Recently, a news that "the new car of a woman’s front foot was damaged by a 4S shop after paying the full amount" went on a hot search. When the staff of the 4S shop picked up the car for Ms. Huang in Wuhan, they mistakenly hung the reverse gear, causing the vehicle to hit the wall, the rear bumper to fall off and the taillights to be seriously damaged. The new car became an "accident car" before it was mentioned. Ms. Huang, the owner of the car, asked for a new one. After some negotiations, she only got the promise of original maintenance and 4500 yuan compensation from the 4S shop.
When the new car turned into an accident car, the owner had no choice but to sign an "unequal treaty", indicating that he was "very uncomfortable"
△ The new car has not yet arrived, and it has become an accident car. It has been compensated for 4,500 yuan. The parties have restored the incident.
"I didn’t even see how the new car came out. When I arrived at the scene, the car had already hit." Ms. Wang, who bought the vehicle with Ms. Huang, told the Voice of China at the reception desk about the incident: On March 15th, the salesperson of the 4S shop asked Ms. Wang to pay the full amount in advance on the grounds that "the vehicle was mortgaged in the bank". "At that time, the vehicle was in good condition, but the sales said that the vehicle license was not there, so it was not mentioned." On March 22, Ms. Wang received a notice to pick up the car, and there was a collision in which the sales were reversed. After the accident, the 4S shop refused Ms. Wang’s replacement request on the grounds that she had paid the full amount. "The 4S shop said that the money was paid, the insurance was paid, and transfer fees also paid it. The car is ours. They don’t change it. At most, they repair it according to the original parts." Ms. Wang said.
Ms. Wang, who failed in many negotiations, called the consumer hotline and the mayor hotline for help, but she only got a lot of "sorry" from the original "tough" 4S shop, and the problem still could not be solved. "I also thought about taking legal channels, but we really can’t afford it." Ms. Wang said that she was anxious to use the car, and it took a long time to go to court. Moreover, the previous negotiations had consumed a lot of energy, so she had no choice but to accept the mediation plan. Ms. Wang said that it was "very uncomfortable" to spend money to buy an accident car, and it was really helpless to accept the compensation of 4,500 yuan. "Faced with a company, consumers always seem to be in a weak position." Ms. Wang said that she later asked to check and replace the old accessories after maintenance, and the 4S shop did not provide the voucher on the grounds of "throwing it away". Ms. Wang hopes to promote the improvement of relevant legal provisions through her own case, so that consumers will no longer suffer the same losses.
As of press time, the Voice of China, the general station, has never been able to dial the phone number of the 4S shop involved.
Qi Haitao, a senior car critic: Consumers should not be forced to accept "defective cars", and the guide to avoiding pits should be memorized.
△ How to avoid the car trap? Senior car critic Qi Haitao’s tricks
"Let consumers accept ‘ Defective car ’ It is very unfair. " Qi Haitao, a senior car critic and the manager of the media "Chief of Staff said the car", believes that it is "no doubt" to ask the 4S shop to change to a new car. In addition, the 4S shop should apologize and compensate the consumers to make up for the losses of the owners.
Qi Haitao pointed out that consumers should dare to "show their swords" to businesses when facing similar situations. First of all, we must insist on not mentioning the car, and then complain to 12315 and the manufacturer’s 400 phone number. Manufacturers often pay more attention to the brand’s popularity and reputation than the loss, and they will put pressure on 4S stores.
"The fierce competition in the automobile market is the main reason why consumers and salesmen are in a weak position." Qi Haitao suggested that consumers should try their best to choose big brands and qualified dealers when buying a car, and don’t take price as the only basis for choosing a car. When buying a car in a 4S shop, they should try their best to go through formal channels instead of looking for a small financial guarantee company. The process of paying money and inspecting the car should also be standardized, subject to paper contracts, and do not trust the verbal promises of sales staff. Qi Haitao reminds everyone to polish their eyes and "stretch a few strings" in their minds, so as to ensure that their legitimate rights and interests are not infringed.
Zhu Wei, a civil law expert: 4S stores should take full responsibility, and consumers have the right to demand compensation and replacement.
"Who will compensate for the damage of the car is related to the issue of risk transfer." Zhu Wei, an expert from the expert committee of China Consumers Association and deputy director of the Communication Law Research Center of China University of Political Science and Law, said that according to the provisions of the Civil Code, motor vehicles belong to movable property. If the car keys or the control over the use of the car have been handed over to the buyer, the risks will be borne by the consumer. However, in this case, although the consumer has paid the full amount, the control of the car and the driver are all staff of the 4S shop, and the vehicle has not actually been delivered. The damage caused by the collision should be borne by the 4S shop.
Zhu Wei pointed out that even if the key has been delivered to the consumer, it is also a "duty behavior" for the staff of the 4S shop to drive the car by the owner, and it is a "collateral obligation". The vehicle damage caused in this process should also be borne by the 4S shop. "No matter from which angle, consumers have the right to ask 4S stores for compensation and replacement." Zhu Wei said.
Liu Junhai, an expert on consumer rights protection law: Consumers should not be forced into "rights protection experts", and merchants are the first responsible person to protect consumer rights.
△ How to solve the high cost of consumer rights protection? An in-depth analysis of Liu Junhai, a legal expert
"In the face of hot legal issues, we should use legal thinking to treat them rationally." Liu Junhai, vice chairman of the Consumer Protection Law Committee of china law society and director of the Institute of Commercial Law of Renmin University of China, said in an interview with Yang Guang, the head office, that whether the owner has the right to ask for a refund or a new one is related to the tort liability law. From a fair point of view, if the damage is serious, the new one should be supported, but if only the non-critical parts are damaged, the treatment method of maintenance plus compensation is more reasonable. Liu Junhai pointed out that 4S stores should fulfill a higher degree of social responsibility to consumers, carry forward the consumer-friendly business philosophy, and achieve "it is better to lose millions of dollars than to hurt customers’ hearts".
In Liu Junhai’s view, consumers are often weak when facing 4S stores. Due to the unequal financial resources and asymmetric information, it is difficult for consumers to compete with the 4S stores that have invested huge sums of money to invite big-name lawyers to hold litigation marathons. The spirit of safeguarding rights can easily be worn down in the waiting of "dragging on day by day", and the consumer psychology of swallowing up has also encouraged some 4S stores to ignore the rights and interests of consumers. Moreover, the market of 4S stores has yet to be standardized, and there are adverse elimination effects such as "bad money drives out good money" and "good people suffer indignities and bad people are arrogant" In this regard, Liu Junhai pointed out that water can carry a boat, and it can also overturn it. Merchants should not make consumers invulnerable rights experts, but should play the role of "the first responsible person to protect consumers’ rights and interests". Manufacturers should not only have innovative IQ, but also have respected EQ, legal businessmen who consciously believe in and fear Consumer Protection Law and Civil Code, and german businessmen who consciously practice sales ethics.
"It is better to ask for help than to ask for help." Liu Junhai reminded consumers that they should learn from this case, and in their daily consumption, they should "clearly read advertisements, seriously sign contracts, calmly leave evidence, and rationally defend their rights according to law." Be a scientific, civilized and safe consumer.
Producer: Claire Kuo
Reporter Yang Chang
Editor Liu Hongwei Wang Tiantian