the 4S shop did not hand over the car to me. Mr. Zhang said that after many times he found 4S shop to inquire about the car, but he was unable to pick it up normally.
Car buyers use slogans to safeguard their rights
Later I asked the sales consultant, who kept telling me that I would be able to get a car soon, so that I could wait a little longer. But until the end of June, the 4S shop did not give me the car, I did not feel a bit wrong. Mr. Zhang said.
Mr. Zhang believes that because of the reason of 4S shop, he cant pick up the car normally. 4S shop should return the deposit to him.
Since I cant lift the car, I have to find 4S shop to ask for a refund of 150,000 yuan deposit, but I didnt expect it would be so difficult to refund the deposit. Mr. Zhang, regarding the refund of deposit, the employees of 4S shop said that they could only help the car to apply for a refund from the company. As for when they could refund, they did not know.
It was a pleasure to buy a car, but we waited nearly a year for such a result. Mr. Zhang said.
Guaranteed to pick up the car 10 days later, but again lost his word
According to Mr. Zhang, as far as he knows, there are many car owners who are similar to him, and the owners lady is one of them.
Ms. Fang said that in December last year, her family ordered a Porsche Palamera car worth more than 1.1 million yuan at Porsche 4S store in Hongqiao and paid 100,000 yuan.
At the time of car purchase, 4S shop still noted in the car purchase contract, promising to deliver the car to them by April 15, 2019, but at the time of pick-up, 4S shop did not deliver the car on time. Ms. Fang said.
Ms. Fang said that they had also communicated with 4S stores, but by the end of May this year, they had not been able to pick up the car normally. On May 30, we asked 4S shop about the car. 4S shop reassured us that we would be able to pick up the car in 10 days, and also gave us written information. Unexpectedly, 10 days later, 4S shop again lost its voice, until now I have not seen the car. Ms. Fang said.
Ms. Fang also provided this information note to reporters, which said, As of May 30, 2019, our shop has not delivered the ordered vehicles to customers, so we hereby guarantee that the ordered vehicles will be delivered before June 10, 2019, and if not, we will return double the vehicle deposit to customers.
Due to the delay in delivery, Ms. Fang asked 4S Store for a refund of 100,000 yuan. After we offered to refund the deposit, 4S Store also let us wait, but so far no refund has been received. Ms. Fang said.
4S Store Response
The customers refund application has been submitted to the Group, but no reply has been received.
On the afternoon of July 24, the owner Mr. Zhang and the owners lady came again to Porsche 4S shop in Hongqiao Road, Guandu District to discuss their views.
That afternoon, when the reporter arrived, Porsche 4S shop was in normal business, and two rows of display cars were neatly parked in the hall.
On the spot, the owners searched around the office of 4S shop, but did not find the general manager of 4S shop. We cant lift the car now and dont refund the deposit. You have to tell us something about it? Sitting in 4S shop, Ms. Fang contacted Mr. Xue of Hongqiao Porsche 4S shop by telephone, but Mr. Xue said that he was out of the shop now and was not in it.
For the reason of delay in picking up the car, the owners believe that it is caused by the companys capital chain problems. In response, Mr. Xue said on the phone that the company had not told them about the problem of the capital chain, just because the company had not paid the manufacturer to buy these cars, so they could not enter the 4S store in Kunming.
Mr. Xue said, Our group company (Wuhan Kangshun Automobile Service Co., Ltd.) in the control of funds, is that stores do not save money, do not keep money, our store receives money will automatically be credited to the group account. If we need to use money, we need to apply to the group for redistribution, which is such a process. Therefore, the deposit paid by customers has already been assigned to the group account. Now some customers want to refund the deposit, and they also submit the refund application to the group. Now the group has not said that we can not return, but the group has not allocated funds to us. Mr. Xue said.
Mr. Xue said that the group had not answered the question whether and when the deposit could be refunded. He did not know and could not answer the question. What we can do now is to report to the group and to report the customers demands intact. Mr. Xue said.
Delayed delivery is a breach of contract and a deposit or double deposit should be refunded.
Lawyer Li Jun of Yunnan Tianwaitian Law Firm believes that when buying luxury cars, there is a greater risk that they can be delivered on time, because almost all luxury cars need to be booked in advance. After successful booking, the seller will place an order with the manufacturer, and in the whole process there may be a problem of delayed delivery. There are many reasons for delayed delivery, such as not ordering in time, transportation problems, not timely production and so on.
For these two owners, they signed a car purchase contract with the seller and paid the deposit or deposit for the ordered vehicle. However, the seller did not deliver the vehicle at the scheduled time. This situation is obviously a breach of contract. The seller should refund the deposit or deposit to the consumer.
At the same time, as for the difference between deposit and deposit, the seller has different liability for breach of contract, and there are obvious differences. Deposit is a unilateral act, generally regarded as advance payment, so default is mainly refund, if there is another agreement to deal with in accordance with the agreement; and deposit is a way of security, generally regarded as termination, if the consumer defaults, no deposit is refunded, if the seller defaults, the deposit is doubled.
One of the owners has signed a supplementary contract with the seller again, and the legal consequences after the breach of contract have been rearranged. Therefore, the seller should bear the liability for breach of contract according to the agreement.
In addition, lawyer Li Jun reminded consumers how to safeguard their rights and interests in the event of car purchase disputes. First of all, when signing a sales contract, it must be clear whether you are paying a deposit or deposit. If it is a deposit, it must be re-agreed on the liability for breach of contract related to the breach of contract. Secondly, if there are breaches of contract, including delayed delivery, quality defects and so on, it should respond to the consumer association or the industrial and commercial administration at the first time to fix the relevant evidence. Thirdly, if the transaction amount is relatively large, lawyers can be hired in advance to try the contract.