"Shenzhen Pengyi Automobile Sales Service Co., Ltd.: We are subject to the contract."
At the beginning of January this year, Mr. Tang of Shenzhen decided to buy a new car and drive back to his hometown for the Spring Festival. However, in the process of Mr. Tang signing the car purchase contract, there were some unexpected troubles.
Mr. Tang told the consumer insurance complaint platform that on January 6, 2022, he came to Shenzhen Pengyi Automobile Sales Service Co., Ltd. to see the car, but due to the late time, the company had already left work. Mr. Tang contacted a salesperson surnamed Wang through the telephone number left at the entrance and expressed his willingness to buy a car. Early the next morning, Mr. Tang came to Shenzhen Pengyi Automobile Sales Service Co., Ltd. to communicate with the salesperson on the spot. Under the recommendation of the other party, Mr. Tang finally selected the 2021 Chery Arrizo 5plus 1.5T model. Mr. Wang said that at that time, he repeatedly confirmed with the sales staff that the model had a 360-degree panoramic reversing image, and after receiving a positive reply from the sales staff surnamed Wang, Mr. Tang signed a car sales contract with the other party and paid a deposit of 10,000 yuan.
Mr. Tang told the special search reporter that the day after paying the deposit, he received a notice from the sales staff that the car had arrived. So on the morning of January 9, he came to the shop to pick up the car. As a result, during the car inspection, Mr. Tang found that the vehicle he purchased did not have the configuration of a 360-degree panoramic reversing image. Due to the discrepancy between the vehicle and the previous sales staff's commitments, Mr. Tang refused to pick up the car and questioned the sales method of Shenzhen Pengyi Automobile Sales Service Co., Ltd., believing that the company had deceived consumers and demanded that the other party refund the deposit of 10,000 yuan. However, for Mr. Tang's request, Shenzhen Pengyi Automobile Sales Service Co., Ltd. refused.
After learning of the problems encountered by Mr. Tang, the special search reporter also contacted the sales staff surnamed Wang of Shenzhen Pengyi Automobile Sales Service Co., Ltd., who said that before signing the sales contract, they had explained all the precautions to Mr. Tang clearly, and at present they can only do it in accordance with the contract.
On the WeChat chat record provided by Mr. Tang, the special search reporter found that before signing the purchase and sale contract, the sales staff of Shenzhen Pengyi Automobile did verbally promise that the vehicle would have a configuration with a 360-degree panoramic reversing image, but the configuration content was not marked in the contract. So is the company aware of this approach of the salesperson?
On January 14, the special search reporter contacted Shenzhen Pengyi Automobile Sales Service Co., Ltd. by phone, and the staff said that the sales staff surnamed Wang had previously promised that the high-end model with a 360-degree panoramic reversing image configuration was the high-end model of the car, and the contract was purchased by Mr. Tang for the medium-equipped model, and there was no configuration of 360-degree panoramic reversing image, if the installation needed additional money. At present, the sales department has feedback this matter to the relevant leaders of the company, and they will also contact Mr. Tang to find a suitable solution. Since Mr. Tang has a chat record of the other party's verbal promise, can it be characterized as consumer fraud in such a case? The special search reporter also consulted Lawyer Lin Bing of Beijing Jingshi (Shenzhen) Law Firm.
Lawyer Lin Bing believes that although the contract does not mention the reversing image, the sales staff has made relevant commitments, there are chat records, and the evidence is conclusive enough. According to the relevant provisions of the contract of the Civil Code, this commitment can also be considered as part of the contract, and the seller should fulfill the corresponding obligation to give the car with a 360-degree panoramic reversing image to Mr. Tang. Unless the seller is able to give evidence that the vehicle has been informed in advance of the signing of the contract and that there is no image of reversing.
(Note: The deadline for this report is January 14, 2022, due to the appropriate delay in the review process)