How a faulty cancellation policy can extend the cancellation period and why a valid cancellation is often possible without compensation.
If you purchased your Tesla online, you have a right of withdrawal under distance selling regulations. If the cancellation policy was flawed, the 14-day period can be extended to up to one year and 14 days. This article explains when this applies, which arguments hold up in court, and why a valid cancellation is often possible without compensation.
Right of withdrawal for online purchases: the basics
Consumers who conclude a distance selling contract, i.e., without personal contact and solely via the internet, generally have a right of withdrawal. Because Tesla typically sells its vehicles entirely online through its own configurator, the purchase usually falls under these distance selling regulations.
The advantage of cancellation is that you don't need to prove a defect or provide a reason. You simply declare your cancellation, return the vehicle, and receive a refund. The standard cancellation period is 14 days and begins as soon as you receive the goods and have been properly informed about your right of cancellation.
This second point is crucial. Because if the instruction is flawed, the deadline doesn't even begin to run.
Did you buy your Tesla online and are now considering returning it? Have your return period checked.
How a faulty cancellation policy extends the deadline
The 14-day period requires proper notification of the right of withdrawal. If the seller fails to provide this information or provides incorrect information, the short period does not begin. Instead, the withdrawal period is significantly extended.
The law sets a limit for this. According to Section 356 Paragraph 3 of the German Civil Code (BGB), the right of withdrawal expires no later than twelve months and 14 days after the date on which the regular withdrawal period would normally have begun. Within this extended period, you can therefore still withdraw from the contract even if months have already passed since delivery.
The crucial question, therefore, is whether the specific cancellation policy was flawed. This is not a mere formality, but the crux of the entire issue.
The Higher Regional Court of Stuttgart has confirmed that such an extended right of withdrawal is possible when purchasing a Tesla online, as we will discuss. reported in a separate article.
Whether your instruction meets legal requirements can only be determined through a thorough review. We will review it.
The contentious issue of phone numbers: what the courts say
The argument frequently circulates in public discourse that even the absence of a telephone number in the cancellation policy automatically leads to an extended cancellation period. Caution is advised here, as this argument alone has generally not prevailed in court.
Several courts have ruled that a missing telephone number does not invalidate a cancellation policy. The Federal Court of Justice rejected a corresponding appeal, and the Higher Regional Courts of Celle and Braunschweig also found the argument of a missing telephone number insufficient. Anyone basing their cancellation solely on this point therefore takes a considerable risk.
This does not mean that an extended deadline is out of the question. It does mean, however, that it depends on the specific errors in the instruction and not on a single, general buzzword.
Have you heard of the telephone number argument? We'll check whether your instruction can be challenged on more solid grounds.
The victory before the Higher Regional Court of Stuttgart: Lack of transparency instead of a telephone number
However, a Tesla cancellation was successful where the cancellation policy was flawed for other reasons. The Higher Regional Court of Stuttgart deemed Tesla's cancellation policy invalid because it was opaque and unclear for consumers. The court specifically objected to unclear and incomplete information, including details regarding return shipping costs.
In the case at hand, the buyer had purchased a vehicle online for approximately €65,000 and only revoked the contract more than a year after delivery. Because the instructions provided were flawed, the short cancellation period never began. The court therefore deemed the revocation valid, even though the vehicle had been used for an extended period.
The lesson here is clear. It's not a single buzzword that decides, but rather a careful analysis of where the instruction deviates from the legal requirements. That is precisely where the work of a lawyer lies.
The case we have prepared demonstrates that a Tesla purchased online can be successfully returned in this way. successful return of a Tesla purchased online.
Do you want to know if your instruction is legally contestable? We analyze it in detail and assess your chances.
The question of compensation: why you often pay nothing for use
A particularly important point concerns compensation for diminished value. Generally, after exercising a right of withdrawal, a consumer must compensate for any loss in value of the goods if they have handled them beyond mere inspection. However, this only applies if the seller has properly informed the consumer about their right of withdrawal.
If, however, the instruction was flawed, this compensation for diminished value is waived. According to Section 357a Paragraph 1 of the German Civil Code (BGB), you then owe no compensation for the loss in value, nor for the kilometers driven up to the point of cancellation. In the case decided by the Higher Regional Court of Stuttgart, this meant that the buyer did not have to pay any compensation for diminished value despite using the vehicle for more than a year.
There is a limit to consider. If you continue to use the vehicle after declaring your cancellation, compensation may be considered for that period. However, for the time prior to that, if the cancellation policy was incorrect, you will generally be liable for the full purchase price without any deductions.
This could mean real money for you. We will check whether a cancellation without compensation is possible in your case.
What you should do now
If you are considering a cancellation, a careful and prompt approach is essential.
- Have the instruction checked: Have your specific cancellation policy analyzed instead of relying on a single buzzword.
- Secure documents: Keep the purchase agreement, order confirmation, cancellation policy and all communication.
- Declaration of revocation in a verifiable manner: Declare your cancellation in writing and in a verifiable manner, for example by email or registered mail.
The right of withdrawal is only one of several options. If there is also a defect, such as insufficient range, the rights arising from the [unclear text] may also be invoked. Reversal of an electric car purchase due to insufficient range come into consideration. Rogert & Ulbrich has extensive experience in enforcing such claims against manufacturers, gained from numerous vehicle-related legal proceedings. emissions scandal trusted.
Don't wait too long, as the extended deadline will also expire. Do not sign anything until your instructions have been reviewed.
The sooner your cancellation policy is reviewed, the more options you have. Secure your rights while the deadline is still open.
Rogert & Ulbrich – Your lawyers specializing in electric vehicle defect law
Rogert & Ulbrich represents consumers nationwide in vehicle and contract law and has its own Automotive sector as well as a bundled page on Tesla defects. The law firm of Dr. Marco Rogert and Tobias Ulbrich has represented a large number of consumers and conducted vehicle-related litigation against manufacturers for many years in the emissions scandal. This experience in enforcement is now benefiting buyers of electric cars.
We will review your cancellation policy, clarify whether the deadline has been extended, and enforce your right to a full refund without compensation. We will negotiate with the seller out of court, and if necessary, enforce your rights in court.
Do you want to cancel your Tesla purchase made online? Get in touch and secure your rights.
