TERMS AND CONDITIONS
For the purchase of Volvo accessories and products
1 THESE TERMS
1.1 These are the Terms and Conditions that apply to Your online shopping of Products through Our Website. Products can be ordered through Our Website either from Us directly for delivery to You ("Delivery to Address") or from one of Our Volvo Cars dealers for collection by You ("Pickup at Dealer"). The option selected will determine who is supplying Your Products (either Us or Your chosen dealer) and the terms that apply to Your order as follows:
(a) "Delivery to Address" – Your order and contract for the purchase of the Products is with Us and the Terms and Conditions set out in clause 8 below will apply to Your order;
(b) “Pickup at Dealer” – We will pass Your order to Your chosen Volvo Cars dealer and the Terms and Conditions set out in clause 9 below will apply to Your order. Please note that if this option is selected, Your contract for the purchase of the Products will be with Your chosen dealer and not with Us.
Please see clause 4 (Order Process and Delivery Options) for information on how to place Your order.
1.2 Please read these Terms and Conditions carefully before you submit Your order. By ticking the box confirming Your acceptance of these Terms and Conditions, You confirm that You accept and understand these Terms and Conditions and agree to be bound by them. If You refuse to accept these Terms and Conditions You will not be able to place Your order for Your Products. You should print a copy of these Terms and Conditions or save them to Your computer for future reference.
1.3 We have tried to make these Terms and Conditions easy to understand but We do understand that You may feel uncertain about some sections when You read them. Our staff are here to help and will be more than happy to assist You with any query You may have. If You have a query about these Terms and Conditions, would like a copy of these Terms and Conditions, or do not accept them, please contact Us on the following details:
Postal Address: On-Line Accessories, Volvo Car UK Limited, Scandinavia House,
Norreys Drive, Maidenhead, Berkshire, SL6 4FL
1.4 We reserve the right to change these Terms and Conditions at any time without any prior notice.
Any changes will be effective for new orders placed after the change has been posted on the Website. We recommend that You keep Yourself updated on the Website and check the Terms and Conditions before each new order to become aware of any changes that may have been made since Your last visit.
2.1 To make these Terms and Conditions easy to read We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below:
"Contract" means any contract between You and Us for the sale and purchase of Products incorporating these Terms and Conditions. This term only refers to "Delivery to Address" orders accepted by Us in accordance with clause 8 below and not "Pickup at Dealer" orders, where Your contract will be with Your chosen dealer;
"Products" means the "Volvo" accessories and lifestyle products which are available for order on the Website;
"We"/"Our"/"Us" means Volvo Car UK Limited, a company which is registered in England and Wales (company number: 02281044 / VAT number: GB 505 3451 76) and whose registered office is at Scandinavia House, Norreys Drive, Maidenhead, SL6 4FL;
"Website" means qaoxp.volvocars.com/; and "You"/"Your" means you as Our customer.
3 PRODUCT INFORMATION, PICTURES AND COLOURS
3.1 We try at all times to make sure that all information on the Website is correct. Still, errors may happen and We will then rectify any such errors – for example related to product descriptions or listed prices – as soon as possible and notify You if We think that Your order may have been affected in any way.
3.2 Please note that images on the Website are for illustration purposes only and do not guarantee to reproduce the exact appearance of the Product in question. The colours of Products as they will appear in images on the website may depend on many factors, including the settings of Your screen. Real life shapes, sizes and proportions may also differ from how they appear on a screen. Please refer to dimensions provided in the Product description to ensure that the Product fits Your purpose. The packaging of the Products may also vary from that shown on the Website.
3.3 If You are uncertain whether a specific Product will fit Your car (e.g. because Your car has earlier been modified) please contact a Volvo Cars dealer for advice prior to placing Your order.
4 ORDER PROCESS AND DELIVERY OPTIONS
4.1 To order Products on the Website You will need to select which delivery option you want, either "Delivery to Address" or "Pickup at Dealer", and complete the applicable online order process.
4.2 The two delivery options are:
(a) "Delivery to Address" - The Products are ordered and paid for online and will be delivered by Us to the address provided by You during the online order process.
(b) "Pickup at Dealer" - The Products are ordered online and will be supplied by your chosen Volvo Cars dealer, when You collect and pay for them.
4.3 Our online process will guide You through the steps you need to take to make Your order. That process allows you to check and amend any errors before making the order. Please take the time to read and check Your order at each stage of the order process.
4.4 You must ensure that You have filled in Your personal details on the online order form correctly (especially the delivery address, if you select the "Delivery to Address" option, and the
Product(s) which You require) otherwise We may not be able to send the correct Product(s) to You.
4.5 Due to various reasons related to safety, practical concerns or regulations, not all Products can be purchased through both delivery options and are thus only available for purchase with the delivery option "Delivery to Address" or “Pickup at Dealer”. There can only be one delivery option per order. This means that all Products must be ordered with the same delivery option. Where Products cannot be ordered with the same delivery option You will need to make two separate orders with different delivery options. You will be notified during the order process if this is the case.
5.1 All prices listed on the Website:
(a) are in pounds sterling (£)(GBP);
(b) include VAT and other applicable taxes;
(c) exclude the cost of delivering the Products to You, where You select the "Delivery to Address" delivery option.
5.2 The pricing may differ depending on whether You choose the option “Delivery to Address” or “Pickup at Dealer”. This is because in the latter case, the dealer’s pricing applies. As all dealers have the right to set their own prices for the Products, the pricing may also differ between Volvo Cars dealers.
6.2 You hereby acknowledge and agree that Your personal data is processed by Us, Our local dealer from where You choose to collect the Products (if applicable) as well as Volvo Car Corporation, a Swedish company with registration number 556074-3089, with the address 405 31 Gothenburg, Sweden. Unless You consent and accept to be contacted by Us for any other reason, Your personal data will only be processed by Us and our collaboration partners (including Your chosen Dealer, if applicable) in order to fulfil Our contractual obligations to You under the Contract or in processing Your order.
8 “DELIVERY TO ADDRESS” ORDERS. THIS CLAUSE 8 APPLIES ONLY WHERE YOU SELECT THE DELIVERY OPTION "DELIVERY TO ADDRESS". IF THIS OPTION IS
SELECTED, YOUR ORDER AND CONTRACT FOR THE PURCHASE OF THE PRODUCTS IS WITH US. ALL ORDERS WILL BE SUBJECT TO ACCEPTANCE BY US IN ACCORDANCE WITH THIS CLAUSE 8.
8.1 Your Contract with Us
(a) This clause sets out how a legally binding Contract is formed between You and Us.
(b) To purchase Products on the Website from Us, You will need to complete the online order process and pay the price for the Products in full.
(c) Upon finalising Your order (i.e. once You have clicked on the "pay now" button at the end of the checkout process), We will send You an order acknowledgement email. The order acknowledgement email contains relevant details about Your order and a unique order ID number that should be referred to in any subsequent queries or correspondence relating to Your order. This acknowledgement email does not mean that Your order has been accepted by Us.
(d) We may contact You to say that We do not accept Your order. This is typically for the following reasons:
(i) the Products are unavailable;
(ii) We cannot authorise Your payment;
(iii) You are not allowed to buy the Products from Us;
(iv) We are not allowed to sell the Products to You;
(v) You have ordered too many Products; or
(vi) there has been a mistake on the pricing or the description of the Products.
(e) If the above criteria is not met and we cannot deliver Your order You will be contacted by Us. No order has been accepted by Us until We have sent You a confirmation of
order by email which states:
(i) Your order number; and
(ii) that We have received payment from You, (the “Order Confirmation”).
(f) A Contract will only be formed when We accept Your order in accordance with this Clause 8.1(e).
(g) If, for some reason, it is not possible for Us to provide You with some or all of the Product(s) which You have requested after We have sent You the Order Confirmation, then We will contact You to discuss possible alternatives. For avoidance of doubt, You are entitled to a full refund for Products You have paid for and which We cannot supply within 30 days of the date We sent You the Order Confirmation.
(a) The Products are ordered and paid for online. A delivery fee will be added to Your order, calculated based on Your postcode and the size, weight and nature of the Products.
(a) The price for Your Products is payable by credit or debit card only (Visa or MasterCard) via Our secure online payment system. We use Worldline for internet payment services and You agree to Worldline handling the payment transaction and Your card details and any other information necessary for such payment transaction to be executed by Worldline (including but not limited to fraud prevention). Worldline is certified by banks and card acquirers to securely manage payment transactions. All communication between Our website and Your bank is handled by Worldline and encrypted via SSL (Secure Sockets Layer).
(a) Products will be delivered to the address set out in Your online order form usually within 2 to 5 working days from the date of the Order Confirmation (unless You are otherwise notified by Us). Delivery will always take place within 30 days after the day on which We send You the Order Confirmation.
(b) You are responsible for the Products when delivery has taken place. In other words, risk in the Products passes to You when You take possession of the Products.
(c) All Products ordered by You will remain Our property until We have delivered the Products to the address stated in the Order Form.
(d) We may deliver the Products in instalments. If You have any questions around the delivery of Your Products, please contact Our Customer Support by telephone or email.
(a) If You are a consumer (i.e. not buying the Product(s) in the course of Your business, trade or profession), then You may cancel Your Contract for the Products within 14 days without giving any reason.
(b) The cancellation period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the Products.
(c) To exercise Your right of cancellation, You must inform Us (using the details set out in Clause 1.3 of these Terms and Conditions) of Your decision to cancel the Contract by a clear statement. You can do this in the following ways:
(i) The easiest way is to contact Our Customer Support by phone or email to cancel Your Contract. If You are emailing Us please include details of Your order (including order number). If You use this option, Your cancellation is effective from the date you send Us the email or call Us to cancel Your Contract. We will acknowledge receipt of such a cancellation by email.
(ii) You may also send the cancellation by post to our registered address (as set out in Clause 1.3 above). If you send us your cancellation notice by post, then Your cancellation is effective from the date you post the cancellation form or letter to us. If you use this method we will email You to confirm we have received Your cancellation.
(iii) There is also a model cancellation form for withdrawal set out in the Appendix to these Terms and Conditions which could (but does not have to) be used for cancelling Your Contract.
(d) To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired. If You send Us a notice of cancellation by post and/or return Product(s) to Us, We advise You to keep proof of postage.
(e) If You decide to cancel the Contract, We will reimburse You for all payments which We have received from You in relation to the Contract, including the cost of delivery.
(f) We may make a deduction from the reimbursement for any loss in value of the Products supplied (if the loss is the result of unnecessary handling by You).
(g) We will make the reimbursement without undue delay no later than:
(i) 14 days after the day We receive back from You the Products supplied; or
(ii) if no Products were supplied to You, 14 days after the day on which We are informed about Your decision to cancel the Contract.
(h) We will make the reimbursement for the price You paid and using the same means of payment as You used for the initial transaction. You will not incur any fees as a result of the reimbursement.
(i) If You have received the Products relating to the Contract You wish to cancel:
(i) You must send back the Products in their original packaging to Us (for the avoidance of doubt, this does not include the Volvo Dealership) or hand them over to our appointed courier (in accordance with the return instructions provided) without undue delay and in any event not later than 14 days from the day on which You communicate Your cancellation of the Contract to Us. The deadline is met if You send back the Products before the period of 14 days has expired;
(ii) We will bear the cost of returning the Products if You send back the Products using our appointed courier. You will have to bear the direct cost of delivering the Products to our appointed courier or returning the Products to Us by any other method;
(iii) You will only be liable for any diminished value of the Products resulting from damage or the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. This means that You can examine the Products as You would if You were buying them from one of Our dealerships (which includes switching them on to see how they work, if applicable) but You should not do anything more than that.
(j) Your right to cancel does not apply to Products that have been used, products that have been opened and cannot be withdrawn due to hygienic reasons (e.g. underwear or swimwear), products that have been custom-made or software products whose packaging have been opened. The Website will highlight where Your right to cancel does not apply to any Product.
(a) We must provide You with goods which comply with Your legal rights. Your legal rights include an obligation on Us to ensure the Products:
(i) are of satisfactory quality;
(ii) are fit for purpose;
(iii) match the description, sample or model.
(b) Clause 8.5(a) are only a summary of Your key legal rights. These are subject to certain exceptions. For detailed information on Your rights and what You can expect from Us (including what to do if You receive an item with a manufacturing defect or other defect), please:
(i) Contact Our Customer Support
(ii) contact Us using the contact details at Clause 1.3 above;
(iii) visit the Citizens Advice website: www.adviceguide.org.uk or call 03454 04 05
(c) Nothing in these Terms and Conditions will affect Your statutory rights.
(d) Please contact Us using the contact details at Clause 1.3 above if You e.g. want Us to repair or replace a Product because it is not of satisfactory quality or if you have a warranty claim (please see Clause 8.6 below).
Volvo Genuine Accessories and Lifestyle Collection products are covered by Our standard 12months warranty, which is valid at the time of Your purchase. Warranty claims should be made as soon as the fault is detected.
8.7 Transport damages
If You discover that there has been damage to a Product during its transport from Our warehouse, please contact Us using the contact details set out in Clause 1.3 above as soon as possible and no later than 30 days from delivery.
8.8 Events Beyond Our Control
If We are prevented from or delayed in delivering the Products to You due to circumstances beyond Our control, such as fire, war, mobilisation, strike, expropriation, exchange rate restrictions, rioting, transport restrictions, goods shortage, fuel shortage and delayed deliveries from subcontractors or producers due to the circumstances mentioned in this clause, then We will contact You as soon as possible to let You know and We will take steps to minimise the delay. Provided We do this, We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the Contract and receive a refund for any Products You have paid for but not received.
8.9 Limits on our Liability
(a) These Terms and Conditions do not exclude or limit Our liability (if any) for:
(i) death or personal injury caused by Our negligence;
(iii) fraudulent misrepresentation; or
(iv) any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.
(b) We are only liable to You for losses which You suffer as a direct result of Our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses including any damage to the Products or Your vehicle in fitting any Products which is caused by You.
(c) We are not responsible to You for any business losses that You may incur, including but not limited to lost profits, lost revenues, business interruption or lost data.
(d) You may have other rights granted by law and these Terms and Conditions do not affect these.
(a) In purchasing a Product, You represent and agree that You are buying the Products solely for Your personal use, and not for resale or commercial distribution. We reserve the right to cancel the Contract if We have reason to believe that You are not buying the Products solely for Your personal use.
(b) All Contracts will be governed by English law. We acknowledge that local mandatory laws may apply to the sale of the Products to You if the sale does not take place in England or Wales. We will at all times comply with any local mandatory laws and if there is an inconsistency between the local mandatory laws which apply to Our and Your Contract and the provisions of these Terms and Conditions, then the applicable local mandatory laws will prevail.
(c) Any court proceedings must be taken at a court within England and Wales. However, if
You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
(d) You also have the option, but are not obliged, to raise any dispute via the European online dispute resolution platform which can be accessed by clicking on the following link:
(e) You may not transfer any of Your rights under the Contract to any other person.
(f) We may transfer any of Our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
(g) Only You and Us have any rights under the Contract. No other person shall have any rights under the Contract.
(h) You may not use Our (licensed or owned) trademarks or intellectual property without Our prior written consent.
9 "PICKUP AT DEALER" ORDERS. THIS CLAUSE 9 APPLIES ONLY WHERE YOU SELECT THE DELIVERY OPTION "PICKUP AT DEALER". IF THIS OPTION IS SELECTED, WE WILL
PASS YOUR ORDER TO YOUR CHOSEN VOLVO CARS DEALER AND THE DEALER WILL MAKE THE PRODUCTS AVAILABLE FOR PURCHASE BY YOU AT ITS PREMISES, SUBJECT TO THE TERMS SET OUT IN THIS CLAUSE 9.
9.1 Your order for the Products
(a) Any contract for the supply and purchase of the Products is between You and the Volvo Cars dealer You select to supply the Products.
(b) To order Products on the Website from a Volvo Cars dealer, You will need to complete
the online order process and select the dealer from where You would like to collect the Products.
(c) Upon finalising Your order (i.e. once You have clicked on the "Submit Order” button at the end of the checkout process), We will send You an order acknowledgement email. The order acknowledgement email contains relevant details about Your order, including Your chosen dealer and a unique order ID number that should be referred to in any subsequent queries or correspondence relating to Your order. This acknowledgement email does not mean that Your order has been accepted by Your chosen dealer.
(d) We will pass Your order to Your chosen Volvo Cars dealer. The dealer will contact You within 48 hours to confirm Your order, when the Products are likely to be ready for collection and any other details relating to the Products, including any related services such as fitting the Products on Your Volvo car, that may be required ("Dealer Confirmation"). The Dealer Confirmation means that Your order has been acknowledged by Your chosen dealer but no contract has been formed between You and Your chosen dealer.
(e) We or the dealer may contact You to say that Your order is not acknowledged. This is typically for the following reasons:
(i) the Products are unavailable;
(ii) You are not allowed to buy the Products from the dealer;
(iii) The dealer is not allowed to sell the Products to You;
(iv) You have ordered too many Products; or
(v) there has been a mistake on the pricing or the description of the Products.
(f) Acceptance of Your order and the formation of the contract between You and the relevant dealer will only take place on collection of and payment for the Products in accordance with Clause 9.2 below.
9.2 Collection and Payment
(a) The Products will be delivered to Your chosen Volvo Cars dealer, where You will collect and pay for them. There is no delivery fee for this option.
(b) Where the dealer is to carry out any services for You (e.g. fitting the Product on Your vehicle) the dealer will arrange with You when these services will be carried out.
(c) You should collect Your Products or arrange for any related services to be carried out within 14 days of being contacted by Your chosen dealer ("Order Collection Window"). If You do not collect Your Products or otherwise contact the dealer to arrange for any related services to be carried out within the Order Collection Window, Your order will be automatically cancelled.
(d) On collection of Your Products or completion of any related services (if applicable), You
will need to pay Your chosen dealer for the Products and related services (if applicable). If, at the time of Your collection, the prevailing price for your Products – either in store or on the Website – is lower than the price indicated in Your order acknowledgement email, You are entitled to pay that lower price. This does not apply if the Order Collection Window has expired.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the Contract)
To: On-Line Accessories
Volvo Car UK Limited
I/We hereby give notice that I/We cancel my/our Contract for the following Products:
Reason for Return:
Name of customer(s):
Address of customer(s):
Signature of customer (only if this form is notified on paper):