"Shenzhen Pengyi Automobile Sales Service Co., Ltd.: The customer defaults, considering personal circumstances, is willing to pay a part of the deposit."
A few days ago, the special search reporter reported that Mr. Tang of Shenzhen Songgang wanted to buy a car to go home for the New Year, but unexpectedly in the process of car selection, because of the configuration of the vehicle, there was a dispute with Chery Automobile dealer Shenzhen Pengyi Automobile Sales Service Co., Ltd. Now that nearly a week has passed, has Mr. Tang's troubles been solved?
On January 6, 2022, Mr. Tang 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.
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.
After the release of the report, on January 19, the special search reporter communicated with Shenzhen Pengyi Automobile Sales service Co., Ltd. again. At the scene, the special search reporter also met the salesman surnamed Wang. However, the special search reporter learned that the real identity of the salesman surnamed Wang was the manager of the car sales company. In response to the problems reflected by Mr. Tang, Manager Wang told the special search reporter that on the afternoon of January 18, Mr. Tang came to the store again to ask for a refund of 10,000 yuan of deposit. After consultation, the two parties determined that Mr. Tang's return of the car was a breach of contract, but considering his personal circumstances, Shenzhen Pengyi Automobile Sales Service Co., Ltd. finally agreed to refund part of the deposit. Mr. Tang said that it was acceptable, and then the two sides signed a settlement agreement on the spot.
Mr. Tang's troubles are solved, but there are still many such consumer disputes in daily life, when consumers in the consumption process, especially when they get verbal promises from merchants, how to prevent them from falling into the pit? The special search reporter also consulted Lawyer Lin Bing of Beijing Jingshi (Shenzhen) Law Firm.
Lawyer Lin Bing believes that in this incident, Peng Yifang actually has great problems. The manager claimed that the high-end model with the 360-degree panoramic reversing image configuration was the high-end model of the car, but in the contract, Mr. Tang purchased the medium-equipped model, and these were only known to Mr. Tang after signing the contract, and was not told that the model was different. Fortunately, at present, the two sides have reached a consensus and the dispute has been resolved. This also reminds us that when we get verbal promises from merchants, we must remember to leave the content of the merchant's commitments with corresponding written records or other legally recognized evidence, such as WeChat records, audio and video recordings, etc., and we can also choose to communicate with the merchants to sign additional agreements. In short, do not easily believe the verbal promises of the merchant, and must leave corresponding evidence, so as to help consumers protect their legitimate rights and interests in the later stage.
(Note: The deadline for this report is January 20, 2022, due to the appropriate delay in the review process)