If I were in your shoes, I'd check w/ a lemon law attorney, and see what they think about using that to get a refund. After all, the car doesn't work as described.
I'm not a contract expert by any means, but this is what it says on the order page:
"The currently enabled features require active driver supervision and do not make the vehicle autonomous. The activation and use of these features are dependent on achieving reliability far in excess of human drivers as demonstrated by billions of miles of experience, as well as regulatory approval, which may take longer in some jurisdictions. As these self-driving features evolve, your car will be continuously upgraded through over-the-air software updates."
The legal tension here is that the feature is called "Full Self Drive", which has the plain intuitive meaning that the car can drive itself. Adding a bunch of weasel language in the fine print may not absolve Tesla from the implicit promises it makes with the name.
> The activation and use of these features are dependent on achieving reliability far in excess of human drivers
The fact that you are able to activate and use FSD (albeit not always well), implies, in Tesla's own words, that they've done this (otherwise it wouldn't be available for activation and use).
> as well as regulatory approval, which may take longer in some jurisdictions
These are the real weasel words, and Tesla likes to use them regularly, to imply pretty heavily to their fans that "this all works, but pesky regulators are keeping it out of your hands".
> The activation and use of these features are dependent on achieving reliability far in excess of human drivers as demonstrated by billions of miles of experience, as well as regulatory approval, which may take longer in some jurisdictions.
In other words, you can't rely on this until if becomes perfect. Which is meant to imply it is already almost perfect, but upon careful reading could also mean it doesn't work at all.