Volvo Cars General Terms & Conditions for Purchase of Goods

1. Welcome to Volvo Cars!

1.1 These General Terms and Conditions for Purchase of goods set out the terms and conditions on which you as a consumer (when we refer to a “consumer” in these terms, we mean an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession or corporate customer) can purchase goods sold by Volvo Cars (the "Terms"). Please read these Terms carefully before you complete your order – whilst we appreciate this isn’t always the most enjoyable activity, it’s an important part of the order process.

1.2 References to “Goods” in these Terms means the physical goods that you purchase from Volvo Cars as specified in your order specification.

1.3 The term “you” or “your” in these Terms refers to the individual or the legal entity (as the case may be) who is the purchaser of the Goods and that is entering this contract with Volvo Cars.

2. Who we are

2.1 We are Volvo Car UK Limited (company no 02281044), part of Volvo Car Group, and our registered address is Scandinavia House, Norreys Drive, Maidenhead, SL6 4FL, UK (“Volvo Cars”, ”we”, ”our” or ”us”). We are your contractual party and provider of the Goods.

2.2 We have tried to make these Terms easy to understand, but please do not hesitate to contact us if anything is unclear or if you have some questions. You can contact us through our Customer Relation Centre, preferably by calling us on 01628 422 522 or by email volvo-support@volvocars.com.

3. Who you are

3.1 You confirm (a) that you are capable of forming a contract, (b) if you are a consumer, that you are aged 18 or above, (c) if you are a legal entity, that the person accepting the Terms has the authority to do so on your behalf, and (d) that all the details you provide to us are true and correct. You are responsible for keeping the contact details we hold for you up to date at all times. Please contact our Customer Relations Centre as soon as possible if you need to change any of your contact details.

3.2 You also confirm that you are not a person, or acting on behalf of a person, designated on any sanctions list imposed by the UN, EU, United Kingdom or US, and that you will not sell, provide or transfer the right to the Goods to any such sanctioned person, or to any person located in (a) a country or territory which is, or whose government is, the subject of comprehensive sanctions, as may be in place or imposed from time to time, including (but not limited to) Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Donetsk People’s Republic region of Ukraine, the so-called Kherson People’s Republic region of Ukraine, the so-called Luhansk People’s Republic region of Ukraine and the so-called Zaporizhzhia People’s Republic region of Ukraine, (b) Russia or (c) Belarus. If at any time this turns out not to be true, your Contract (as defined in Section 5.2 below) will be terminated with immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law we may not be able to repay any payments that you may have made to us.

3.3 Please note that your purchase may be subject to the satisfactory completion of a verification process that includes a mandatory ‘know your customer’ and/or a credit check. In this process, certain information (including personal information) must be provided to either Volvo Cars or a third party. Please see Section 11 for further information about how any personal data you provide is treated.

4. Specification of the goods

4.1 A specification of the Goods is presented (i) on the webpage when placing the order, and (ii) in the order specification which is the summary, receipt, invoice, or similar document (as the case may be) provided by us as a confirmation of your order (“Order Specification”). Please note that images of the Goods presented on our webpage and/or in the Order Specification are for illustrative purpose only and may slightly vary from the delivered Goods (for example with respect to colour etc).

5. Ordering goods

5.1 The way in which you order and purchase the Goods from us is via Volvo Cars’ digital channels (“Order”). To complete your Order, you will need to fill in all required information and accept these Terms.

5.2 A binding contract is entered into between you and us for the relevant Goods when we approve your order (we reserve the right to at our sole discretion reject your order). Once your order is approved the Order Specification and these Terms shall become the sales contract (“Contract”).

6. Price and payment

6.1 The price of the Goods is stated online and confirmed in the Order Specification (the “Price”). The Price includes VAT unless explicitly stated that it excludes VAT.

6.2 We will provide you with an invoice stating the Price and the payment due date.

6.3 If you have purchased the Goods in relation to also purchasing a car from us and we have agreed that a finance company also will finance your purchase of the Goods together with financing the purchase of the car, in such case the invoice will be issued to the finance company and all payments will be governed by your agreement with the finance company.

6.4 Title to the Goods passes to you (or to the finance company as relevant in accordance with Section 6.3) when we have received the payment of the Price in full.

7. Delivery

7.1 The Goods will be delivered together with the car you have ordered and to the premises of your chosen Retailer (unless otherwise agreed in relation to delivering your car). The estimated delivery time for your Goods will be the same as the ordered car.

7.2 We will hand over the Goods to you (for the avoidance of doubt, we will not handover the Goods to anybody else) on the agreed delivery date provided that:

7.3 The Goods will be deemed delivered to you when you have signed the hand-over protocol (the “Time of Delivery”), the risk of the Goods has been legally transferred to you at the Time of Delivery.

7.4 If we fail to deliver the Goods, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the Price of the Goods.

8. Changes and cancellations

8.1 If you want to change or cancel your Order, please contact our Customer Relation Centre.

8.2 We reserve the right to (i) slightly change the specification of your Goods provided that the change is insignificant, and/or (ii) amend the specification of the Goods if required by any applicable statutory or regulatory requirement, we will notify you in any such event.

8.3 In the event we need to amend your Order Specifications due to an event or circumstances outside out control or if we become aware of an error on our webpage which affects your Order, and we cannot agree with you an order change, both you and Volvo Cars have the right to terminate this Contract with immediate effect before you have taken delivery of the Goods.

9. Right of withdrawal - Only applicable if you are a customer

9.1 If you are a consumer and the Contract has been concluded online or outside our or our Retailer’s premises, you have a legal right to withdraw or cancel (hereafter jointly referred to as “right of withdrawal”, “right to withdraw” etc) from your Contract by sending a clear written notice thereof to our Customer Relation Centre within fourteen (14) days from the Time of Delivery of the Goods (in accordance with the Consumer Contracts Regulations 2013). The notice shall be sent to our Customer Relation Centre using the contact details set out in Section 12. If you would like to invoke your right to withdraw you may – but you do not have to – use the standard template for exercise of the right of withdrawal as set out in Appendix 1.

9.2 If you have exercised your right to withdraw and sent us a written notification thereof you shall within fourteen (14) days thereafter return the Goods (including all original equipment and any parts that came with the Goods), at your own expense, to the Retailer.

9.3 Subject to Section 9.2, we will refund the paid Price to you as soon as possible from the date of when we received your notice of withdrawal from the Contract. A refund is however conditional upon you having returned the Goods (and all original equipment and any parts that came with the Goods) to our Retailer.

9.4 Notwithstanding what is stated in Section 9.3 if you have used the Goods to a greater extent than necessary in order to ascertain its characteristics and/or functions we reserve the right to deduct an amount equal to the diminished value of the Goods. In case the Goods comes back to the Retailer with any damages we will also deduct an amount equivalent to the costs for fixing these damages. The Retailer will inspect your Goods as soon as possible after you have returned it.

9.5 We will refund the Price paid (less any reductions in accordance with Section 9.4) to you through the same means as you used when paying for the Goods. We reserve the right to withhold the payment until we have received all reasonably requested information from you, such as bank details, to proceed with the refund.

9.6 Once you have returned the Goods, the return process is final and may not be revoked.

10. Liability

10.1 We are responsible for ensuring that the Goods conforms with the provisions of the Contract with respect to type, quality and other characteristics in the specification that we have provided.

10.2 If you are a consumer you have legal rights under applicable consumer legislation in the event the Goods is deemed to be defective. Nothing in this Contract excludes, restricts, or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified.

10.3 We are liable to you for any non-conformity of the Goods that exists at the Time of Delivery of the Goods and that manifests itself within a period of three (3) years from the delivery.

10.4 You should do your best to check that the Goods conforms with the provisions of this Contract especially in respect of quality or condition of the Goods or our failure to meet the specification, and if you notice any non-conformity this should be notified to our Customer Relation Centre in writing within a period of six (6) months from the moment you discovered the non-conformity.

10.5 Where any valid non-conformity in respect of the Goods (which is based on any defect in the quality or condition of the Goods or our failure to meet the specification) is notified to us in accordance with Section 10.4, you shall generally be entitled to the following:

10.6 If either we or you are in breach of this Contract, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a reasonably foreseeable consequence of the breach.

10.7 We shall not be liable or be deemed to be in breach of this Contract for reason of any delay in performing or any failure to perform, any of our obligations under this Contract, if the delay or failure was due to any cause beyond our reasonable control (e.g. war, natural disasters, pandemics and lock-downs).

10.8 This Contract does not exclude or limit our liability (if any) for any losses suffered as a result of: (i) death or personal injury caused by our negligence; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any matter which it would be unlawful for us to exclude or attempt to exclude our liability.

11. Processing of personal data

11.1 All processing of your personal data will take place in accordance with applicable legislation as well as with our Privacy Policy and any applicable privacy notices, which you can find on our website, https://www.volvocars.com/uk/legal/privacy.

12. Notices

12.1 All notices under the Contract shall be sent through email and shall be deemed to have been delivered upon the time of transmission to the following addresses:

Volvo Car UK Limited

volvo-support@volvocars.com

Volvo Car UK, Scandinavia House, Norreys Drive, Maidenhead, SL6 4FL

To you

To the email address provided by you to us.

13. Other general things you need to know

13.1 If either us or you decide not to enforce this Contract in respect of the other person’s breach of the terms of the Contract, such decision shall be communicated to the other party in writing and shall not be considered as a waiver of any subsequent breach of the same or of any other provision. In addition, failure by either us or you to enforce any term of this Contract at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

13.2 Any waiver by us or you of any breach of the terms of the Contract by the other shall be in writing and shall not be considered as a waiver of any subsequent breach of the same or of any other provision. Without prejudice to the generality of the foregoing, failure by either us or you to enforce at any time or for any period any one or more of the conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of them.

13.3 We may assign or transfer our rights and obligations under this Contract to another company. We will let you know if this happens and make sure that the transfer will not reduce your contractual rights.

13.4 The Contract is for the benefit of you and Volvo Car UK Limited being your contracting party, and no term of it will be enforceable by any other person that is not a party to it.

13.5 If any term of this Contract should be found invalid, you and we agree that the other terms of this Contract will remain valid and unaffected.

13.6 Please note that we comply with the applicable code of conduct operated by the British Vehicle Rental and Leasing Association (“BVRLA”) and The Motor Ombudsman (“TMO”). These codes set out the standards that all BVRLA and TMO members must adhere to and provide you with the reassurance that we are a company committed to delivering the highest industry standards.

14. Complaints

14.1 If we do not give the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right and take steps to prevent it happening again. You can do this by contacting our Customer Relations Centre, using the contact details below providing us with details of your complaint.

Email: volvo-support@volvocars.com

Phone: 01628422522.

14.2 If we disagree on an issue and you feel that we have not provided a satisfactory solution, you may use the BVRLA Trading Standards Institute-approved alternative dispute resolution or the TMO’s in-house automotive dispute resolution service. For further information, please see here https://www.bvrla.co.uk/consumer-advice/making-a-complaint-adr.html - and https://www.themotorombudsman.org/consumers/make-a-complaint.

15. Governing law and jurisdiction

15.1 The Contract and any dispute or claim out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall: