Ferrari: the sale of an SF90 Stradale cancelled because of an Emoji 😬

It's a case that could well make people smile. Could an emoji, that insignificant little symbol on our screens, really cancel a sale of Ferrari ? 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 began when a German buyer, with a deposit of €60,000, ordered a Ferrari SF90 Stradale. The car was scheduled for delivery before the end of the first half of 2022.but a production delay upset the scheduled date.

The cause of the delay? A problem with the batteries, whose repair keeps postponing delivery. As a reminder, the SF90 Stradale is a plug-in hybrid. On May 9, the buyer learns that his dream of getting behind the wheel of his Ferrari still has to wait. Finally, it sets a final deadline: May 31, 2022. Still seeing nothing coming, the buyer decides to break the contract on June 1st. He asked for his deposit back.

The 😬 emoji, the subject of a misunderstanding between buyer and seller

It all seemed simple enough: a car not delivered on time, a contract cancelled. But now, a detail as insignificant as an emoji on WhatsApp is at the heart of the dispute. When the delay was announced, the seller wrote to the customer: "The SF90 Stradale is postponed to the first half of 2022". The disappointed buyer responds with a simple "Oops" accompanied by an emoji 😬.

The seller took this as tacit confirmation of the extension of the delivery deadline to the end of June 2022, thinking that the emoji and the "Oops" were an implicit agreement by the buyer. He therefore did not cancel the order against the buyer's decision. It was from this point on that the relationship deteriorated, with the seller on the one hand believing he had received confirmation of delivery by the end of June, while the buyer wanted to cancel his order on June 1. The disagreement went all the way to court.

The court verdict

After an initial ruling against the buyer, he appealed, and the court of appeal overturned the initial judgment. The court ruled that the customer's response, even if accompanied by this emoji, in no way indicated consent to extend delivery. Please note that "Oops" is only an exclamation, not an agreement.

But it's not over yet. The seller had claimed 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 how digital exchanges, like 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 in a totally different way from what you intended.