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BREACH OF PURCHASE CONTRACT AND DELIVERY DELAYS

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Tipologia di problema:

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M. A.

A: GRUPPO AUTOTORINO

30/09/2025

Name: Milad Ansari Date of Birth: September 3, 1996 COMPANY DETAILS Company: AUTOTORINO S.P.A. Legal Address: Via Stazione, 4 - 23013 Cosio Valtellino (SO) Branch Office: Milano TOY - Viale Ortles, 56 - Milano Phone: 02 94434911 PEC: autotorino@pec.it Sales Consultant: Valerio Rossi (Phone: 02 55218923, Email: valrossi@autotorino.it) CONTRACT DETAILS Contract Type: Purchase of Used Vehicle Order Number: 1.387.235 Contract Date: August 21, 2025 (digital signature) Vehicle: Toyota Auris II 2013 Benzina 1.8h Active eco License Plate: EY309ZV VIN: SB1MS3JE70E138309 Mileage: 55,755 km Total Price: €11,400.00 Deposit Paid: €1,000.00 Balance Due: €10,400.00 DESCRIPTION OF THE PROBLEM Timeline of Events August 21, 2025: I digitally signed a purchase contract with Autotorino S.p.A. for a used Toyota Auris through sales consultant Valerio Rossi, paying a €1,000 deposit. According to the contract terms, the company was obligated to notify me of vehicle availability and request the balance payment 5 working days before delivery. August 21 - September 27, 2025: Despite over 5 weeks passing, I received no communication regarding vehicle availability, delivery dates, or any timeline for completion of the purchase from either the sales consultant or the company. September 27, 2025 (Saturday): Due to the prolonged silence and breach of contract, I sent a formal legal notice (diffida ad adempiere) via registered mail and PEC, giving Autotorino 15 days to deliver the vehicle or face automatic contract resolution. September 27-28, 2025: Following the formal notice, sales consultant Valerio Rossi contacted me via WhatsApp with vague promises: Claimed the vehicle was "ready for delivery" Promised their "delivery team" would contact me on Monday, September 29 Asked me to transfer the rest of the payment I offered to send written availability confirmation September 30, 2025 (today - Tuesday): Despite specific promises made by Mr. Rossi: No "delivery team" has contacted me today as promised No written availability confirmation was sent Complete silence to my final request for proper contractual compliance Legal Violations 1. Breach of Consumer Code Article 61: The company failed to deliver goods within 30 days of contract conclusion, violating the Consumer Code requirement for timely delivery without unjustified delay. 2. Contractual Breach: Violation of Article 7.2 of their own General Sales Conditions, which requires availability notification before requesting payment. 3. Bad Faith Performance: Pattern of broken promises and evasive behavior by both the company and its representative violates the good faith principle required in contractual relationships under Article 1375 of the Civil Code. 4. Misleading Conduct: Making specific commitments through their sales consultant (delivery team contact, written confirmations) then failing to honor them constitutes misleading commercial practice. Specific Damages and Inconvenience 1. Financial Impact: €1,000 deposit held without corresponding service Necessity to seek alternative transportation solutions Potential higher costs for alternative vehicle purchases due to market changes 2. Time and Inconvenience: Over 5 weeks of uncertainty and waiting Multiple attempts to obtain basic information about delivery Time spent managing the dispute and seeking resolution 3. Opportunity Costs: Inability to purchase alternative vehicles due to funds tied up Lost opportunities for better deals during the waiting period Company's Contradictory Behavior The company's conduct, through its representative Valerio Rossi, demonstrates clear bad faith: Initially: Complete vague responses for over 5 weeks After formal notice: Sudden claims of vehicle readiness Specific promises: "Delivery team will contact Monday" Reality: No contact received today as promised Pattern: Each interaction leads to new delays and unfulfilled promises REQUESTED RESOLUTION Primary Request: Immediate delivery of the vehicle as contracted, with all documentation properly completed. Alternative Request: If delivery cannot be completed immediately: Full refund of the €1,000 deposit Compensation for damages incurred due to the delay Reimbursement for additional transportation costs Recognition of the time and inconvenience caused Additional Measures: Formal acknowledgment of the breach of consumer rights Commitment to improve delivery communication procedures Assurance that similar delays will not affect other consumers SUPPORTING DOCUMENTATION Original purchase contract dated August 21, 2025 Proof of €1,000 deposit payment Formal legal notice sent September 28, 2025 Screenshots of WhatsApp conversations with sales consultant Valerio Rossi showing broken promises Records of attempts to contact the company Documentation of additional costs incurred during delay period CURRENT STATUS A formal legal notice with 15-day deadline is currently running (expires October 13, 2025). If the company fails to perform by this date, the contract will be automatically resolved by operation of law, and I will pursue full legal remedies including double deposit return (€2,000) and comprehensive damages. This consumer complaint is filed to seek resolution through all available channels while protecting my rights under both consumer protection law and general contract law. DECLARATION I declare that all information provided in this complaint is true and accurate. I am willing to provide additional documentation or clarification as needed to resolve this matter. I request Altroconsumo's assistance in obtaining a fair and prompt resolution to this dispute, which clearly violates established consumer protection standards and contractual obligations. Date: September 30, 2025 Milad Ansari

Richiesta di assistenza 06 ottobre 2025

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