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Netizen: The way you eat is ugly.

Consumers were asked to pay an extra 30,000 yuan when picking up their cars, and the car would not be delivered without the extra money? On July 21, the topic of "Many BMW 4S stores refused to deliver cars" became a hot search.

According to Blue Whale News, recently, consumers in many parts of the country have revealed that they have encountered BMW's unfair terms. The BMW cars they had previously ordered were refused delivery by 4S stores, and the salesperson temporarily demanded a price increase in order to pick up the car.

A consumer from Chongqing said: "I signed a car purchase contract with Chongqing Baoyu Automobile Sales Service (Group) Co., Ltd. on May 29. The car model is BMW i3, the price is 174,500 yuan, and I paid a deposit. At that time, the salesperson said there was no problem in picking up the car, but when it was time to pick up the car, the defendant asked me to increase the price by 30,000 yuan."

The consumer also said: "I negotiated with the 4S store many times, and then the other party said that I could pick up the car by adding more than 10,000 yuan. Later, the manager said that there were no cars and production had been stopped. During the many days of negotiation and communication, the 4S store said something different every day and gave inconsistent responses."

Another consumer from Zhengzhou revealed: "I ordered a BMW i3 from Zhengzhou Baolianxiang Automobile Sales and Service Co., Ltd. at the end of June. The contract was signed, the deposit was paid, and the loan plan was approved. At that time, the account manager said that it would be delivered in four or five days. But when it was almost time for delivery, I was told that the price of the car would be 20,000 yuan higher and that I would be required to switch to a three-year interest-free financial plan, otherwise I would not be allowed to pick up the car."

According to the information disclosed by consumers, BMW 4S stores in many places across the country have refused to deliver on a large scale. The car models are mainly concentrated in the i3, ix3 and 3 Series. Most consumers ordered the car in late May and June, and most of them were asked to temporarily increase the price by 30,000 yuan when they picked up the car in July.

In this regard, some netizens said that "it's ugly" and "when the price goes up, they ask consumers to pay more, but when the price goes down, do they give them a discount?"

According to Blue Whale News, some of the consumers who provided the above feedback also received their cars, but the process was very difficult. Even after all the contract procedures were completed, the consumers had to urge many times before they could complete the process.

The reasons for refusing to deliver vary. For some consumers who have signed contracts and paid deposits, the stores responded that the car has been discontinued or production has been reduced. For those who have only paid deposits but not signed contracts, the stores responded with reasons such as "the headquarters did not approve it".

Many consumers expressed that they could not accept this kind of behavior. Being refused delivery or being asked to increase the price temporarily after the contract has been signed and the deposit has been paid is tantamount to unfair terms.

According to Guangming.com, BMW has previously implemented a series of price discount policies to cope with market changes. In particular, in the face of competition from emerging electric car brands, BMW has adopted a radical pricing strategy to stimulate sales. On July 16, the topic of "BMW has started to increase prices" attracted attention.

The reporter learned that after BMW withdraws from the price war, the consumer order cancellation rate is expected to reach 30%. BMW will keep the cars until the second half of the year to strengthen high-quality sales.

According to Blue Whale News, BMW's strategic layout changes have made consumers pay for it. The contract signed at the beginning has now become a piece of waste paper. The unilateral breach of contract by the 4S store has caused great harm to consumers.

Can a 4S store unilaterally refuse to deliver or raise the price after signing a signed contract? In this regard, Chen Jinbo, a lawyer at Beijing Yingke (Guangzhou) Law Firm, said that such behavior of the 4S store is illegal. When consumers buy cars from 4S stores, it is a sales contract relationship. Consumers have signed a contract with the 4S store and paid a deposit, and the sales contract is established and effective. The 4S store's refusal to deliver the car and the temporary increase in price for picking up the car violate the contract agreement and the relevant provisions of the Consumer Rights Protection Law, the Price Law, and the Civil Code.

According to Article 577 of the Civil Code, "If a party fails to perform its contractual obligations or performs its contractual obligations inconsistent with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."

According to Guangming.com, in response to some BMW owners posting about the difficulty in picking up their cars, 4S stores said they could not deliver the cars due to reasons such as "production cuts and no cars" or "prices rising and unable to issue tickets". Recently, a salesperson at a BMW 4S store in Suzhou said that it was indeed difficult to deliver the cars in July, but the specific reasons were not convenient to disclose. "It has nothing to do with the price increase, it's just that you have to wait a little longer before picking up the car." BMW Customer Service Center said that if the 4S store is slow to deliver, you can call to give feedback, and the customer service will help give feedback to the store for negotiation.

According to Jiupai News, on July 21, a staff member at the BMW headquarters customer service center said that the headquarters has authorized dealers to handle pre-sales and after-sales issues. If consumers do not agree with the dealer's handling, the headquarters can assist consumers in providing feedback to the store.

The staff member said that the government will give a vehicle guide price, but the specific selling price is subject to the dealer. "This is the first time I have received this feedback." He said, "The policies in each place are different, and the discounts given in each place are also different."

Editor: Yang Bo, Beijing Business Daily, Blue Whale News, New Yellow River, Guangming Online, Jiupai News

Image丨Screenshots from Weibo @BMW China, screenshots from BMW official website, screenshots from Blue Whale News public account, screenshots from Weibo comments, Yitu.com