investigation| Volvo’s multi-site 4S store “steals”: 50 Marriott car equipped with “copycat” stereo, contract to play word games

Blue Whale News, February 15 (Reporter Lu Pengpeng)Looking far away, it is a W, and looking close, it is two Vs. When he woke up, the sky fell for Volvo owners, and the Baohua Weijian audio installed in the 4S store was actually a copycat. On the eve of March 15, Volvo fell into a copycat audio storm.

Baohua Wei Jian becomes Baohua Pseudo-Jian

Volvo 4S stores in many places add copycat sound to car owners

In the past few days, Blue Whale News has received reports from car owners in many places that Volvo 4S stores have installed counterfeit versions of Baohua Weijian audio to customers. Some stores have even used giving away original audio as a gimmick to induce consumers to place orders and promote transactions, but there is a game on words in the contract. Many consumers only discover that they have been cheated several months after picking up their cars.

Ms. Zhao is a Volvo car owner from Shandong. She bought an XC90 at Zhongsheng Volvo 4S Store in Yantai, Shandong (full name: Yantai Zhongsheng Womao Automobile Sales and Service Co., Ltd.), but recently she discovered that the audio on the car is not the original factory Baohua Weijian, but a copycat version.

What is even more paradoxical is that the copycat version of the audio version changes the W in the Bowers Wilkins logo into VV. If not for careful observation, the copycat version can almost be real.

Ms. Zhao said: This set of stereo was given as a gift when I bought a car. At that time, the sales verbal promise was that the original manufacturer Baohua Weijian. I also confirmed this information with the other party many times, but when I looked back, I found that the sound quality of this copycat stereo is extremely poor.& rdquo;

Ms. Zhao said that when the car was originally booked, the 4S store used the installation of various accessories such as Baohua Weijian audio as a gimmick to guide consumers to place orders and buy a car. Until the store was found again recently for after-sales, the other party still insisted that the audio was Baohua Weijian.

“I also asked him to install it because of the Baohua Weijian brand. Now, the car with more than 500,000 yuan is equipped with a copycat stereo.& rdquo; When talking about this matter, Ms. Zhao regretted it.

Mr. Li from Yunnan also reported back to the Blue Whale reporter about the counterfeit audio. In 2022, he purchased a 23-model S60 Zhiyuan Luxury Edition car at Regal Volvo 4S Store in Kunming, Yunnan (full name: Yunnan Regal Automobile Sales and Service Co., Ltd.).

Mr. Li said that when booking a car, the 4S shop was ambiguous about the issue of audio. Not only did it install counterfeit audio, but the 4S shop also played word games on the contract to avoid legal risks.

Judging from the contract provided by Mr. Li, neither the handwritten version nor the printed version directly indicates Baohua Wei Jian, but is replaced by edging words such as Baowei’s mid-set slightly. It is worth noting that in the handwritten version of the contract, Baowei ‘s Wei is not Baohua Wei Jian ‘s Wei.

In recent days, car owners in many places such as Shandong, Yunnan, Hubei, Jiangsu, and Guangdong have reported the Volvo copycat audio incident to Blue Whale News reporters.

Based on the content of the car owners ‘revelations, the copycat audio is mainly concentrated on S60, XC60, XC90 and other models. Some car owners spend around 2000 yuan to install it, and some car owners give it away. Many 4S stores have verbally promised that it was Baohua Weijian Audio when installing it, but they deliberately left out the original factory word in the contract to avoid legal risks.

What is even more ironic is that the installed shanzhai audio version is also dazzling:

One version is W to VV, that is, Bowers VVilkins”

There is a version that changes two Ws into four Vs, namely Bovvers VVilkins”

What’s more, replace il with li, which is Bowers VVlikins”

According to the logo of the copycat audio BOVVERS VVILKINS, the reporter inquired that the company to which the trademark belongs is Dahong (Shenzhen) Auto Parts Co., Ltd., which was established in October 2022 with a registered capital of only 50,000 yuan.

It is worth noting that there is not only one company that produces copycat audio accessories. The reporter searched and found that a company named Dalian Baohua Weijian Trading Co., Ltd. also registered the trademark 13OWERS VVILKINS. The company directly replaced the letter B in Bowers Wilkins with 13.

In the eyes of most consumers, 4S stores have been suspected of fraud by secretly replacing them with counterfeit audio. They require relevant stores to exchange them for the original Baohua Weijian audio, and hope that the Volvo brand will take regulatory responsibility for this.

Playing word games when signing a contract?

4S shop refused to compensate or replace

Volvo response: Investigate immediately

Bowers Wilkins is a British high-end audio brand founded in 1966 and is known as the Rolls-Royce in the audio industry. Blue Whale reporter inquired about Volvo’s official app and found that the price of an optional Baohua Weijian audio set was 25800 yuan.

This price has discouraged many car owners when choosing the option, and the above-mentioned 4S store is aiming at this point and uses it in the subsequent process of communication with consumers to give away the original factory Baohua Weijian for free or extremely low prices ranging from 1,000 to 3,000. You can add waiting skills to attract consumers to place orders, and ultimately quickly facilitate the transaction.

For a luxury brand like Volvo, an original Baohua Weijian audio provides car owners with an experience unmatched by copycat audio, which is why most car owners express outrage at the 4S store’s cheating behavior.

Blue Whale reporter learned that after discovering the counterfeit stereo, most car owners went to the 4S store where they bought the car to ask for an explanation, but they failed to get a satisfactory answer. The reason was also very simple. The contract did not mark Baohua Weijian. Unable to replace or compensate.

According to Ms. Zhao, after communicating with the 4S store without success, she contacted Volvo customer service, but the other party replied that the matter needed to be handled by the 4S store, and the two sides shirked each other’s actions.

In response, Blue Whale News reporter also contacted Volvo from the official app. The other party responded that Volvo Cars attaches great importance to the recent feedback from some consumers that dealers donated non-original parts and will further strengthen its authorization. Supervision and management of dealers, comprehensively standardize sales service standards and processes, and effectively protect the legitimate rights and interests of every consumer.

Regarding issues such as whether the Volvo brand acquiesced in this matter, whether it has supervisory responsibility, and how to deal with it in the future, the other party said that it will not acquiesced in this behavior of 4S stores, and will subsequently urge relevant dealers to actively communicate with consumers and properly handle it according to specific circumstances.

On February 12, Volvo Cars responded to the matter through its official Weibo account, saying that a special investigation had been launched as soon as possible.

Volvo sales in China hit a five-year low last year

But is the 4S shop the initiator of copycat audio?

China has always been Volvo’s largest single market in the world, but in recent years, the brand’s sales in China have been unstable. Specifically, from 2020 to 2024, its sales in China were 166,300 units, 171,700 units, 162,000 units, 170,100 units and 156,400 units respectively. Last year’s sales in China were a five-year low.

Car owners generally believe that adding accessories is a means for Volvo 4S stores to promote sales. However, since the original Baohua Weijian Audio option price is as high as 25800 yuan, some 4S stores choose to replace the original factory with copycat accessories to reduce costs and Attract consumers.

Judging from Volvo’s response, the brand was unaware of this matter, and the 4S store seemed to be the initiator of installing copycat stereos for car owners.

A car owner revealed to reporters: After discovering the counterfeit audio, he asked the person in charge of the after-sales service of the 4S store about this matter. The other party claimed that the accessory was purchased by their Zhongsheng Group.& rdquo;

Blue Whale reporter also learned that there have indeed been many car owners who buy cars in Zhongsheng’s 4S stores who have reported back about copycat audio problems.

According to the store information provided by the car owner, Ms. Zhao, Blue Whale reporter inquired and found that Yantai Zhongsheng Womao Automobile Sales and Service Co., Ltd. was established in 2009. The legal representative is Li Yuanhua. It is 100% controlled by Qingdao Zhongsheng Fumao Investment Management Co., Ltd. After the analysis, the actual controlling shareholder behind it is Zhongsheng (Dalian) Group Co., Ltd.

Zhongsheng Group was established in 1998 and listed in Hong Kong in 2010. At its peak, it had a market value of nearly 180 billion yuan and had thousands of dealerships. In recent years, with the thunderous attacks of Guanghui and other companies, Zhongsheng Group has become the country’s largest 4S store group.

The latest financial report shows that as of June this year, Zhongsheng Group had 419 dealerships across the country, of which 269 were luxury brands, accounting for more than 60%, focusing on the luxury car market.

In terms of performance, against the background that the market share of traditional luxury cars is rapidly seized by domestic new energy brands, Zhongsheng has also faced profit pressure since this year.

In the first half of 2024, Zhongsheng’s turnover was 82.421 billion yuan, a year-on-year increase of 0.63%; net profit attributable to the parent company was 1.580 billion yuan, a year-on-year decrease of 47.50%.

In addition, Zhongsheng Holdings closed 6 stores in the first half of 2024. Zhongsheng explained that most of the closed stores were for fringe brands of the group.

Shanzhai audio is a gift. What should I do if a 4S shop plays word games?

Lawyer: Consumers have the right to claim one refund and three compensation”

From the theft of 4S stores to the dazzling copycat sound, there are many doubts in this incident, such as: Does the Volvo brand bear regulatory responsibility? Is the 4S store suspected of fraud? Does the copycat manufacturer infringe?

In addition, many car owners are concerned about whether they can protect their rights if copycat audio is a gift? 4S stores play word games on contracts. Can car owners still defend their rights without hard evidence? In response to the above questions, Blue Whale reporter consulted a lawyer.

Liang Jingran, a lawyer from Hebei Century United Law Firm, believes that the Volvo brand and 4S stores are authorized cooperation models. Under this commercial structure, the brand side has an unshirkable regulatory responsibility for the operating behavior of 4S stores based on the maintenance of its own brand image and the overall control needs of commercial cooperation. Brands usually formulate a series of dealer management specifications, which cover the requirements for the quality of products and services sold. Although the brand claims to have a strict full-link traceability management system for original parts, judging from the outbreak of this incident, the system failed to effectively restrict the behavior of 4S stores in actual implementation, resulting in the inflow of copycat audio into the market and damaging consumers. Rights and interests. This shows that the brand has loopholes in the supervision process, fails to fully perform its supervisory responsibilities over the operating behavior of 4S stores, and fails to ensure the quality assurance that consumers should enjoy when purchasing Volvo branded vehicles and related accessories.

Regarding the issue of 4S stores, lawyer Feng Shuai believes that the behavior of 4S stores has constituted consumer fraud and is suspected of violating the law. If a 4S shop deliberately uses counterfeit audio to pass off as original parts, it is a fraud as stipulated in Article 55 of the Consumer Rights Act. Car owners can demand a refund of one for three for the fraudulent part. Some car owners even claim a refund of one for three for the successful vehicle. For details, please refer to the case where a Chongqing car owner sued for installing fake BOSE audio in a 4S shop, and the court ruled that the car should be returned and the car price should be compensated by three times 1.85 million yuan.

Regarding the issues of gifts and contracts, lawyer Feng Shuai further explained that rights protection can still be claimed in such situations.

First of all, based on the merchant’s gift promise, consumers will psychologically incorporate the value of the gift into the overall transaction consideration. Merchants deceive consumers with fake gifts, undermining the fairness of transactions. When the gift and the main product form an overall sales plan, or when the quality of the gift directly affects the use function of the main product, the operator must bear the same quality assurance obligation for the gift as the main product. If the gift is replaced with shoddy goods or fake goods, it can still be deemed to constitute fraud.

Secondly, in judicial practice, if a merchant deliberately uses a trademark, packaging or company name similar to well-known goods, causing consumers to mistakenly identify the source of the goods, it constitutes fraud.

Finally, regarding the issue of copycat accessories, lawyer Liang Jingran believes that copycat manufacturers produce counterfeit Baohua Weijian audio products and use logos that are very similar to Baohua Weijian registered trademarks on audio products without the authorization of the Baohua Weijian trademark owner. This behavior can easily mislead consumers into thinking that they are purchasing authentic Baohua Weijian audio. According to the provisions of Article 57 of the Trademark Law, using a trademark similar to the registered trademark on the same commodity without the permission of the Trademark Registering person, or using a trademark identical or similar to the registered trademark on similar commodities is likely to cause confusion, and it is an act of infringement of the exclusive right to use a registered trademark. Through this infringement, copycat manufacturers illegally used the market reputation and commercial value of Baohua Weijian brand to obtain illegitimate benefits. At the same time, they seriously damaged Baohua Weijian brand image and market share and disrupted the normal market competition order.

Moreover, the behavior of copycat manufacturers also constitutes unfair competition. In market competition, all operators should abide by the principle of good faith and recognized business ethics. Shanzhai manufacturers misled consumers to buy their products by counterfeiting well-known brand audio products and replacing them with good ones. This behavior violates the Anti-Unfair Competition Law on prohibiting confusion. They seized the market share of legal operators through improper means, undermined the market environment of fair competition, and hindered the healthy development of the industry.