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(A) 你與車商協議的前題是"先付 1,000 美元订金"但是對方必須车一周内不到,否則您会要求全額退回订金,基本上這個口頭約定就是一份合約。但是對方事實上是完成這個約定,因為依據您的說法,车辆在約定。第 4 个工作日就已經到店。所以就法律的層面來說,對方完成了雙方約定的要求,因此您應該依約定,完成購車與提車的行為 (請注意,依據您的說法,老貓並未看到在這個約定中,有(A)您可以片面用任何其他理由推翻這個交易,(B) 對方必須在任何除了未能在一周交車的約定之外,必須全額退還訂金的這兩個˙條款 (所以除非您在原文中有意或是無意沒有提到這個細節,就是沒有這兩項約定)。

因此,在這個案件中,違約的一方事實上是您而非對方,所以對方做為銷售方,拒絕退還一千刀的訂金,其實是合理的行為,因為,如您所提,在雙方所簽屬的文件中,可退订金/不可退订金”,以及卖方会为我保留车辆多久。但这些地方全部都被标注为 N/A(不适用),這個部分是您的疏失,但是對方這樣做並不違法。(記住,車商是營利組織,對方有權在合法的情況下,盡力為自身爭取最大利益,所以任何文件,在簽署之前,必須仔細核實,因為細節就是魔鬼。)

(B) 就個人道義的層面,對方替您從車廠提車,運送到車商,等你提車,這中間的人事開支,運車油錢,服務費用都是錢,您一句,我不要了,就讓人家的所有花費打了水漂,對方不找你要一個公道,真的說不過去。600 刀的車馬費,真的不貴。

(C) Section 4165.02 | Deceptive trade practice actions. 的規範如下 (老貓將暨各重點翻譯成中文,便於您閱讀)

(您問的是,車商的行為是否違反這條法律的相關規定,老貓的理解是,對方並沒有違反這條法律中所規範的行為)

(A) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person does any of the following:

(A) 任何人在其經營業務、職業或工作中,從事以下任何行為,均構成欺騙性貿易行為:

(1) Passes off goods or services as those of another;

(2) Causes likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) Causes likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another;

(1) 將商品或服務冒充為他人的商品或服務;

(2) 造成消費者對商品或服務的來源、贊助、認可或認證產生混淆或誤解;

(3) 造成消費者對與他人之間的隸屬關係、聯繫或關聯,或他人提供的認證產生混淆或誤解;

(4) Uses deceptive representations or designations of geographic origin in connection with goods or services;

(5) Lists a fictitious business name in a local telephone directory that is published on or after the effective date of this amendment, in circumstances in which all of the following apply:

使用具有欺騙性的地理來源表述或標識來宣傳商品或服務;

(5) 在下列情況下,在本修正案生效之日或之後出版的本地電話簿中列出虛假的商號:

(a) The person's fictitious business name is not registered as a trade name with, or its use as a fictitious name has not been reported to, the secretary of state under sections 1329.01 to 1329.10 of the Revised Code.

(b) The person's listed fictitious business name misrepresents the geographic location of the person, because that name includes a reference to a political subdivision or another geographic area of this state, the person does not have business premises in that political subdivision or other geographic area from which the person sells, leases, rents, or otherwise provides particular goods or services in this state, and the person's use of that name causes a likelihood of confusion or misunderstanding by consumers as to the geographic location with which the consumers are dealing in the purchase, lease, rental, or other provision of, or will be dealing in the resolution of problems that may arise in connection with, particular goods or services.

(c) The local telephone directory listing of the person's fictitious business name does not identify the political subdivision and, if the person is not located in this state, the state in which are located the person's business premises with which consumers are dealing in the purchase, lease, rental, or other provision of, or will be dealing in the resolution of problems that may arise in connection with, particular goods or services.

(d) Telephone calls to the local telephone number listed for the person's fictitious business name routinely are forwarded or otherwise transferred to business premises of the person that are located outside the calling area covered by the local telephone directory.

(6) Lists a fictitious business name in a directory assistance database on or after the effective date of this amendment, the circumstances described in divisions (A)(5)(a) and (b) of this section apply regarding the person's listed fictitious business name, and telephone calls to the local telephone number listed for the person's fictitious business name routinely are forwarded or otherwise transferred to business premises of the person that are located outside the local calling area;

(7) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;

(8) Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(9) Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(10) Disparages the goods, services, or business of another by false representation of fact;

(11) Advertises goods or services with intent not to sell them as advertised;

(12) Makes false statements of fact concerning the reasons for, existence of, or amounts of price reductions;

(13) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

(B) In order to prevail in a civil action under section 4165.03 of the Revised Code that seeks injunctive relief or an award of damages and that is based on one or more deceptive trade practices listed in division (A) of this section, a complainant need not prove competition between the parties to the civil action.

(C) This section does not affect unfair trade practices that are otherwise actionable at common law or under other sections of the Revised Code.

(D) A telephone company, provider of directory assistance, publisher of a local telephone directory, or officer, employee, or agent of the company, provider, or publisher shall not be liable in a civil action under section 4165.03 of the Revised Code for publishing in any directory or directory assistance database the listing of a fictitious business name of a person who commits a deceptive trade practice that is listed in division (A) of this section unless the telephone company, provider of directory assistance, publisher of a local telephone directory, or officer, employee, or agent of the company, provider, or publisher is the person who committed the deceptive trade practice listed in division (A) of this section.

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