Screenshot of the rules of the G9 private gift activity.
Recently, Mr. Shi from Anhui reported through the ** complaint platform that in August last year, he fell in love with Xiaopeng G9 cars at the Hefei Sunac Mao Experience Center of Xiaopeng Motors, and the sales manager told him that he could become the first batch of car buyers in the top 3,000 in the country by booking immediately, and enjoy an exclusive private gift box. On the premise that he was among the first batch of car buyers by the salesperson, Mr. Shi placed an order for a Xpeng G9 car at Hefei Pengzhi Automobile Sales Service*** in August 2022 and completed the delivery on December 6 of the same year.
After the delivery of the vehicle, Mr. Shi has not received the private gift box, and he found in the exclusive service group of the Xpeng Motors app that the list of the top 3,000 users had already been announced on October 10 last year, and he was not on the list.
Mr. Shi successively contacted the sales manager and store manager of Xpeng Motors' Hefei Sunac Mao Experience Center to appeal, and was told that the problem could not be handled. Subsequently, Mr. Shi asked Hefei Pengzhi Automobile Sales Service *** to return the car for a refund, and the company said that it would notify the store to try its best to deal with this problem, but the problem has not been properly resolved.
From December 4 to 6 this year, the reporter successively contacted the sales manager and store manager of the store involved, but did not receive an effective reply. On December 11, the customer service staff of Xpeng Group's official customer service ** said that Mr. Shi's problem had been recorded and would be dealt with as soon as possible.
Screenshot of Mr. Shi's chat with the sales manager.
Consumer Complaints:
Mr. Shi said that in 2022, when the Xpeng G9 electric vehicle was just launched, in order to encourage customers to buy, the "Penglai Xianjing" G9 private gift box was launched for the top 3,000 customers who purchased the G9 model in the country. According to the screenshot of the event rules provided by Mr. Shi, the gift box contains a G9 car model, a DIY set and a G9 limited digital collection. Mr. Shi told reporters that he has been paying attention to this model and feels that it is very commemorative to become the first batch of G9 owners in the country, and he contacted the sales manager surnamed Zhang of Xiaopeng Motors Hefei Sunac Mao Experience Center on August 10 and September 21, 2022 respectively, and paid 2,000 yuan and 5,000 yuan respectively.
Mr. Shi said that he repeatedly made it clear to the sales store that he must be in the top 3,000, otherwise it will affect the decision to buy a car, and the manager surnamed Zhang responded that he had confirmed with his superiors that he could ensure that Mr. Shi was in the first batch of car buyers.
The screenshot of the chat between him and the relevant sales manager provided by Mr. Shi shows that when Mr. Shi asked the other party whether he was the first batch of car buyers, he received a positive reply. On September 27, 2022, Mr. Shi signed a car purchase contract with Hefei Pengzhi Automobile Sales Service***, and completed the down payment on December 5 of the same year, and delivered the car the next day.
On December 13, 2022, Mr. Shi had not yet received the private gift box of the first batch of car buyers, so he asked the manager surnamed Zhang and was told that "no one in Hefei has received this gift box for the time being, and if anyone gets it, he will contact him". Subsequently, Mr. Shi consulted the exclusive service group in the Xpeng Motors app and was told that the list of the first batch of car buyers was published on the Xpeng Motors forum on October 10, 2022, but Mr. Shi's name was not included in it.
Mr. Shi said that after negotiation, the other party said that he could buy the same gift box online as compensation, but he refused. Subsequently, he believed that the relevant stores had defrauded consumers and demanded that the car be returned for a refund.
Invoices for the purchase of the car. Lawyer's Statement:
The reporter noted that Hefei Pengzhi Automobile Sales Service is a wholly-owned subsidiary of Xiaopeng Automobile Sales, established in March 2021 with a registered capital of 10 million yuan, and its main business scope is automobile sales and automobile after-sales service.
On December 4 this year, the reporter called the manager of Xiaopeng Motors Hefei Sunac Mao Experience Center according to the *** provided by Mr. Shi, and the other party said that he did not know about the situation and would contact the staff to reply.
On December 5, the reporter called the sales manager of the store involved, and the other party said that he would not reply.
On December 6, the reporter called Hefei Pengzhi Automobile Sales Service *** customer service, and the other party said that the relevant problems have been handed over to the store to deal with, and the store manager will reply after confirming the processing progress to the store.
On December 11, the reporter called the official customer service of Xiaopeng Group**, and the customer service staff said that Mr. Shi's problem had been recorded and would be dealt with as soon as possible.
As of press time, the two sides have not reached an agreement.
In this regard, Wu Fenghu, a lawyer at Beijing Jingshi (Shanghai) Law Firm, pointed out that the fourth paragraph of Article 563 of the Civil Code stipulates that "if one of the parties delays the performance of the debt or has other breach of contract that makes it impossible to achieve the purpose of the contract, the party may terminate the contract." "If the consumer has evidence to prove that the purpose of his purchase is to be included in the top 3,000 car purchase list and receive a gift, that is, if he cannot be included in the list and obtain a gift, then the consumer has the right to terminate the car purchase contract and request the return of the car if the purpose of the contract specified at the time of the conclusion of the contract cannot be achieved.
Wu Fenghu said that if the consumer has evidence to prove that the sales manager made false promises when selling the car, and there are still fictitious facts in the process of performing the contract, then the sales manager does constitute fraud in the field of civil law. With sufficient evidence, consumers can further seek help from their local consumer protection association, mediate with the other party, or file a lawsuit in court.
*: The Paper.