Axelle is an independent nurse. A year ago, she ordered a new vehicle for her job. A year later, on delivery an amount of nearly €4,300 was claimed. Problem, as an independent, the consumer protection law does not protect this sale from such an increase.
“We felt rushed and wronged”. Gaylord and Axelle, a couple from Anderlues (Hainaut), ordered a car a little over a year ago. Problem, the dealer requested an additional 4,283 euros on delivery. They contacted us via the orange Alert us button to ask if the maneuver is legal?
September 2021. Axelle and Gaylord go to a dealer in the Mons region to order a new car. The vehicle must help Axelle in her job. She is a freelance nurse. Axel explains: “I absolutely need my vehicle to go to my patients. I do several a day. My car is my main tool. I work six days a week. I see regarding thirty patients a day, i.e. 30 to 40 km daily.”
The order form signed, the couple arm themselves with patience. The global shortage of microchips has considerably increased the delivery times for cars, which do not always arrive on the date originally planned. After a year of waiting, the dealer contacted them once more. Good news, the car has arrived. But the joy is short-lived. The dealer informs them that a supplement of 4,289.99 euros is applicable. “We were justified by the cost of living, transport, energy, the purchase of parts, covid, etc.“, breathes Gaylord. Axelle adds: “We were not notified earlier. It’s really at the last.”
The prices indicated in the sales contract are likely to be increased
The couple delves into the terms of the sales contract. “The agreed selling price is, under no circumstances, not subject to revision“, it is stated. But a few lines later, the contract states: “the prices indicated in the sales contract are likely to be increased in the event of modification of the catalog price recommended by the importer or the manufacturer. Axelle and Gaylord judge the two pieces of information to be contradictory and the process “biased”.
Very quickly, a question arises: does the dealer have the right? What the law says ? The legislator distinguishes between two types of sales. Those between a particular and a company and those between professionals:
- Pour the details, the price as agreed at the time of the order cannot be revised. The price indicated on the order form is final. The customer is protected by consumer protection law. Stephen Mignoletspokesperson for SPF Economy, enlightened: “If you order a car at 40,000 euros, we cannot tell you at the time of delivery you say the there are 5,000 euros to pay. The agreed price must be respected. And it is not the case the consumer can cancel free of charge.” Howeverthere may be price revision clauses in the contract, but they must be very specific.
- As an independent, Axelle’s purchase falls into the second category: professional. “There, obviously we are no longer in a business-consumer relationship. This is another regulation. We are in contract law. It is something that is concluded between two parties. Everything depends on the clauses included in the contract. If he provides that the price can be increased on the basis of such and such a criterion or such and such a time, this must be respected by both parties”, informs Etienne Mignolet.
For the federation of mobility professionals, Traxio, the dealer often has no choice but to apply a price increase. Serge Istas, secretary general of the federation: “Generally speaking, the dealer is somewhere the victim. Really, the car costs him more. It is therefore charged more. The profit margins are not huge. If there’s a 4% increase, that’s his entire profit margin. Both the dealer and the producer and the customer have every interest in the sale being concluded as soon as possible..” And to specify: “It is of course necessary to remain attentive that a price increase corresponds to an economic reality.
Finally, Axelle and Gaylord resolved to pay the amount of 4,283.99 euros. “They decided to spread the payment during the professional leasing. We mightn’t do otherwise. The seller told me that the vehicle would be sold a week later. They have very strong demand, especially on a stock vehicle. You have to pay, you have no choice. For my wife and her job”concludes Gaylord.