14 days cancellation right under Norwegian Model 3 contract
«On: Today at. 08:32 »
This was taken up in another thread, but it is okay to get it in a separate thread.
It is important to be aware that in Norway you have a right of withdrawal that goes far beyond the 1/3-day regular return policy to Tesla. This is stated in the section on the "
region-specific provisions":
Regional Specific Provisions
If you are a consumer and this Agreement was entered into only by means of distance communication means (such as online or over the phone), you may undo the order for up to 14 days after delivery of the Vehicle or after the Vehicle has been made available for collection. To undo the purchase, you must clearly inform us of your decision to undo this Agreement within this 14-day period (eg, mail sent by mail) by contacting us at the address indicated in this Footnote of this Agreement. to fill out and send our cancellation form included on the last page.
If you exercise this right to undo, we will refund all payments received by you using the same payment method you used when making the payment. You are responsible for, and we may, therefore, reduce your refund, an amount that reflects the Vehicle's reduction in value due to your unnecessary handling under applicable law if you have used the Vehicle beyond what is necessary to determine the nature, characteristics and function of the Vehicle. You must return the Vehicle to a Tesla Service Center without undue delay and in any case within 14 days of the day you inform us of your decision to undo this Agreement. The deadline is met if you return the Vehicle before the end of this 14-day period. You must bear the direct costs of returning the Vehicle yourself. We will refund you (after making relevant deductions) after the Vehicle is returned to us.
(My underlining)
There was some discussion about the right of withdrawal also included the so-called "non-refundable order payment" of NOK. 15,000.
I doubt that Tesla will interpret the agreement so that it is not refunded. In that case, there is little reason to believe that this is a sustainable interpretation on their part.
The right of withdrawal, according to the wording, requires full reimbursement, and as a regional-specific provision, it is natural for this to precede the general contract in the event of conflict. Secondly, the general contract also states that the so-called non-refundable order payment is "a fair and reasonable estimate of the actual loss we have suffered or may suffer as a result of your breach of contract". Understanding a payment relating to breach of contract is of little use, also to apply to the lawful exercise of the right of withdrawal. Thirdly, it is forbidden to charge for the exercise of the right of withdrawal when this follows from the law of redemption, which I suppose is also the case here.
