XiaoHan planned to buy a new energy vehicle last year, and after paying the deposit, he has not picked up the car. He said he agreed on a date for the latest pick-up in the contract, but later found out that his car had been sold.
There is a Hangzhou Changding Automobile Sales Co., Ltd. on Lingbo Road in Hangzhou's West Lake District. In September last year, Xiao Han came here and ordered a GAC Aean S plus 70 technology version of the new energy vehicle, with a price of more than 159,000.
Xiao Han: At that time, I thought this car was better, and then I signed the contract directly, paid (a deposit) of 4999 yuan, because of my own economic reasons, I noted that the latest pick-up time was January 11, 2022, and I was able to buy this car until the year-end bonus or January salary was issued.
The remarks column on the vehicle sales contract reads that the car will be picked up at the latest on January 11, and it will not be outdated. Xiao Han said that after paying the deposit, he told his family about buying a car, which was opposed by his family.
Xiao Han: My sister did not particularly agree, she felt that it was not wise to buy a car now, because the vehicle is a consumer product, so let me not buy it first, and after a period of persuasion, I decided not to buy a car.
Xiao Han provided a WeChat chat history with Mr. Ding, the salesman. In late September last year, Xiao Han said that he decided not to buy it and hoped to refund part of the deposit. Sales Mr. Ding said that the contract has been effective and can not be returned, Xiao Han also proposed, hoping to transfer the car to the next buyer, sales said that the mobile phone application is one-to-one, matching the frame number, according to the contract can not return the deposit. Xiao Han opened the GAC Aeon mobile phone application, which had a vehicle identification code on it. The contract states that the actual delivery date of the vehicle is within three working days from the date of receipt of the notice by Xiaohan. The chat records show that in December last year, the sales contacted XiaoHan through WeChat, saying that the car would arrive at the store within a week and if it was not mentioned, it would be taken out and handed over to others. Xiao Han once again expressed that he could not pick up the car, and stressed that he needed to stay until January 11. The other party said that it could only come according to the contract. Xiao Han said that according to his understanding, whether he buys the car or not, the dealer should leave the car until January 11 this year according to the notes of the contract.
Xiao Han: I was thinking that if they were really very tough, then go according to the contract, if they really stayed on January 11th, I still can't buy it, then this deposit is not refundable, after all, I broke the contract, I went to contact on January 10th, the sales that communicated with me at that time, he told me that the car that the app placed an order, the frame number of the car has been sold, I think they have violated the contract, they should return the deposit to me.
Manager Li of Hangzhou Changding Automobile Sales Co., Ltd. said that the car that Xiaohan bound to the mobile phone app has indeed been sold, but they have reserved the same model and configuration for Xiaohan.
Hangzhou Changding Automobile Sales Co., Ltd. Manager Li: According to the normal said that our car to the shop within 3 days, you have to come to pick up the car If you do not pick up the car, I will keep the same car for you, but it is not that the frame number you want, because our contract does not write the frame number, because the car should pay attention to the first-in, first-out, we give the same configuration to you, when you book the car, the frame number is indeed bound to the app, but your car, for a long time do not mention, I can tell the manufacturer that you untie me, but we are not, Leave an up-to-date car for you.
Mr. Ding, who was also at the scene, said the matter could only be done in accordance with the contract.
Hangzhou Changding Automobile Sales Co., Ltd. sales Mr. Ding: What I said, is that you booked this car, you don't belong to the unilateral destruction of the contract, the scheduling deposit is non-refundable, you don't want this car, you can't let others mention, we put hundreds of thousands of cars here, you are five thousand yuan pressed here, we must have a loss, more than three months on the called inventory car, the law is greater than the love or the love is greater than the law, will not be because of your unilateral personal reasons, the big company system to push down.
For Manager Li and Mr. Ding's statement, Xiao Han still did not quite agree, because when he wanted to return the car or transfer it to other buyers, the sales said that it was better to match the car one-on-one. Next, he intends to take the legal route to solve it. Han he who cares about the store, you can think about it again. Mr. Ding, a salesman, mentioned that more than three months is called an inventory car, which is also a statement that everyone can also use a small book to write it down.
(1818 GoldenEye)