It's a matter that could well make you smile. Could an emoji, that insignificant little symbol on our screens, really cancel a Ferrari sale? The answer lies in a legal dispute linked to the cancellation of an order for a Ferrari SF90 Stradale.
A Ferrari SF90 Stradale ordered, but delivery drags on
It all started when a German buyer, having paid a deposit of 60,000 euros, ordered a Ferrari SF90 Stradale. The car was to be delivered before the end of the first half of 2022but a production delay disrupts the planned date.
The cause of the delay? A problem with the batteries, whose repairs constantly postpone delivery. As a reminder, the SF90 Stradale is a plug-in hybrid car. On May 9, the buyer learned that his dream of getting behind the wheel of his Ferrari still had to wait. Finally, he sets a final deadline: May 31, 2022. Still seeing nothing coming, the buyer decides to terminate the contract on June 1st. He requests the return of his deposit.
The emoji ????, the subject of a misunderstanding between buyer and seller
Everything might have seemed simple enough: a car not delivered on time, a contract that gets canceled. But now, a detail as innocuous as an emoji on WhatsApp finds itself at the heart of the dispute. When announcing the delay, the seller wrote to the customer: “The SF90 Stradale is postponed until the first half of 2022”. The buyer, disappointed, responds with a simple “Oops” accompanied by an emoji ????.
The seller took this as a tacit confirmation of the extension of the delivery time until the end of June 2022, thinking that the emoji and the “Oops” were an implicit agreement from the buyer. It therefore does not cancel the order against the buyer's decision. It was from this moment that the relationship deteriorated with on the one hand the seller who thought he had confirmation of delivery for the end of June while the buyer wanted to cancel his order on June 1st. A disagreement that went all the way to court.
-The judicial verdict
After an initial decision unfavorable to the buyer, the latter appealed, and the court of appeal annulled the initial judgment. The court found that the customer's response, even accompanied by this emoji, in no way indicated consent to extend delivery. It is clearly stated that “Oops” is only an exclamation, not an agreement.
The matter is not over yet. The seller had demanded compensation of 110,000 euros, arguing that the Ferrari would be sold at a loss. But the court ruled that the seller had no basis for this claim.
This case is a reminder of the extent to which digital exchanges, such as a simple WhatsApp message or an emoji, can have major legal implications. So the next time you send an emoji in response to an announcement or delay, remember that it could be interpreted completely differently than you intended.
