Tesla Model 3 - V3.0

Tesla have added very specific wording to their Irish Order Agreements (see below) to address the scenario that have been discussed. Whether a specific contractual element specified in the Order Agreement (Contract) ranks ahead of any statutory rights is not something I am opining on but thought it useful to share to inform the debate given the specificity of the wording

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, and with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded

I think the important time is when the contract is concluded. Echo the views to send this into the small claims if there is any guff from Tesla.

(I’m not the EU any more than I’m UEFA, I’m just a person)

What works out better, PCP or HP?

Both at 0.99% and with similar deposit, the cost of finance figure are more or less the same (however everything is based on the wrong on-road price etc). I guess PCP would cost less per month for the period of PCP with the final payment (12k-ish) compared to HP which locks in the full amount into a 5 year loan.

Never bought a car on finance before, slightly clueless. What's the general consensus here.

Thats a secondary point and perhaps irrelevant. Tesla's contactual provisions are clear and state that where the purchaser has ordered following a Test Drive then "this Agreement shall not have been entered into by using means of distance communication and consequently you will not have the statutory cancellation right described herein "

The scenario that you mention as to timing of conclusion is a moot point in circumstances where the agreement was not entered into by means of distance communication.

In conclusion the wording is crystal clear in its intent…whether this contractual term is capable of overriding a statutory right is another matter but there is zero doubt about what it is saying.

I never mentioned anything about the euros here? You did. I said you were wrong on your interpretation of European law.

Define better.

Hp, you pay more per month but at the end, you own the car. Pcp, you pay less per month and after the term, you go again, hand back the car or buy it fom the finance company.

Depends On what your long term plan is really.

Pcp has been best summed up by many as a way to sell folks who can't afford it, a car.

Probably best to do the sums yourself.

You need to familiarise yourself with the differences as comparing PCP to HP is like comparing an Apple to an Orange..both are fruit but very different. The interest rate is similar to both but HP is a loan where you pay off the full amount borrowed by equal monthly repayments for the term and at the end of the term you own the car.

In contrast PCP can appear attractive as there are lower monthly repayments but at the end of the term there is a large "balloon" payment due before you own the car. You may benefit from lower monthly repayments but you are postponing a major decision to the end of the term. You can usually pay the ballon and take ownership, hand the car back or enter a new PCP.

All I know is that during Covid, dealers would often send walk around videos and value trade ins over the phone and deliver the car to the customers door. But before singing the sales contract they would make the customer test drive the car at their home therefore avoiding any distance selling rules. I feel like the same will apply in the Tesla scenario but obviously it was booked under a different name so they may well get their money back

@Gumbo would you be able to pm me the email address and wording please?

I’m also having a battle getting the refund out of Tesla.

Thanks

Update: Manager from Cork showroom called and reiterated that the deposit would not be refundable and tried to lie saying my wife had test drove the vehicle.

I told him that I could pull the call recording whereby his salesman agreed that the deposit was 100 percent refundable if we were to cancel. Situation magically solved and refund is due back to us in the coming days. How this man can try and barefaced lie to customers everyday amazes me that he's still in a job.

Amazing how they can just blatantly lie to hold onto deposits until you present them with evidence to call their bluff.