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On July 21, more than # BMW 4S stores refused to deliver cars and # rushed to the top of Weibo's most-searched list, sparking a heated debate.

According to media reports, a number of consumers have encountered the BMW overlord clause, and the Dudi BMW 4S store refused to deliver the new car, and the sales asked for a price increase to pick up the car. According to the contents of consumer revelations, BMW 4S stores across the country have refused to deliver on a large scale, with models mainly concentrated in i3, ix3 and 3 series models. Most consumers ordered their cars at the end of May and early June, and they were asked to temporarily increase their prices by 30,000 in July when they were picked up. In addition, although some consumers mentioned the car, but the process is very difficult, in the case of complete procedures, but also in the case of repeated urging to complete the car.

It is understood that 4S stores refuse to deliver for different reasons. For some consumers who have signed contracts and paid deposits, the response given by the stores is to stop production or reduce production, while for those consumers who have only paid the deposit but have not signed the contract, the store responds to reasons such as "headquarters approval did not pass". However, in the eyes of consumers, the reason why BMW 4S stores refuse to deliver is very simple: BMW launched a price war, a number of its models temporarily increased prices, and 4S stores are no longer willing to sell at the low prices at the time of ordering cars. Consumers who have already booked cars are required to raise the price. For this kind of behavior, many consumers say that it is unacceptable. When the contract is signed and the deposit is paid, they refuse to deliver or are asked to increase the price temporarily, which is tantamount to the overlord clause.

Since the beginning of this year, the price war in the automobile industry has spread to the luxury car field, and luxury brands, including BMW, have been forced to join the price war, and the terminal market prices of many models under the brand have fallen sharply, resulting in many 4S stores selling cars at a loss.

At the end of May this year, BMW sent a letter to all dealers and stores saying that in view of the market background and the huge impact brought by domestic brands, BMW decided to issue a number of substantial subsidy relief policies for BMW 4S stores, which are intended to help dealers cope with short-term difficulties and ease business pressure. After the introduction of the policy, the prices of many BMW models have plummeted, mainly i3, ix3 and other pure electric series, which can now be bought at less than 200000.

However, traditional luxury brands selling cars at reduced prices have failed to stimulate sales growth in the end market. BMW, for example, sold 375947 vehicles (including BMW and MINI brands) in China in the first half, down 4 per cent from a year earlier.

Since the end of June, BMW has gradually pulled out of the price war. BMW China said that in the second half of the year, BMW will focus on business quality and support dealers in the Chinese market. Affected by this, BMW dealers have reduced terminal price promotion efforts, raised the price of bicycles, so far the average price of bikes has risen by about 13000 yuan.

Undeniably, the price war does bring a lot of pressure to dealers, 4S stores almost fall into a vicious circle of losing money to sell cars. Not only that, price sales also hurt the value of the brand. BMW-Benz Audi, which once represented luxury, has gradually declined, and its market share has begun to be eroded by independent new energy brands.

At present, the whole luxury car market is facing the challenges of declining sales and electric transformation, especially the brand premium of luxury brands has been difficult to transmit to electric vehicle products in the past years, and the terminal price of electric vehicle products launched by BBA has plunged sharply. According to the plan, the new generation BMW model will be launched on the global market in 2025, and at least six models will be put into production in the next two years. The new car will be equipped with a new electronic and electrical architecture, a new user interface and human-computer interaction concept, and a new high-performance electric drive battery system.

BMW strategic layout changes but let consumers pay for it, the original contract is now a piece of waste paper, 4S store unilateral breach of contract brought great harm to consumers. To this end, some lawyers said that the 4S store refused to deliver the car and took a temporary price increase to lift the car in violation of the contract. The consumer buys the car from the 4S store is a kind of sale contract relationship, the consumer has signed the contract with the 4S store and paid the deposit, the sale contract is established and takes effect.

The lawyer said that in the face of unreasonable behavior such as price increase and car lift, consumers have the right to refuse and resolve it through negotiation as far as possible, and they can complain to the brand manufacturer's customer service or 12345 or 12315. If the complaint fails, you can sue the 4S store to perform the car delivery obligation in accordance with the contract and bear the liability for breach of contract; or sue the 4S store to terminate the contract on the grounds of unilateral breach of contract and demand double compensation deposit. Or sue to require 4S stores to bear the liability for breach of contract; for consumers who have been forced to increase the price to complete the car lift, they can still sue for a refund of part of the fee increase.

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