【Consumer Service Report I help if you have difficulties】
"FAW Hongqi: This is not our authorized store"
Mr. Chen broke the news on the black cat complaint platform that on March 24, he booked a Hongqi HS5 flag version car at the Hongqi Hankou Experience Center and transferred 2,000 yuan to the sales staff as an intention fund. After that, Mr. Chen changed his mind and wanted to cancel the reservation, but the sales staff refused to refund the deposit on the grounds that Mr. Chen had paid a deposit.
According to Mr. Chen, on March 24, he came to Wuhan Hongqi Hankou Experience Center to understand the specific situation of Hongqi HS5 Flag Edition. Mr. Chen said he came to the store to see the car because the sales here have been in contact with him and promised that if Mr. Chen bought a car here, he could be given the lowest price. After coming to this experience center, Mr. Chen asked the sales staff whether it was a regular store, and the sales staff replied that they were Hongqi's direct stores.
Although it claimed to be directly operated, the sales staff's approach aroused Mr. Chen's suspicions. Mr. Chen told the special search reporter that the sales staff asked him to make an offer for the car. At the beginning, Mr. Chen quoted 175,000 yuan, and the sales staff felt that the offer was too low, so Mr. Chen decided to go to another store to see it again. Seeing that Mr. Chen was leaving, the sales staff asked Mr. Chen to stay, saying that he could continue to talk in detail. Mr. Chen also quoted 180,000 yuan, and the sales staff said that this price needed to be discussed with the superior leaders, but Mr. Chen had to pay 2,000 yuan of intention money before he could apply. Later, at the request of the salesperson, Mr. Chen transferred 2,000 yuan to the salesman's personal WeChat account.
Mr. Chen said that after he transferred 2,000 yuan to the sales staff on WeChat, the other party said that the price of 180,000 yuan was OK, but it was necessary to buy additional accessories in the store. After some selection, Mr. Chen chose an electric pedal and a manual film for 9800 yuan. However, when signing the car purchase contract, Mr. Chen calculated and found that all the costs added up to nearly 200,000 yuan, and he recalled that he knew a Wuhan car friend, and the same car mentioned some time ago landed about 180,000 yuan. Mr. Chen told the salesperson that the total price was too high and hoped to return the 2,000 yuan of intention money previously paid, but this request was rejected by the salesperson. Afterwards, Mr. Chen learned that the WeChat transfer to the sales staff itself was wrong, and the other party did not issue himself a bill with the company seal. It was not until Mr. Chen called the police for help that the other party hastily opened a receipt and expressed the 2,000 yuan that Mr. Chen had previously paid as a deposit.
The intention gold inexplicably became a deposit, and the deposit also meant that there was no refund, which made Mr. Chen unacceptable. In order to seek help, Mr. Chen called the official customer service of FAW Hongqi, and the customer service staff said that the Hongqi Hankou Experience Center was not their authorized store, and they could not manage this matter.
In order to verify Mr. Chen's statement, the special search reporter called Hubei Mirala Automobile Sales Co., Ltd., which received the receipt, but no one answered.
Subsequently, the reporter called the official customer service telephone number of FAW Hongqi, and the customer service staff said that they had 5 authorized experience centers in Wuhan, of which there was no address of Hongqi Hankou Experience Center. Customer service said that there is also a possibility that this store is a secondary outlet under the authorized experience center, but they can't manage this.
If it is a secondary network under the experience center authorized by FAW Hongqi, does FAW Hongqi really have no responsibility? In this regard, the reporter also consulted Chen Huayi, a lawyer at Guangdong Xiye Law Firm.
Lawyer Chen believes that the legal relationship involving apparent representation is involved here, and the legal consequences of apparent representation are as follows: 1. The apparent representation is established, the contract concluded is valid, and the counterparty in the apparent representation does not enjoy the right of revocation; 2. The person (the principal) bears civil liability for the counterparty (a bona fide third party). In this case, the legal effect of the Hongqi Hankou experience store on behalf of FAW Hongqi is that faw hongqi's internal division of responsibility for the store has nothing to do with the consumer, that is to say, the legal effect of the Hankou experience store in the case is external, and the consumer has reason to believe that it represents FAW Hongqi, resulting in legal liability, and FAW Hongqi cannot stay out of it.
(Note: The deadline for this report is April 14, 2022, due to the appropriate delay in the review process)