New energy car companies play the "free" card, be more sincere and less routine
■ Come on
"Three-electric system lifetime warranty", "Lifetime free charging", "Lifetime free vehicle maintenance", "Lifetime free road assistance"... Under the hot market, some new energy car companies have launched after-sales service "free" cards in order to compete for consumers. .
However, the media investigation found that some new energy car companies "promotion is free, but in fact there are many restrictions."
There is no free lunch in the world.
However, such marketing behavior, in terms of circumstances, violates consumer expectations and lowers the consumer's consumption experience; in terms of law, it is a side ball of the law, and even suspected of false propaganda and misleading consumers.
The "Consumer Rights Protection Law" stipulates that the information provided by business operators to consumers about the quality, performance, purpose, and validity period of goods or services shall be truthful and comprehensive, and shall not make false or misleading publicity.
The "Advertising Law" also stipulates: the performance, function, origin, purpose, quality, composition, price, producer, expiration date, promise, etc. of the product in the advertisement or the content, provider, form, quality, price, and promise of the service If there is any indication, it should be accurate, clear and understandable.
The "free" promotion made by some new energy car companies is essentially a promise of goods and services.
Even if the relevant car companies list the relevant restrictions in the car sales agreement, the car sales agreement is mostly a format contract with more pages and more content. If the car company does not clearly inform or significantly remind consumers to pay attention to the "free after-sales" restrictions , Causing consumers not to pay attention to or understand the terms that have a major interest in them. According to the provisions of the Civil Code and the Consumer Rights Protection Law, consumers can also claim that the terms do not become the content of the contract.
Taking a step back, the relevant car companies publicize or hype "free" after-sales with great fanfare on the stage, but they have moved out a series of restrictions under the stage. Even if the car companies can fulfill their obligations of informing, explaining, and drawing attention in the specific sales links, It is easy for people to misunderstand preconceivedly and violate the relevant promise to be "accurate, clear, and clear".
Whether making promises or advertising, operators should abide by the bottom line of the law and the bottom line of integrity, instead of playing vague or conceptual cards, in order to infringe consumers' right to know and their right to choose.
Now the new energy car-making track is extremely lively, many companies have entered the game one after another, and the prospects are broad.
However, any industry, whether old or new, should follow the business principles of honesty and trustworthiness. Only by propagating truthfully can new energy car companies stand the test of after-sales practice, win more trust from consumers, and this industry can develop for a long time.
Otherwise, you can only suffer the consequences.
□Li Yingfeng (lawyer)