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After waiting for my California Beach for months, i just discovered the dealer ordered the wrong spec

O

oceanson

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portugal
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Looking to buy
I ordered a new California Beach Camper in October 2021, few options, for me the only important ones were that it had to be a 4 Motion with Diff block, Manual and a 2 Seat rear bench. I choose the California Beach in detriment of a Coast or Ocean specifically for the 2 Seat rear bench and the side box, because im a surfer, a longboarder at that, so its super important for me that my surf boards fit inside the car while im driving with up to 4 people on board. Ive had surfboards stolen from a roof rack in the past so that is not an option that im eager to contemplate again. The ordering process went great,i had some discount, the seller really friendly albeit not very knowledgeable about the California. Every time i went to the dealership, since first visit, through discussing finance aspects to officializing the order, i made sure to remind him that i wanted the 2 seat version, not the 3 seat version( the default version in Portugal). All the paperwork signed by me mentions the 2 seat version. Last week i get a call to congratulate me that the van is coming sooner than we imagined, in June, i was super happy because that meant that i could look forward to summer travels, but just to be sure, i asked that we would go through the spec list once again, and to my utter surprise and the sellers suprise, it was the 3 seat spec!! I felt a mental breakdown, all these months dreaming, my first new car purchase and a life dream of finally owning a California and these idiots mess up the order?? The seller calls me some days after saying that there was a change in the ordering software and something got lost along the process, and suggested that i take the van and they would offer some roof racks, i got angry and demanded a meeting in person, so tomorrow i will have a meeting with the sales person and a representative of the national importer.
In my mind i have two solutions for this mess
I take this van and they will order the 2 seat bench,multiflex board and side box and refit them, that solution could have an impact in the future because im sure that the van will be registred as a 5 seater and i would drive around illegally with only 4.
They order a new van,the correct spec, and i will have to wait maybe one year until i finally have it. This could be made bearable if they would lend me the incorrect one until the new one arrives.
What do you guys think? This is so frustrating,so close yet so far...
 
WelshGas

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I ordered a new California Beach Camper in October 2021, few options, for me the only important ones were that it had to be a 4 Motion with Diff block, Manual and a 2 Seat rear bench. I choose the California Beach in detriment of a Coast or Ocean specifically for the 2 Seat rear bench and the side box, because im a surfer, a longboarder at that, so its super important for me that my surf boards fit inside the car while im driving with up to 4 people on board. Ive had surfboards stolen from a roof rack in the past so that is not an option that im eager to contemplate again. The ordering process went great,i had some discount, the seller really friendly albeit not very knowledgeable about the California. Every time i went to the dealership, since first visit, through discussing finance aspects to officializing the order, i made sure to remind him that i wanted the 2 seat version, not the 3 seat version( the default version in Portugal). All the paperwork signed by me mentions the 2 seat version. Last week i get a call to congratulate me that the van is coming sooner than we imagined, in June, i was super happy because that meant that i could look forward to summer travels, but just to be sure, i asked that we would go through the spec list once again, and to my utter surprise and the sellers suprise, it was the 3 seat spec!! I felt a mental breakdown, all these months dreaming, my first new car purchase and a life dream of finally owning a California and these idiots mess up the order?? The seller calls me some days after saying that there was a change in the ordering software and something got lost along the process, and suggested that i take the van and they would offer some roof racks, i got angry and demanded a meeting in person, so tomorrow i will have a meeting with the sales person and a representative of the national importer.
In my mind i have two solutions for this mess
I take this van and they will order the 2 seat bench,multiflex board and side box and refit them, that solution could have an impact in the future because im sure that the van will be registred as a 5 seater and i would drive around illegally with only 4.
They order a new van,the correct spec, and i will have to wait maybe one year until i finally have it. This could be made bearable if they would lend me the incorrect one until the new one arrives.
What do you guys think? This is so frustrating,so close yet so far...
Commiserations. Others have suffered similar failures.
What I don't understand is if the Dealership did change the interior why would it be illegal to drive with 4 passengers? VW make a single seat that can fit in the floor rails to allow 5 passengers to be properly seated in the 2 bench California Beach.
I would insist on them ordering the 2 seat bench and storage locker and exchange them. Takes less than an hours labour. Not a big job.
In fact insist on the 5th single seat as compensation. You could always sell it on.
 
2haw

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I’d take the current van and get them to order a replacement to the correct spec and to the original price quoted at the time of the first order.
 
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TheDoc

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One thing to check is that you can get the two seat bench in the same colour as the front 2 seats as 4 and 5 seat beaches may not share all the same seat colour options.
 
Ozzy Pete

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I’m afraid these things happen but if you don’t want to wait another year you will have to take what’s on offer. There is no way they will loan you a van for a year and you put 20k KLM’s on it but then The dealers in Portugal May be different to those in the UK.I would imagine the vehicle will be registered with the spec as it comes to the dealer not the spec you ordered.
 
calibusje

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That's a shame! I would say not accept as a first reaction.
You will not drive around illegally with only 4 seats instead of the 5 on the papers; if it was the other way around, yes.
So it will be a 5-seater with the wide bench and not what you ordered.
If you can have the 2-seater bench retrofitted, you could ask for the separate chair but I expect they will not give you one because I suspect that the wide bench for 3 people it will have, also slides over the two rails and the separate chair needs a third rail between the two outer ones: this cannot be retrofitted.
Hope you get it sorted.
 
2haw

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I’m afraid these things happen but if you don’t want to wait another year you will have to take what’s on offer. There is no way they will loan you a van for a year and you put 20k KLM’s on it but then The dealers in Portugal May be different to those in the UK.I would imagine the vehicle will be registered with the spec as it comes to the dealer not the spec you ordered.
You never know.. a replacement might only be 7/8 months?
I had my last one for 7 months, had 3 holidays in it and sold it back to the same VW dealer for more than I paid for it. It’s the additional price increases on a replacement that may prove to be the problem that the dealer may have to swallow.
 
The Tall Luthier

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Gutted for you, absolutely rotten luck.

It happened to me once, an aesthetic issue more than functional. The Jaguar dealer was apologetic but quite unhelpful. He gave me two options, take the car or have the deposit returned. There was no question of them incurring costs to fix the issue, they would rather just resell.

Best of luck
 
pluc99

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I think it's an unreasonable expectation to get free use of a camper for one year in compensation for this mistake. See what kind of a deal they could give you on a new order if you take the van as is and then use it as a trade-in (with an agreed price) when the new order arrives.
 
Blue Yonder

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The dealer cannot legally take a position of take as is or we will take the car back and return your deposit.

You have suffered what is know in contract law a "loss of bargain". The dealership must put you in a position you would have been in had they fulfilled the contract that exists between you. Placing you in a position you would have been in before the contracted existed does not legally (contract law) restore loss of bargain. You are of course at liberty to accept a refund the point is you don't have too. Just insist you get what you ordered period. Good luck
 
GrannyJen

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Take the van. Insist on a retro fit to how you ordered it. Refuse to be given a "take it or leave it" if possible.
 
Ozzy Pete

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The dealer cannot legally take a position of take as is or we will take the car back and return your deposit.

You have suffered what is know in contract law a "loss of bargain". The dealership must put you in a position you would have been in had they fulfilled the contract that exists between you. Placing you in a position you would have been in before the contracted existed does not legally (contract law) restore loss of bargain. You are of course at liberty to accept a refund the point is you don't have too. Just insist you get what you ordered period.
The dealer cannot legally take a position of take as is or we will take the car back and return your deposit.

You have suffered what is know in contract law a "loss of bargain". The dealership must put you in a position you would have been in had they fulfilled the contract that exists between you. Placing you in a position you would have been in before the contracted existed does not legally (contract law) restore loss of bargain. You are of course at liberty to accept a refund the point is you don't have too. Just insist you get what you ordered period. Good luck
Different countries have very different Consumer Laws. You are assuming that Portugal has the same laws as the UK. It’s very doubtful.
 
Blue Yonder

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Many laws relating to contracts and consumer protection were harmonised under the EU. I would certainty check out as such laws are fundamental to contracting. I would be very surprised if such laws do not apply in the EU (and by association Portugal). I admit not many people who are not experienced un contract law know their rights relating to contract law. Just need to do your homework, know your rights, and be persistent. The only time loss of bargain is not upheld in civil courts is when the item delivered, though different to the specification, the court deems the item delivered will serve its intended purpose. Eg the case of a Jaguar car ordered v8 but instead a v6 was delivered in this case the court ruled the customer did not suffer a loss because it was not a v8.

However, it seems you made it clear from the outset that only a 2 seat rear passenger configuration would meet your needs. Thus accepting a 3 seater is not accepted as it would not be fit for your purpose.
 
apreading

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Dont know about Portugal but I would have thought in the UK, if registered as a 5 seater and then 'permanently' changed to 4 seater this would have to be notified to DVLA and you would be constantly explaining to insurance why the 5 seater vehicle details they have are wrong - they might treat is as a modified vehicle, and then when you sell it you could have similar questions to answer.

On top of that, if you have all these parts retro-fitted, would they be covered by the original 3/5 year warranty? After market parts are usually just 12 months.

Part of the point of ordering a 'pre-baked' Cali, rather than a converted van, is to avoid these sorts of issue.
 
Ozzy Pete

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Many laws relating to contracts and consumer protection were harmonised under the EU. I would certainty check out as such laws are fundamental to contracting. I would be very surprised if such laws do not apply in the EU (and by association Portugal). I admit not many people who are not experienced un contract law know their rights relating to contract law. Just need to do your homework, know your rights, and be persistent. The only time loss of bargain is not upheld in civil courts is when the item delivered, though different to the specification, the court deems the item delivered will serve its intended purpose. Eg the case of a Jaguar car ordered v8 but instead a v6 was delivered in this case the court ruled the customer did not suffer a loss because it was not a v8.

However, it seems you made it clear from the outset that only a 2 seat rear passenger configuration would meet your needs. Thus accepting a 3 seater is not accepted as it would not be fit for your purpose.
Last time I looked we are not part of the EU.
 
WelshGas

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Dont know about Portugal but I would have thought in the UK, if registered as a 5 seater and then 'permanently' changed to 4 seater this would have to be notified to DVLA and you would be constantly explaining to insurance why the 5 seater vehicle details they have are wrong - they might treat is as a modified vehicle, and then when you sell it you could have similar questions to answer.

On top of that, if you have all these parts retro-fitted, would they be covered by the original 3/5 year warranty? After market parts are usually just 12 months.

Part of the point of ordering a 'pre-baked' Cali, rather than a converted van, is to avoid these sorts of issue.
In the U.K. adjusting the number of seats is easily done. You only have to prove that each seat meets the requirements and is within the design characteristics of the vehicle. Easily done with a California Beach as the 3 seater vehicle can have 2 additional VW seats fitted to the rails . The Insurance companies go by the details held by DVLA. Once the V5c is updated so are they.
IF the parts are fitted by VW they would be Original Factory Parts and have full warranty.
In the U.K. VW fitted parts have a 2 yr warranty and in the EU also. Also the EU warranty on a new vehicle is 2 yrs, whereas in the U.K. it is 3 yrs made up of VW 2 yrs and 1 yr VWUK/ Dealer network warranty.
 
WelshGas

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Last time I looked we are not part of the EU.
Agreed, but our contract laws were the same as the EUs, written into our U.K. Law. To my knowledge they haven’t been repealed or adjusted away from the original EU standard as of yet.
 

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