4S shop delayed delivery of the car without refund of the deposit, Shenzhen Consumer Council: the contract is all in the protection operator

Nandu News Reporter Chen Rongmei 4S shop delayed delivery, can the deposit be refunded? On February 10, the Shenzhen Municipal Consumer Commission released the "2021 Shenzhen Consumer Complaint Analysis Report", in 2021, the 315 consumer system received a total of 4400 complaints about automobile consumption, the most concentrated problems of complaints are delayed delivery and prepaid fees, and other common complaints include quality problems, maintenance problems, after-sales service, false publicity, price problems, etc.

Typical cases:

A consumer in Shenzhen purchased a vehicle at a car 4S store, paid a deposit of 2,000 yuan, and the 4S store promised to have a current car, informing consumers that they could pick up the car around November 11, 2021. On the evening of November 9, the consumer contacted the 4S store to inquire about picking up the car, and was told that the existing car had been sold to others. On November 10, consumers went to the 4S store to refund the deposit, and the merchant delayed the refund, allowing the consumer to buy another car or wait for the next batch of cars.

Case Study:

After checking the vehicle subscription contract uploaded by the consumer, the whole article is a guarantee for the rights of the operator, and there is a lack of protection for the rights of the consumer, such as the time of pick-up of the car promised by the sales is not reflected in the contract, and it is difficult to form an effective constraint on the operator's overdue delivery of the car. It is recommended that consumers carefully read the terms of the contract when signing the booking contract, clarify the key information such as the model, color, price, and gifts, and implement the contents of the sales verbal commitment, such as the date of pick-up, in the supplementary agreement of the written contract, and clarify the liability for breach of contract.

The Council recommends:

When consumers pay upfront fees, it is often difficult to identify the oral promises made by merchants to consumers to promote sales, and consumers must require them to be implemented into a written contract when the merchant makes oral commitments. In view of the prevalence of unfair standard clauses in contracts in some industries, it is recommended to accelerate the formulation and implementation of model industry contracts, guide and standardize the performance of contract signings, safeguard the legitimate rights and interests of consumers and business operators, and correct unfair standard clauses.