On November 14, 2021, Mr. Yang paid a deposit of 3,000 yuan to the Jiuding Jietu 4S store in Fuzhou and ordered a Jietu X90PLUS sedan. Mr. Yang said that because he had gone to the 4S store to see the car before, and then he and the sales staff had been in contact on WeChat, on November 14, because the work was too busy, he did not go to the 4S store, and paid directly through the Network after the price negotiation.
Mr. Yang said that the sales staff told him that he could pick up the car in 1 month, and after he paid the deposit, on November 15, the other party sent a contract for the car. However, from November to December, Mr. Yang's car still did not arrive.
Mr. Yang urged the staff of fuzhou Jiuding Jietu 4S store, and the other party still said that the car arrived in December. As a result, now that it is January 14, the sales staff told him that it will definitely not arrive before the Spring Festival, look at the situation after the holiday, and there will be welfare gifts before march 31 after the holiday. Mr. Yang asked if the car he ordered would arrive before March 31. The salesperson said that he did not dare to give a positive answer.
Mr. Yang told the Fujian News Broadcaster "News Three Musketeers" that since he had ordered a car, he definitely wanted to buy this car, and the old car he was using had originally negotiated the price and sold it to others, but the new car had not arrived, which had caused him losses. Mr. Yang asked the Fuzhou Jiuding Jietu 4S store to give a specific date that can mention the car, otherwise it will refund and compensate, but the other party said that it can only refund the deposit of 3,000 yuan, because there is no agreement in the contract that the compensation for the car cannot be mentioned.
On January 14, Fujian News Broadcast "News Three Musketeers" called the customer service of Jietu Automobile 400, and the customer service staff said that Mr. Yang had indeed called them many times to inquire about the vehicle, and after each time Mr. Yang called, he also helped Mr. Yang feedback, but at present, there is no news of when Mr. Yang's car can be delivered, and will continue to feedback.
Lin Shanzhi, a lawyer at Fujian Yingrong Law Firm, said that as an electronic evidence, the WeChat chat record can be used as an effective supplement to the written contract and should be recognized. In addition, according to Article 588 of the Civil Code, "if the parties agree on both liquidated damages and deposits, if one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause." If the deposit is insufficient to make up for the losses caused by the breach of contract of one party, the other party may request compensation for losses in excess of the amount of the deposit. "Fuzhou Jiuding Automobile Sales Service Co., Ltd. should perform its liability for compensation in accordance with the terms of the contract. There are two ways for car owners to safeguard their legitimate rights and interests: first, they can ask Jiuding Company to return the deposit and pay liquidated damages at the same time; second, they can ask Jiuding Company to double the return of the deposit. Choose one of the above two.
Follow-up progress, the Three Musketeers will continue to pay attention!