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The news that Tesla refused to deliver Model 3 to pinduoduo group-buying car owners caused hot discussion on the Internet. According to information provided by a Wuhan car owner, Tesla delivery specialist said, "our company suspects that this order was issued by pinduoduo or other merchants in your name." In fact, it constitutes concealing the true order information from our company. Our previous announcement has declared that pinduoduo's group buying activity is unauthorized, and you should request delivery of the vehicle or refund to the car buyer on the grounds that you refuse to deliver it to the car owner.

Tesla delivery Commissioner claimed that the behavior of pinduoduo and Yi to buy a car violated the prohibition of resale clause clearly stipulated in Tesla's car order terms, and Tesla would cancel the order according to the buyer's breach of contract clause agreed upon in the contract, and advised the Wuhan car owner to place an order through Tesla's official channel.

According to the information provided by the car owner, it paid 270550 yuan to Tesla Automobile sales Service (Wuhan) Co., Ltd through Citibank, plus the first deposit of 1000 yuan, which was consistent with the price of the standard Model 3 upgrade subsidy shown on Tesla's official website. In other words, the car owner paid the money but could not carry the car, and Tesla refused to deliver whether it met the requirements has become the focus of public opinion.

In response to this news, Tesla China responded that "the company has publicly made it clear in several channels that Tesla's official website is the only formal channel for buying new cars, and has never commissioned other platforms or merchants to carry out sales activities." In the car purchase agreement signed by Tesla and the customer, it is also clearly stated that the company has the right to unilaterally rescind any order involving resale. Tesla China draws consumers' attention to the risk that rights and interests may be compromised if they participate in any unofficially authorized activity. In addition, Tesla China will adhere to the consistent principle and reserve the right to pursue the legal liability of the relevant parties in view of the resale order phenomenon. "

In addition, Tesla also clearly marked "no resale" in the purchase agreement. The agreement states that "if we sell cars directly to users, we have the right to unilaterally terminate this agreement for any order that we believe is for resale or for other non-bona fide purposes."

However, some lawyers said that the "prohibition of resale" clause in Tesla's purchase agreement may not be established. First, the essence of this business model is that pinduoduo provides subsidies to users. Tesla cannot prove that this is called resale. Second, the Law of the people's Republic of China on the Protection of Consumer Rights and interests stipulates that business operators shall not, by means of standard terms, notices, statements, store notices, etc., make provisions that exclude or restrict consumer rights, reduce or exempt operators from responsibility, increase consumer responsibility and other provisions that are unfair and unreasonable to consumers, and shall not make use of format terms and technical means to force transactions. Restricting the resale of goods with real rights by users actually belongs to restricted trading.

It is understood that the above activity is a limited-time flash sale activity launched by pinduoduo in July, and the product is Tesla's 2019 Model 3 quasi-continuous driving upgrade model. The page shows that the Model 3 to hand price is 251800 yuan, which is 20, 000 yuan cheaper than the official website, and the organizer is suitable to buy a car.

Due to the large range of concessions, it instantly attracted the attention of consumers and Tesla officials. Tesla issued a statement on the event on July 21, saying that he did not have any cooperation with Yi Buy or pinduoduo on the group purchase activity, nor did he have any form of consignment service with Yi Buy or pinduoduo. Nor have we sold any production vehicles to Yi Buy or pinduoduo for this group purchase activity. Tesla also said that Tesla will not bear any responsibility if consumers have any disputes or damage to their rights and interests as a result of the above-mentioned group-buying activities.

Then pinduoduo responded that it had been verified with the merchants that the car was authentic Tesla, and the subsidy was real. Appropriate to buy a car customer service also said that the Tesla vehicle launched by flash sale activity is a genuine new car, only 5 black models, do not support stages. After the user has successfully ordered the car, it is appropriate to contact the customer to confirm the relevant information and complete the delivery within 30 working days after the customer's final payment.

Tesla's refusal to deliver also attracted the attention of netizens, who said that Tesla clearly marked "no resale" in the purchase agreement, and Tesla was not at fault in refusing to deliver. Some netizens said that the car owner did not pay a penny less, the subsidy was given by pinduoduo, Tesla did not make less money, and Tesla had no reason not to deliver.

Judging from netizens' comments, more netizens chose to support Tesla because Tesla had previously issued a statement to make clear his position, and pinduoduo's behavior did affect Tesla's sales model. Some netizens said that such a big discount from pinduoduo has seriously damaged Tesla's sales model. In terms of brand interests, Tesla not only can not get any benefits, but also will cause unnecessary trouble.

Tesla refused to deliver Model 3 to pinduoduo group-buying car owners because he did not meet the delivery policy, becoming the largest "melon" in the car circle today. So the question is, is there any problem with Tesla refusing to deliver to pinduoduo group-buying car owners? who do you think is more reasonable?

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