Hundreds of users who were deceived reported to the police, pulled banners in front of Gree stores, and negotiated with Gree, but did not get a satisfactory solution, and these users are still in the 'special Gree air-conditioner owners rights group ' The internal discussion of the way and location of the next rights protection.
The recent home appliance market is a bit not too flat.
Not long after the incident of the loss of the Emperor Beijing-Tianjin dealers was exposed, Gree Central Air Conditioning Hangzhou dealers were also exposed, and it has been happening for some time.
According to the reporter's investigation, the distributor of Gree Central Air Conditioning in Hangzhou area - Kunmeng Electric Appliances ran after receiving the purchase price of the customer, causing hundreds of users to pay the money but could not install the central air conditioner.
A list of users shows that most users only receive indoor units from Gree central air conditioners, but no outdoor units; some users have not received anything.
It is worth noting that users who receive indoor units cannot do so in the absence of an outdoor unit and without a tuyere (the end device for air supply and return air in the central air conditioning system is an air distribution device). Normal installation and commissioning.
Hundreds of users who were deceived reported to the police, pulled banners in front of Gree stores, and negotiated with Gree, but did not get a satisfactory solution, and these users are still in the 'special Gree air-conditioner owners' rights The group's internal discussion on the way and location of the next rights protection.
The hottest days of the year are coming, but the air conditioners of hundreds of homeowners in Hangzhou have not yet settled.
Han Wei, a lawyer of Beijing Kangda Law Firm, said in an interview that this incident can be regarded as a dispute over a sales contract. One party to the contract is the owner and the other is Kunmeng Electric. According to the relevant provisions of China's contract law, the conclusion of the contract It is necessary to follow the principle of relativity. Under the premise of being able to independently bear civil liability as an independent civil subject, Kunming Electric Appliance shall be responsible for the damages suffered by the owner.
However, Han Wei pointed out that the dealer’s dishonesty behavior makes it easy for consumers to account for this account in the company (Geli Head Office). Consumers will not care which dealers are created by the other party. It is only considered that this brand infringes the rights of consumers.
Dealer volume running
Jiang Jing (a pseudonym) was one of the first deceived owners to learn about dealers running.
At the beginning of April this year, Jiang Jing, who lives in Hangzhou’s Shangyi Central County, purchased the Gree brand’s central air conditioner at a Gree dealer named Hangzhou Kunmeng Decoration Engineering Co., Ltd. (hereinafter referred to as “Kunmeng”), but signed a contract and paid Within two months after the payment, the decoration was delayed, until the beginning of June, Kunming sent the installation master to install the air conditioner inside the machine. Jiang Jingben thought that the next Kunming would send the foreign machine, but did not expect The dramatic scene has just begun to take place.
On June 19, the first day after the Dragon Boat Festival officially went to work, Jiang Jing received a call from the installation master. The other party said on the phone: 'It’s gone, the boss is running, hurry up.'
Afterwards, the reporter learned from a project manager at Kunming that after the Dragon Boat Festival, the employees found that the official seal and some valuable items in the Kunming store were gone, and realized that the boss was running, and quickly notified some owners.
On the same day, the owner and the employee who got the information reported the police. After the police arrived, the employee dialed the phone of Kunming boss Qiu Zhaojun, who said that he was selling the house to raise money, and one day he would give the owner and the employee an answer.
However, just after this, Qiu Zhaoyu disappeared.
At that time, the news of Gree's dealers in Hangzhou was running away. According to Jiang Jing, there are about forty or fifty deceived owners in the central government of Shangyi, and in the 'Special Gree Air Conditioning Owners Rights Protection Group', The deceived owners are not only in the central county of the billion, but also in other communities.
Kunming has three stores in Hangzhou. In addition to the billion-central central county, the owners of other residential areas such as Agile and Xinhufeilin have been swindled. At present, there are hundreds of deceived owners in the 'Special Gree Air Conditioning Owners Rights Protection Group'.
A number of deceived owners told reporters that they signed a contract with Kunming Electric because they were interested in the brand of Gree.
Photographs of the Kunming store provided by the deceived owner show that the sign of the Gree on the signboard of the store is more prominent than the name of the Kunming company. The slogan of 'Gree designated outlet store' is also posted on the door. There is also a power of attorney in the Kunming store. , shows Hangzhou Kunmeng Electric Co., Ltd. (hereinafter referred to as 'Kunmeng Electric') for the Gree Central Air Conditioning Factory authorized outlet store, authorized for the period from October 2017 to July 2018.
It is worth noting that the National Enterprise Credit Information Publicity System shows that Kunming Electric has been included in the list of abnormal operations.
The data of Kunming Electric Contract Management Account shows that most of the owners have already delivered the deposit and the final payment, according to the central air-conditioning one for three (with three internal machines) 19,500 yuan and one for four (with four internal machines) 23,500 yuan price Estimated, hundreds of owners lost a total of about 2.5 million yuan.
Searching for licensor rights multiple times
Another Gree authorized license in the Kunming store shows that the authorized dealer of Kunming Electric Gree Central Air Conditioning Hangzhou is from Hangzhou Tiancheng Air Conditioning Factory Co., Ltd. (hereinafter referred to as 'Tiancheng'). It is reported that this company is Hangzhou. Gree central air-conditioning supplier and after-sales service provider, in the case of contact with the road dealers, the deceived owners pin their hopes on Kunming's 'superior' -- Tian Cheng.
Jiang Jing said that the deceived owner and Tiancheng had three negotiations: In the first communication, the owner proposed to Tiancheng, either to refund the money, or to install the air conditioner for free, because the owners have already paid the money. At that time, Tiancheng Did not directly give a reply, said to report to Gree headquarters, three days before replying to the owner; in the second communication, Tiancheng proposed to count the list of fraudulent owners and payment records; after the third communication, Tiancheng in July On the 4th, he provided a copy of the “Kunming Company’s deception of the owner’s matters related to Hangzhou Tiancheng’s cooperation plan”. The content of the plan stated that Tiancheng can provide equipment and construction personnel to solve the engineering problems left by Kunming. The decoration can be carried forward smoothly.
At the same time, Tiancheng also provided the owner with an agreement price list. If the owner agrees to provide the service to Tiancheng, the owner must pay Tiancheng in the form of a deposit of 50% off the total amount of the equipment and service agreement price before entering the market.
In addition, Tiancheng also proposed that Tiancheng will actively cooperate with the deceived owners to recover the amount of fraud from Kunming on a one-year basis. If the recovery is successful, the owner should pay the remaining amount according to the price list price; Back, the owner should pay the remaining amount according to the agreement price of 8.5 percent. Before the payment is paid, the ownership of the machine is still attributed to Tiancheng. If the one-year period has not been paid, Tiancheng has the right to directly stop the equipment or Unilateral direct recovery of equipment.
For Tiancheng’s treatment plan for providing equipment and services for compensation, most of the owners who have paid the full amount cannot accept it. However, Tiancheng’s attitude is also very strong. If the owners do not agree, Tiancheng will not negotiate. And suggest that the owners directly take the legal approach to solve.
After Tiancheng proposed the plan, some owners continued to negotiate with Tiancheng, and the price of 8.5 percent was mentioned at 25%. However, most of the owners still cannot accept the above plan: On July 9, some of the deceived owners were in West Lake District of Hangzhou. The Gree Living Hall pulled up the banner in front of it - 'Gree air-conditioning pit owners, Gree also my hard-earned money'.
The reporter called Tiancheng on the Kunming running event. The other party said that he had hang up the phone after he had not received the notice.
Distribution system vulnerability
From the video provided by the owner to the reporter, it is obvious that the negotiations between the owner and Tiancheng are mostly accompanied by fierce disputes and conflicts of interest, and the two parties ultimately fail to negotiate.
The person in charge of Tiancheng emphasized in the negotiation with the owner: 'The guidance given by Gree to the manufacturer is that let me not deal with this matter at a loss, deal with it, and deal with it, even if it can't be handled, the original words of the manufacturer.'
According to the understanding of the deceived owner, in the case that the owner of Kunming cannot be contacted, Tiancheng, as the superior authorized dealer of Kunming, should bear certain responsibilities for this matter.
Regarding the standards of Gree authorized dealers, the reporter called Gree Zhejiang Branch--Zhejiang Tongcheng Gree Electric Appliance Co., Ltd. (hereinafter referred to as: Tongcheng Gree) to understand, but the staff of Tongcheng Gree Marketing Department told reporters: Authorization has nothing to do with economic exchanges. Authorization is only for brand, quality and after-sales service guarantee.
When the reporter further asks whether the dealer is qualified to authorize other companies, the other party said: 'It does not matter whether or not the authorization is granted, and the same can be sold without authorization. Commodity circulation is a product of the market economy, and it is willing to sell.
In an interview with reporters, Han Wei analyzed that this incident can be regarded as a contract of sale and purchase. One party to the contract is the owner and the other party is Kunming. According to the relevant provisions of China's contract law, the conclusion of the contract must follow the principle of relativity. Under the premise of being able to independently bear civil liability, an independent civil subject shall be liable for the damages suffered by the owner.
Han Wei pointed out that as far as the contractual relationship itself is concerned, neither Tiancheng nor Gree Zhejiang Branch or even Gree Headquarters is the main body of any of the sales contracts. The damage of the owners is not directly related to the above three companies. Legal responsibility, but the social responsibility that is taken for the social credibility of the brand is for the time being.
Senior lawyer Yan Yiming said that in general, Gree does not have to bear the responsibility. If the consumer buys from Kunming, only Kunming will take responsibility.
In the view of the deceived owners, Tiancheng is the distributor of the higher level. When it is authorized by Kunming, it should be responsible for the qualification examination of Kunming. Usually, it should also be responsible for managing the dealers of the next level. However, Tian The person in charge said in the negotiations with the deceived owners that Tiancheng is only the agent of the manufacturer. There is no agreement or contract with Gree. As a Gree agent, Gree did not ask them to conduct qualification examination for each dealer.
Regarding whether Gree should conduct qualification review and management of dealers, Han Wei believes that Tongcheng Gree and Gree Head Office should indeed conduct background checks on dealers, authorize qualification examinations and daily management, but dealers operate as independent individuals. In the process, many problems are beyond the control of the superior licensor. The business of a dealer is not only derived from the consumer's pursuit of the brand, but also the dealer's business level as a very important factor. Tongcheng Gree and Gree Head Office also I will be aware of this, so it is not appropriate to control the business behavior on the sales itself. Although there is a certain contradiction in how to control the relationship between the licensee and the dealer, the head office chooses the dealer. There are indeed a lot of deficiencies and loopholes in the relationship with the maintenance dealers. The head office needs to improve and warn in this regard.
Regarding whether Gree will require the list of dealers and agents to be reported to the head office, the reporter also contacted the relevant staff of Gree Head Office. The other party said that the list will be reported to the Zhejiang branch, namely Tongcheng Gree, which will be managed by the branch. .
One person runs on multiple paths
In the view of Liu Buchen, an expert in the home appliance industry, although the incident belongs to individual dealers, it will have a certain impact on Gree in the direction of public opinion.
According to Han Wei, the dealer’s untrustworthy behavior makes it easy for consumers to account for this account in the company (Geli Head Office). Consumers will not care which dealer is the dealer who established the contract. They only think that this brand infringes on the rights and interests of consumers. Therefore, no matter which dealer, its untrustworthy behavior will directly affect the business reputation of the head office, thus impairing the overall image of the brand.
For the deceived owners in this incident, they lost money, spent time and energy, and lost their trust in Gree. The impact of a dealer running, far more than that, after all, in the home appliance industry The dealer's running events are not frequent.
'First payment after the goods' is the normal state of the home appliance industry. On the surface, Tiancheng will not ship to Kunming without receiving the money. It seems that Tiancheng has no loss, but the real situation is not the case.
When the person in charge of Tiancheng negotiated with the owner, Kunming also owed Tiancheng 30,000 yuan of payment without paying it. The person in charge even said that if Hangzhou Tiancheng cooperated with the treatment plan, Tiancheng would also generate hundreds of thousands of yuan. Loss.
According to the reporter's understanding, the dealers affected by Kunming's running roads are not only Tiancheng's family. Because of the principle of 'first payment after goods', Kunming did not pay Tiancheng. After Tiancheng could not get the goods, Kunming boss Qiu Zhaoyu Another Gree dealer named Hangzhou Minglang Air Conditioning Engineering Co., Ltd. (hereinafter referred to as: Minglang) borrowed some air conditioners.
The general manager of Minglang told reporters: 'He (Qiu Zhaoxuan) said that Tiancheng is out of stock, he is close to me, usually has a relationship, I will give you a little such a thing, I did not expect it to be like this. 'It is reported that Kunming is still owed 4. The clear payment of more than 40,000 yuan has not been settled.
The general manager of Minglang admitted to the reporter that Gree should manage the dealers.
When a dealer runs, the direct impact will be the consumer's rights, but as the incident continues, more and more interests will be affected.
Regarding whether Gree will evaluate dealers and how to control risks, Gree’s relevant personages said that mainly the sales branches of various regions are in control, there will be related policies and assessments, but sometimes there will be some sudden In the case of the situation, Gree is now also studying how to prevent such situations (distributors running).
On July 10th, Zhejiang Tongcheng Gree Electric Appliance Co., Ltd. issued the “Declaration on the Loss of the Person in Charge of Hangzhou Kunming Decoration Engineering Co., Ltd.”, the statement stated: Hangzhou Tiancheng Air Conditioning Engineering Co., Ltd. is Zhejiang Tongcheng Gree Electric Appliance Co., Ltd. is the authorized central air-conditioning distributor in Hangzhou, and Hangzhou Kunming Decoration Engineering Co., Ltd. is the third-level distributor of Hangzhou Tiancheng Air-Conditioning Engineering Co., Ltd., which is mainly engaged in decoration business, and sells Gree air-conditioning and other brand air conditioners. Qiu Mou, the person in charge of Hangzhou Kunmeng Decoration Engineering Co., Ltd., suffered losses due to poor management. After accepting the project list of a certain community, it was untrustworthy to accept the decoration of more than 100 owners and the central air-conditioning. Suspected of breaking the law, he hated it deeply; he felt the same as the consumers who suffered losses in this incident, and fully cooperated with the judicial organs to carry out investigations, and together with consumers, used legal weapons to safeguard their legitimate rights and interests, and urged Hangzhou Tiancheng Air Conditioning Engineering Co., Ltd. to actively Negotiate with consumers, properly handle the aftermath within the scope of the law, and implement the consideration of the legal interests of all parties