Recently, a complaint about Xiaopeng Motors' sales service not fulfilling the rules of the "Penglai Xianjing" G9 private gift activity has aroused widespread attention. The complainant, Mr. Shi, reported on the surging quality concept complaint platform that in August last year, he booked a Xpeng G9 car at the Xpeng Motors Hefei Sunac Mao Experience Center, and according to the sales manager, as the first batch of car buyers in the country, he will enjoy an exclusive private gift box. However, when Mr. Shi did not receive the gift box after delivering the car, he found that he was not on the list of the first batch of car buyers. The screenshot of the complaint shows that Mr. Shi had clearly communicated with the sales manager that he must be among the top 3,000 car buyers, and the sales manager said that he could guarantee his list qualifications. However, in the end, Mr. Shi did not get the promised gift box and could not get a reasonable explanation, so he asked The Paper for help from the complaint platform. This incident triggered the lawyer's legal interpretation of the relevant consumer rights and interests, and aroused the public's attention to the sales and service of Xpeng Motors. According to the complaint, Mr. Shi ordered a Xpeng G9 car in August 2022 and completed the delivery on December 6 of the same year.
However, although the sales manager clearly told him that he could become one of the first 3,000 car buyers in the country and enjoy an exclusive private gift box, in fact, Mr. Shi did not appear on the list. He repeatedly made it clear to the sales store that he must be among the top 3,000 car buyers, otherwise it will affect the car purchase decision, and the manager surnamed Zhang responded that he can guarantee his list qualifications. However, in the end, Mr. Shi did not receive the gift box he deserved, and when he sought explanations and compensation, he was also refused. This situation has triggered lawyers' legal interpretations of relevant consumer rights and interests, and has also attracted widespread public attention. Hefei Pengzhi Automobile Sales Service is a wholly-owned subsidiary of Xiaopeng Automobile Sales Co., Ltd., which was 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 5, The Paper called the sales manager of the store involved, but the other party said that he would not reply. On December 6, The Paper 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 with the store.
In this regard, the lawyer pointed out that according to the promise of the sales manager, Mr. Shi has reason to believe that he has become one of the first 3,000 car buyers and enjoys an exclusive private gift box. However, in the end, he did not receive the gift box as promised, which was suspected of fraud. The lawyer said that according to Article 25 of the Contract Law of the People's Republic of China, the principle of voluntary contract is one of the basic principles of contract law, and any contract that violates the principle of voluntariness is invalid. The salesperson knew that Mr. Shi attached great importance to the conditions for becoming the first 3,000 car buyers, but deliberately provided false information, resulting in the loss of his corresponding rights and interests. Therefore, Mr. Shi had the right to terminate the contract and require the sales company to bear the liability for breach of contract. At the same time, this case has also aroused public attention to the automobile sales industry and aroused people's thinking about the protection of consumer rights and interests. It is worth noting that the current competition in the auto market is fierce, consumers need to be cautious about buying cars, and at the same time, more regulatory authorities are needed to supervise the auto sales industry to protect the legitimate rights and interests of consumers. For such complaints, it is not only necessary for the relevant enterprises themselves to take them seriously, but also for the relevant departments to introduce stricter norms and regulatory measures to effectively safeguard the legitimate rights and interests of consumers.
It is hoped that this case can arouse the great attention of relevant departments and the deep reflection of relevant enterprises, so as to promote the healthy development and healthy competition of the automobile sales industry, and create a more fair and transparent car purchase environment for consumers. On December 11, Xpeng Group's official customer service** said that it had recorded Mr. Shi's problem and promised to deal with it as soon as possible. So far, the two sides have not reached an agreement on this matter. 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 fails to achieve the purpose of the contract due to delay in performing debts or other breaches, the other party may terminate the contract." "If the consumer can provide evidence to prove that he or she made it clear that he wanted to enter the top 3,000 car purchase list and receive a giveaway, otherwise he would not buy the car, then the consumer has the right to terminate the car purchase contract and request to return the car. Wu Fenghu said that if consumers can prove that the sales manager made false promises or fabricated facts during the sales process, this will constitute fraud. In the case of sufficient evidence, consumers can seek help from the Consumer Protection Association, seek mediation, or file a lawsuit in court. The above is the consumer rights protection problem faced by Xpeng Group, which is also a common consumer rights protection problem in the current society.
With the enhancement of consumers' awareness of rights and interests, more and more consumers choose to protect their rights and interests through legal means. From a legal point of view, consumers have the right to obtain true and sufficient information in the process of purchasing a car, and if the seller has false publicity or fraud, consumers can fully protect their legitimate rights and interests in accordance with the law. For enterprises, honesty and trustworthiness, legal and compliance management is the social responsibility of enterprises, only under the premise of abiding by honesty and trustworthiness, enterprises can gain the trust and recognition of consumers, in order to win the foundation of sustainable development. Therefore, whether from a legal or commercial point of view, enterprises should take the legitimate rights and interests of consumers seriously, avoid similar disputes, and establish a healthy and harmonious consumer relationship. It is hoped that Xpeng Group can properly resolve this dispute, maintain its corporate image, and give consumers a satisfactory answer.