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车展上签协议交订金提车遭加价,4S店销售没签字协议无效
2020-01-10 21:26   来源:  www.wilsonhotel.cn   评论:0 点击:

车展上签协议交订金提车遭加价,4S店销售没签字协议无效2019年12月30日,武汉的曹女士向澎湃质量报告投诉平

2019年12月30日,武汉的曹女士向澎湃质量报告投诉平台(/)反映,她11月份在武汉车展期间购买了一辆凯迪拉克XT5型轿车,当场签订车辆订车协议并支付订金1万元;但在12月底被通知提车时,被4S店告知需临时加价6500元,否则不予出车。

On December 30,2019, Ms. Cao of Wuhan reported to the complaint platform (\/) that she bought a Cadillac XT5 sedan during the Wuhan Auto Show in November, signed a vehicle booking agreement on the spot and paid a deposit of 10,000 yuan; but when she was informed to pick up the car at the end of December, she was told by the 4S store to temporarily increase the price by 6500 yuan, otherwise she would not be allowed to leave the car.

2020年1月2日,涉事4S店所属的武汉恒信星凯汽车销售服务有限公司客服人员就此向澎湃新闻()称,车展期间订车价格有厂家支持,但因客户提车过了车展价格支持的时间,只能加价提车或退还1万元订金。此外,订车时签订的车辆订车协议因无销售顾问签字,属于无效协议。

On January 2,2020, the customer service personnel of Wuhan Hengxin Xingkai Auto Sales Service Co., Ltd., which belongs to the 4S shop, told the news that the price of the car booking during the auto show was supported by the manufacturer, but because the customer raised the car after the time of the auto show price support, only can raise the car or refund 10,000 yuan deposit. In addition, the car booking agreement signed at the time of booking is invalid because it is not signed by the sales consultant.

湖南金州律师事务所合伙人邢鑫认为,4S店在与曹女士沟通提车时间时要求加价,说明并未否定协议效力,曹女士有权通过向法院提起诉讼,来维护自身权益。

Xing Xin, a partner at Hunan's Jinzhou law firm, believes that the 4S store's request for a price increase when communicating with Ms. Cao about the time of the lift did not negate the validity of the agreement, and that Ms. Cao has the right to defend her rights and interests by filing a lawsuit in court.

曹女士介绍,2019年11月份,在武汉国际博览中心车展凯迪拉克的展台上,她当场订购了一辆黑色的凯迪拉克XT5轿车,与销售多次沟通后的价格为275700元,当日签订了订车协议,并支付购车订金1万元,与销售商定提车日期在“元旦前”。

Ms. Cao said she ordered a black Cadillac XT5 sedan on the spot at the booth of the Wuhan International Expo Center auto show in November 2019, at a price of 275,700 yuan after many communications with sales, signed a car booking agreement on the same day and paid a deposit of 10,000 yuan, with the sale agreed to pick up the car before \"New Year's Day.\"

订车后,曹女士多次询问提车时间,均被4S店告知所订车辆还没到店。12月27日,4S店销售人员联系曹女士,称可以提车,但提车需要加价6500元,否则车展期间签订的车辆订车协议作废。

After booking, ms. cao asked many times about the time of pick-up, all were informed by the 4s shop that the car had not arrived. On december 27,4s store sales staff contacted ms. cao, who said they could lift the car, but had to pay a premium of 6500 yuan, otherwise the car booking agreement signed during the auto show would be void.

曹女士说,当时在车展上销售人员告诉她,车展期间有专门的优惠价,过了车展就拿不到这个优惠了,她才在车展期间交付订金并签车辆订车协议。

Ms. cao said she was told by sales staff at the auto show that there was a special discount price during the car show, after which she couldn't get the discount before she paid the deposit and signed the car booking agreement during the car show.

从曹女士提供的车辆订车协议中可以看到,协议中明确标注预订车辆车价为275700元,交车时间为“车辆到店”且乙方交齐全额车款,并未提及具体提车时间以及该车价的有效期限。

As can be seen from the car booking agreement provided by Ms. Cao, the agreement clearly indicates that the price of the reserved vehicle is 275700 yuan, the delivery time is \"vehicle to shop\" and Party B pays the full amount of the car, and does not mention the specific time limit for raising the car and the validity period of the car price.

1月2日,澎湃新闻致电涉事4S店所属的武汉恒信星凯汽车销售服务有限公司,该公司客服人员表示,11月份客户在车展上签订订车订单,当时的价格确实有厂家价格支持,但因客户提车过了车展价格支持时间,只能加价提车。

On January 2, the company called Wuhan Hengxin Xingkai Auto Sales Service Co., which owns the 4S store, and its customer service staff said that customers signed orders for the car at the auto show in November, when the price was supported by the manufacturer's price, but because the customer raised the car after the auto show price support time, only to raise the car.

“如果客户11月份提车,我们还可以按照协议价格走,但现在价格涨了,从275700涨到了282700,我们也没办法。”该客服称,车辆订车协议需要客户和销售顾问双方签字,但曹女士这份车辆订车协议只有客户自己签字,销售顾问并未签字,属于无效协议。

\"If the customer lifts the car in November, we can still go at the agreed price, but now the price is up, from 275700 to 282700, and we can't help it. The customer said the agreement needed to be signed by both the customer and the sales consultant, but ms. cao's agreement was signed only by the customer himself, and the sales consultant did not sign the agreement, which was invalid.

对此,曹女士称,目前电子协议的状态确实是销售待签,“但在订车的时候,协议都是4S店销售在APP上操作的,内容也都是他们写的,当时我也没想那么多,就先签了字,哪知道那么没有诚信。”

In response, ms. cao said that the status of the current electronic agreement is sales to be signed,\" but at the time of car booking, the agreement is 4s store sales on the app operation, the content is also written by them, at that time I did not think so much, first signed, how to know so no integrity.\"

1月2日下午,经过多次协商,武汉恒信星凯汽车销售服务有限公司客服人员向澎湃新闻表示,目前提出了两种解决方案:第一种是客户加价6500元提车;第二种如果客户不愿意加钱,可以退还1万元订金。

On the afternoon of January 2nd, after many consultations, the customer service personnel of Wuhan Hengxin Xingkai Automobile sales Service Co., Ltd. told the news that two solutions were proposed at present: the first was the customer's increase of 6500 yuan in the car; the second was the refund of 10,000 yuan deposit if the customer was unwilling to add money.

针对上述内容,湖南金州律师事务所合伙人邢鑫认为,订车协议属于电子合同,销售人员作为4S店员工,该协议自销售人员发送给曹女士后,其行为为职务行为,已经可以视为4S店发出了邀约,而曹女士在该协议上签字后视为做出承诺,同时曹女士支付了订金,该协议成立并生效。“4S店在与曹女士沟通提车时间时要求加价,说明并未否定协议效力,也视为对该协议效力事实上的认可。”

In response to the above, xing xin, partner of hunan jinzhou law firm, believes that the car booking agreement is an electronic contract, and the sales staff as a 4s store employee, the agreement since the sales staff sent to ms. cao, whose behavior is a duty act, can already be regarded as the 4s store issued an invitation, and ms. cao signed the agreement as a promise, and ms. cao paid a deposit, the agreement was established and effective. \"In communicating with Ms. Cao on the timing of the lift, the 4S store requested a price increase, stating that it did not negate the validity of the agreement and was also deemed a de facto recognition of its validity.\"

因此,邢鑫认为,该协议并未将曹女士11月份提车作为协议优惠车款的限制条件,提车时加价,曹女士有权通过向法院提起诉讼来要求4S店继续履行该协议。(本文来自澎湃新闻,更多原创资讯请下载“澎湃新闻”APP)

Therefore, Xing Xin believes that the agreement did not take Ms. Cao's car withdrawal in November as a limit on the terms of the preferential car payment, and when the car is raised, Ms. Cao has the right to bring a lawsuit to the court to demand that the 4S store continue to fulfill the agreement. (For more original information, please download the \"Surging News\" app)


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