Online Sales Terms & Conditions
Business Customers

Effective from: 2023-03-15
Published at: 2023-03-15

1.Welcome to Volvo Cars

1.1 These are our terms that apply to online sales of Volvo cars to business customers having a Volvo Cars fleet account (the “Terms”). Please read them carefully before you accept them and do not hesitate to contact us if anything is unclear or if you have questions in relation to your order and/or any of our cars. You will find all contact details on our FAQ.

1.2 These Terms are applicable in relation to legal entities having a Volvo Car fleet account (“Fleet Account”). The term “you” or “your” in these Terms refers to the legal entity, unless stated otherwise.

1.3 Care by Volvo is part of Volvo Car UK Limited, responsible for online sales of Volvo cars in the UK and a part of the Volvo Car Group. Our registered address is at Scandinavia House, Norreys Drive, Maidenhead, SL6 4FL (“we”, “our”, “us”). We are your contractual partner selling you the Volvo car you have configured and/or chosen online (the “Car”).

2. What We Expect From You

2.1 You are a legal entity with an official registered office address in the United Kingdom.

2.2 You confirm that all the details you have provided to us in your Car order (the “Order”) are true and correct.

2.3 You 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 Car to any such sanctioned person, or to any person located in a country or territory which is, or whose government is, the subject of comprehensive sanctions, currently 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. If at any time this turns out not to be true, your Order and your Fleet Account (including all agreements concluded through the Fleet Account, that have not yet been finally executed) may 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.

2.4 You confirm that you will not within twelve (12) months (from the Car being handed over to you) sell the Car to a third party without our prior written approval. If we have reasonable reasons to believe that you have or will breach this Section 2.4 we have the right to cancel your Order(s) and your Fleet Account (including any other agreements we have concluded) with immediate effect, without any liability to compensate you whatsoever. We also reserve the right to claim damages for any loss we might have suffered due to the breach including but not limited to any financial support we may have provided in relation to such Car.

3. Ordering a Car

3.1 The way in which you purchase a Car from us is via an online process through your Fleet Account. Please note that the individual ordering the Car has to be authorised to represent and sign on your behalf (if not, the individual may be personally accountable). We reserve the right to require proof of such authorisation before proceeding with your Order and may conduct a credit check of you to verify signatory powers.

3.2 We will have a binding contract – incorporating these Terms – with you once (and not before) we confirm to you by email that we accept your Order (“Order Confirmation”). We may in our sole discretion choose not to accept your Order. The Order Confirmation (which includes a specification of your car) and these Terms shall become the sales contract (“Contract”). In connection with the delivery of your Car, you and the Volvo retailer you choose when placing the Order (“Retailer”) shall sign a handover protocol (as set out in Section 6.2), which will include the Vehicle Identity Number (VIN) and the registration number of the Car. The handover protocol will thereafter also form a part of the Contract.

3.3 Following the Order Confirmation, we will ask you to sign the Contract electronically. This will be your document to evidence your purchase (which may be required for financing of your car). Before the Contract is signed please review the Contract and check that all information, including any potential changes made after you first placed the Order, is correct.

3.4 We reserve the right to require security from you in case you order more than one car.

3.5 Online images of cars are for illustrative purpose only and may slightly vary from your Car (for example with respect to colour and accessories). Likewise, your Car may slightly vary from any images provided in the car specification.

3.6 Your Car comes with the wheels stated in your Order Confirmation. Please note that we work with different high-quality tyre manufacturers and your Car will be equipped with tyres from one of these manufacturers. We have the right to exchange tyres that may have been communicated prior to delivery of your Car with equivalent tyres from the same or another tyre manufacturer.

3.7 We reserve the right to slightly change the specification of your Car provided if such change is insignificant and must be deemed acceptable to you.

3.8 We reserve the right to amend the specification of the Car if required by any applicable statutory or regulatory requirement, and we shall notify you in any such event.

3.9 We also reserve the right to terminate this Contract with immediate effect before you have taken delivery of your Car, if we cannot agree upon an order change of the car specification which is required due to circumstances outside our control (such as shortage of certain car parts/components) or if we become aware of an error on our webpage which affects your order and we cannot agree upon a correction.

4. Price

4.1 The price for your Car is stated online when you have logged in to your Fleet Account and is also confirmed in the Order Confirmation and in the document that is sent to you for electronic signing (the “Price”). The Price includes delivery and registration in accordance with Section 6. It also includes VAT, and the services mentioned in these Terms. We are entitled to increase the Price at any time before delivery due to any factor beyond our control (including foreign exchange fluctuations, increased interest rates, increases in taxes and duties, and increases in labour, materials and other manufacturing costs), any request by you to change the delivery date(s) or quantities or specifications of the Car ordered, or any delay caused by any of your instructions or failure by you to give us adequate or accurate information or instructions.

5. Payment

5.1 Approximately two weeks before your Car will be available for handover, we will provide you with an invoice stating the Price and the payment due date. Please note that the payment terms are ten (10) days from the date of the invoice. You will have to pay the invoice by bank transfer in full and in cleared funds from an account in your name before you take delivery of the Car. We will not proceed with the registration process (see Section 6.5) or make the Car available for handover until we have received the Price in full. In case you haven’t paid the Price in full on the payment due date we reserve the right to cancel the Contract.

5.2 Title to your Car passes to you when we have received (and cleared) the payment of the Price in full. We will, however, be fully responsible for the Car until it has been delivered to you in accordance with Section 6.

5.3 If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under Section 15, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Section will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

5.4 All amounts due under this Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6. Delivery, Handover and Registration

6.1 Your Car will be delivered to your chosen Retailer. The estimated delivery time for your Car (i.e. the date when the car is available for handover by your chosen Retailer) will be displayed online before you place your Order. We will also send a separate e-mail to you (and the person you have appointed for handover of the Car) with the estimated delivery time for your Car and you will be able to follow the status of your Order online. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Closer to the actual delivery of your Car, the Retailer will reach out to the person you have appointed for handover of the Car to agree on the exact delivery date. Please note that delivery times are dependent on whether we have the car of your choice in stock or whether your Order is for a car that has yet to be built.

6.2 The Car will be handed over by the Retailer to (i) the person appointed in the Order as the person receiving the Car, (ii) a person authorised to sign on your behalf e.g. a statutory director (we reserve the right to require proof of such authorisation before releasing the Car), or (iii) a person authorised through a duly signed power of attorney. Before the Car will be handed over to you:   

• you have fully paid the Price in accordance with Section 5.1;

• the person receiving the Car has shown us his or her valid driving licence and, if requested, let us make a copy of it;

• the person receiving the Car is entitled to sign on your behalf e.g. a statutory director (we reserve the right to require proof of such authorisation before releasing the Car) or presents (i) a duly signed power of attorney from you and (ii) the passport or national ID-card (or a certified copy thereof) of the individual who has signed the power of attorney on behalf of you; and

• the person receiving the Car has signed the handover protocol.

6.3 Once we handed over the Car to you, in accordance with section 6.2, the Car will be deemed delivered to you (the “Time of Delivery”) and the risk of the Car will be legally transferred to you.

6.4 In the event we are unable to agree upon a delivery date with you within fourteen (14) days from the date our Retailer first tries to contact you for this purpose, or you fail to arrange the handover of your Car on an agreed delivery date, you will be required to pay an additional charge of £20 (excluding VAT) per day.

6.5 If we fail to deliver the Car, 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 Car.

6.6 We will duly register your Car in the national vehicle register.

7. Changes and Cancellations

7.1 If you want to change or cancel your Order, please contact our Customer Relation Centre as soon as possible after you have placed the Order. You may change or cancel your Order at any time up to the period five (5) business days after we electronically send you the Contract for signing. Please note that changes may have an impact on the delivery time and the price of the Car. We will not be able to offer you discounts on changes that you make. In the event you make a change to your Order, your Contract will be updated and will supersede the Order Confirmation.  

8. Owner’s manual

Please note that the Owner’s Manual for your Car is accessible here - https://www.volvocars.com/uk/support and via the Car’s centre stack display. It explains the operation of your Car including applicable settings, features and hardware. You will also obtain a printed summary of your Owner’s Manual at the time of delivery.

9. Volvo Warranty

Your Car comes with the warranties set out here -https://www.volvocars.com/uk/l/volvo-warranty/ (“Volvo Warranty”). The Volvo Warranty is also described in the warranty manual that comes with the Car. Please note that you need to follow the scheduled service plan for your Car to benefit from the Volvo Warranty.

10. Car Service

In case your Car is a fully electric car, a service programme (applicable for the 60,000 miles or three (3) years from the date of delivery, whichever comes first) is included in the price and is further described in Appendix 1. Please note that you need to follow the scheduled service plan for your Car to benefit from the Volvo Warranty.

11. Roadside Assistance

Your Car comes with our roadside assistance service which will provide assistance in case your Car breaks down on the road. A full description of the services included in the Price and the terms is available here -  https://www.volvocars.com/uk/own/maintenance/volvo-assistance

12. Digital Service Package

12.1 Your Car comes with a time limited digital service package which is further described in your car specification. The initial subscription term for the digital services is set out in your car specification and is included in the purchase price for your Car. The digital services are governed by separate Volvo Cars Terms of Services that you can find here - https://www.volvocars.com/uk/legal/terms/terms-services and in the Volvo Cars app. Please note that to activate and get access to some digital services that are being provided by a third-party service provider (that is not an entity within Volvo Car Group) you will have to separately accept the terms and conditions of such third party.

12.2 After the initial subscription period has ended, you will be offered to prolong or renew the digital services in your Car as a separate subscription, for which you will need to pay ongoing subscription fees, if you wish to continue using them. If you choose not to prolong or renew the digital services they will be turned off. This may also affect the functionality of other car applications and third party services and applications. You will however still be able to use the smartphone integration in the Car, FM radio and connect your mobile phone via Bluetooth. Other services will continue to run, if you do not renew the digital services, such as software updates, connected safety features, emergency call, breakdown call services etc. 

12.3 Your digital services package comes with internet access services to enable you to fully enjoy the use of your Car. Please note that we apply a fair data usage policy (that you can find in the owners-manual of your Car) in terms of data consumption. We reserve the right to suspend or limit your access to or use of such internet access services if your data usage is very high and disproportionate in relation to other users. This may affect the performance of the digital services. The legitimate use of the internet access services for this purpose will not breach our fair usage policy, however, you must not use the internet access services in an excessive or unreasonable manner.

13. Volvo ID

In order to access or use certain digital/connected services in relation your Car you or the main driver of the Car will need a Volvo ID, which you can obtain online unless you already have one. The Volvo ID and the digital/connected services are governed by the General Terms and Conditions for Services https://www.volvocars.com/uk/legal/terms/terms-services

14.Our Liability

14.1 In case your Car should be defective you acknowledge and accept that this Contract, including the Volvo Warranty, exclusively regulates your rights and our liability.

14.2 Any non-conformity shall be notified to our Customer Relation Centre in writing via e-mail as soon as possible after the non-conformity was discovered or should have been discovered. If you do not notify us within this period, you will lose your right to make a claim against us for lack of conformity under your Contract. Any claim and/or damage that is not covered by the Volvo Warranty shall be directed to us within one year after the Time of Delivery.

14.3 Where any valid claim in respect of the Car (which is based on any defect in the quality or condition of the Car or our failure to meet the specification) is notified to us in accordance with Section 14.2, we shall be entitled at our sole discretion either (i) replace or repair the Car (or the part in question) free of charge, (ii) refund a proportionate part of the Price equal to the defect, or (iii) take back the Car and refund the Price in full, but we shall have no further liability to you. These Terms shall apply to any repaired or replacement Car.

14.4 Subject to the terms of this Section, we are only liable to you for direct losses which you suffer as a direct result of our breach of this Contract and which are reasonably foreseeable. We are not liable for any indirect or consequential losses, loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings and loss of or damage to goodwill.

14.5 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 (such as (but not limited to) war, natural disasters, pandemics and lock-downs). We always strive to keep delivery times as short as possible, but please note that circumstances beyond our reasonable control may cause delays compared to the estimated delivery times earlier communicated from us, e.g. a force majeure event at one of our subcontractors.

14.6 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 illegal for us to exclude or attempt to exclude our liability.

14.7 Our aggregate liability for payment of damages under any Contract is in any event limited to fifty percent (50%) of the Price for the Car(s) purchased under the relevant Contract.

14.8 This Section 14 shall survive termination of the Contract.

15. Termination

15.1 Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving you written notice if:

• you commit a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing to do so;

• you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

• you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;

• your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of the Contract is in jeopardy.

15.2 Without limiting our other rights or remedies, we may suspend provision of the Car under the Contract or any other contract between us and you if you become subject to any of the events listed in Section 15.1, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.

15.3 Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving you written notice if you fail to pay any amount due under the Contract on the due date for payment.

15.4 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

15.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

16. Other General Things You Need to Know

16.1 These Terms apply to this Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

16.2 Any declarations or notifications you or we make under our Contract – for example, to cancel an order, to change any terms of our Contract, or to terminate our Contract – will only be effective if made by email or otherwise in writing. Oral statements or agreements are not sufficient, unless we have confirmed them by email or otherwise in writing.

16.3 We are responsible for the personal data processed in connection with the purchase of the Car. All processing will take place in accordance with applicable legislation concerning the processing of personal data as well as Volvo Cars’ Customer Privacy Policy -https://www.volvocars.com/uk/legal/privacy/privacy-customer-privacy-policy/. You are responsible for informing the individuals representing you (either as administrating an order or as a driver of the Car) about how we will process personal data.

16.4 We may assign or transfer any of our rights and obligations under this Contract to another company within the Volvo Car Group. We will let you know if this happens and make sure that the transfer will not reduce your contractual rights. You may only assign or transfer your Contract (or any rights or obligations under our Contract) to another person if we consent to this in writing.

16.5 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

16.6 Any waiver by us or you of any breach of the terms of this 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 or 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.

16.7 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. This Contract is for the benefit of you and Volvo Car UK Limited, and no term of the Contract will be enforceable by any other person that is not a party to it including any enforcement through the Contracts (Rights of Third Parties) Act 1999.

16.8 No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

16.9 The Volvo Car Group has adopted a Code of Conduct for Business Partners, available at https://group.volvocars.com/sustainability. We expect you to be governed by the same or similar principles as those set out in the Code of Conduct for Business Partners.

16.10 The laws of England and Wales shall govern this Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation. In the case of a dispute, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation, unless: (i) you live in Scotland, in which case you can bring legal proceedings in respect of the products in the courts of either Scotland or England and Wales; or (ii) you live in Northern Ireland, in which case you can bring legal proceedings in respect of the products in the courts of either Northern Ireland or England and Wales.

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Appendix 1 - Service Program (Valid only for fully electric cars)

This document describes the products and services that are included in the service maintenance and wear and tear for your car (“Service Program”).

Volvo Car Genuine Service

• Maintenance service according to service program^*

• Air filter replacement

• Tyre sealant replacement

• Windscreen cleaning (sensors)

• Software updates

Wear and Tear

• Wiper blades replacement, once per year

• Brake discs and brake pads replacement, in accordance to specified requirements

Specific Conditions

The Service Program is applicable for 60,000 miles or three (3) years from the date of delivery, whichever comes first.

The Volvo Car Genuine Service may be amended by Volvo Cars, provided any amendment will not impact the application of the Volvo Cars warranty for your vehicle.

Exclusions:

• Volvo cars with special service programs for taxi, police or other specified purposes of usage are not covered by this Service Program.

• Any wear & tear items not stated above are excluded.

The inclusion of wear and tear items in the Service Program does not impact the reference to ‘wear and tear’ in the Warranty and Service book.

The Service Program is subject to the General Service Program Terms and Conditions as set out below.

* For more information about the details of the Service Program contact the Customer Relation Centre.
 

General Service Program Terms and Conditions

1. Application of Terms

These General Service Program Terms and Conditions (“Service Terms”) are valid for new Volvo cars. The Service Terms are applicable only to the specific car you have purchased and forms part of the contract for sale and purchase of the car.

2. Period of Service Program etc.

a)   These Service Terms are valid for the limited period set out in the Specific Conditions for the Service Program. When all required work has been performed or the limited period has ended the Service Program is terminated. The Service Program is also considered terminated when services should have occurred in accordance with the service intervals (stated in the owner’s manual and service and warranty handbook of the car) and you have not delivered the car to a Volvo authorised repairer for Volvo Car Genuine Service.

b)   The Service Program is connected to the market in which it is originally sold. Scheduled maintenance service according to the Service Program can be invoked optionally at any Volvo Car authorised repairer within that market.

c)   Volvo Cars has the right to terminate the Service Program with immediate effect if the conditions for Volvo Cars’ operations in the market change significantly due to circumstances outside of Volvo Cars’ control and these circumstances significantly complicate Volvo Cars’ ability to perform the Service Program. The Parties have the right to terminate Service Program with immediate effect if the other party performs a severe or repeated breach of its obligations under these Service Terms.

3. Your obligations

The service shall be carried out according to Volvo Cars’ recommendations. Scheduled maintenance service is depending on time and annual mileage and can occur with different time intervals. For the Service Program to be valid it is further required that you:

a)   Drive, maintain and manage the car in accordance with the instructions given in the owner’s manual of the car as well as its service and warranty handbook.

b)   Conduct routine checks of fluids in the car between recommended service intervals and, if needed, fill up at your own expense.

c)   Deliver, at own expense, the car to a Volvo authorised repairer for service at the service intervals stated in the owner’s manual and service and warranty handbook of the car.

4. Transferring the Service Program

If you sell or otherwise transfer the car to a new owner, the Service Program follows the car. Any remaining service in the Service Program can then be used by the new owner according to these Service Terms.

5. Disclaimer

Please note that not all wear and tear components are included in the Service Program.

This Service Program does not include any obligation of the authorised repairer or Volvo Cars to reimburse you in any way for costs, loss of income, loss of time or other damage, caused by you turning the car over to the repairer or caused by you being unable to use the car during the time it has been in the care of the repairer for agreed scheduled maintenance.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded restricted.

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Volvo Car UK Limited, is incorporated in England and Wales under company number 02281044. Registered office, Scandinavia House, Norreys Drive, Maidenhead, Berkshire, SL6 4FL. Authorised and regulated by the Financial Conduct Authority, FRN 678616.