This page sets out the terms and conditions (“Terms”) on which you are able (subject to availability) to make an online reservation (“Reservation”) for a new Volvo vehicle.
Please note that these Terms only apply to the Reservation and do not apply to the lease of a new Volvo from VCFS Auto Leasing Company (“VCFS”). The terms on which you lease the car from VCFS will be set out in separate terms and conditions on a motor vehicle lease agreement once your applications for insurance and credit have been approved. Care by Volvo offer is subject to credit approval by VCFS and insurance approval by Liberty Mutual. These applications must be submitted no earlier than 30 days prior to the scheduled delivery of the vehicle.
Please read these Terms carefully and make sure that you understand them. By ticking the box confirming your acceptance of these Terms you agree to be bound by them. If you refuse to accept these Terms, you will not be able to make the Reservation. You should print a copy of these Terms or save them to your computer for future reference.
1. INFORMATION ABOUT US
We operate the website www.volvocars.com/us. We are Volvo Car USA LLC, a Delaware corporation with our principal place of business at 1 Volvo Drive, Rockleigh, New Jersey, 07647, USA.
2. ELIGIBILITY AND START DATE
2.1 The opportunity to reserve a new Volvo online is only open to US consumers. It is not open to corporate customers.
2.2 Your rights attaching to the Reservation are personal to you and may not be transferred to anyone else.
2.3 You will be able to reserve a new Volvo online from November 29th 2017 until we remove this option from our website.
3. HOW TO MAKE AN ONLINE RESERVATION FOR A NEW VOLVO
3.1 You can make a Reservation by:
(a) completing the online process; and
(b) paying a refundable $500 deposit at the time of the Reservation (“Deposit”).
3.2 Our online process will guide you through the steps you need to take. That process allows you to check and amend any errors before making the Reservation. Please take the time to read and check your Reservation at each page of the process.
3.3 After you make your Reservation, we will send you an email acknowledging that we have received your Reservation and confirming that it has been accepted (“Reservation Confirmation”). Each Reservation Confirmation will have its own, unique reservation number.
3.4 If you do not receive the Reservation Confirmation within 2 hours of completing the online process, please contact our Volvo Customer Care Center (see clause 6).
3.5 After receiving your Reservation Confirmation, we will then place the order for your new Volvo on your behalf with your chosen Dealer. Please note that it might not be possible to change the specification of your Volvo after we have sent you the Reservation Confirmation.
4. THE DEPOSIT
4.1 We will collect your Deposit, and if you choose to proceed with vehicle delivery following receipt of the requisite insurance and credit approvals, we will pass the Deposit to the Dealer, and they will apply the Deposit against the first Care by Volvo monthly lease payment payable by you to the Dealer.
4.2 The Deposit is payable by credit card. We use Digital River World Payments (“DRWP”) for internet payment services. You agree to DRWP handling the payment transaction, your card details and any other information necessary for such payment transaction to be executed by DRWP (including but not limited to fraud prevention). DRWP is certified by banks and card acquirers to securely manage payment transactions. All communication between our website and your bank is handled by DRWP and encrypted via SSL (Secure Sockets Layer).
4.3 You are responsible for verifying that the payment transaction has been successfully completed. The Reservation will only be processed after the payment transaction for the Deposit is completed.
4.4 The Deposit is refundable if you decide (before delivery) not to proceed with the Care by Volvo lease of your new Volvo. The Deposit is also refundable if you for any reason are not approved for credit by VCFS or approved for insurance by Liberty Mutual.
5. COMPLETING YOUR NEW VOLVO ORDER
5.1 After the Reservation Confirmation has been sent, a Volvo representative will contact you as soon as possible (no later than 7 days from that confirmation) to discuss further details. Additionally the Volvo representative will email you a secure link to Liberty Mutual for the purpose of applying for Care by Volvo property and casualty insurance, subject to approval by Liberty Mutual. Once that step is completed, you will be e-mailed a secure link to VCFS to apply for credit using VCFS’ online credit application.
5.2 Once you have been approved for insurance and credit, we will let you know when your new Volvo will be available for collection or delivery (“Available Delivery Date”).
5.3 To complete the Care by Volvo lease you will need to enter into a Care by Volvo lease agreement with VCFS at your selected dealer on or before delivery.
5.4 The Care by Volvo monthly lease payment shown on our website is determined by VCFS. Please note that your monthly Care by Volvo lease payment will be increased by the amount of any state or local sales tax and any local government fees.
5.5 If you do not take delivery of your new Volvo within 2 weeks of the Available Delivery Date:
(a) your Reservation will lapse; and
(b) the Deposit will be refunded to you.
6. CUSTOMER SERVICE
If you wish to contact us for any other reason, you can do so by telephoning our Volvo Customer Care Center on 1-800-550-5658.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms as they apply to the Reservation from time to time to reflect changes in relevant laws and regulatory requirements.
7.2 If we have to revise these Terms as they apply to your Reservation, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Reservation.
8. YOUR RIGHTS TO CANCEL YOUR RESERVATION AND RECEIVE A REFUND
8.1 You may cancel your Reservation at any time before you take delivery of your new Volvo. This means that during that period if you decide for any other reason that you do not want to proceed with the Reservation, you can notify us of your decision to cancel the Reservation and receive a refund of the Deposit.
8.2 If you cancel your Reservation your Deposit will be refunded on the credit card used by you to pay.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An “Event Outside Our Control” is any act or event beyond our reasonable control.
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9.3 You may cancel the Reservation if it is affected by an Event Outside Our Control. To cancel please contact us and we will refund the Deposit.
10. HOW WE USE YOUR PERSONAL INFORMATION
10.2 You acknowledge that your personal data is processed not only by us but also by our dealers as well as Volvo Car Corporation, a Swedish company with registration number 556074-3089, with the address 405 31 Gothenburg, Sweden and its affiliates. Unless you agree to be contacted by us for any other reason, your personal data will only be processed in order for us to fulfil our obligations in relation to these Terms (which, for avoidance of doubt, will still include a transfer of meaning for example that your personal data will be transferred to our affiliates, local dealers, DRWP and potential other business commercial partners of ours processing data on our behalf). You also acknowledge that we, Volvo Car Corporation and such affiliates and dealers and partners may conduct their processing of your personal data outside the US in countries other than your country, and for such reasons may transfer your personal data to Sweden and such other countries, including but not limited to transfers of your personal data into and out of the European Economic Area (EEA) and processing thereof within as well as outside of the EEA.
10.3 You agree that Volvo Car USA LLC, VCFS and the Dealer and their respective representatives and affiliates, may contact you at the telephone number(s) provided. This may include calls and text messages to mobile, cellular or similar wireless devices, using automatic telephone dialing systems and/or prerecorded messages. By providing your email address, you agree to receive email updates from Volvo Car USA, VCFS and Dealer about your Reservation, Care by Volvo and the credit and insurance application processes.
11. USE OF OUR SITE
Your use of our website is also governed by the other terms and conditions on the site including “Privacy”, “Legal” and “Cookies”. Please take the time to read these, as they include important terms which apply to you.
If we have to contact you or give you notice in writing, you agree that we may contact you by e-mail or by pre-paid post to the address you provide to us in the Reservation .
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
13.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.4 This is not the agreement to lease the vehicle to you. That agreement will be evidenced by the Care by Volvo Lease agreement mentioned above, which is conditioned upon, among other things, your eligibility for credit as determined by VCFS, and your eligibility for insurance, as determined by Liberty Mutual.
Unless otherwise required by law, these Terms and the agreement constituted by your acceptance here of, are subject to the laws of the State of New Jersey. The exclusive venue, for all claims arising from or related to these Terms, shall, unless otherwise required by law be submitted to the exclusive jurisdiction of the State or Federal Courts of New Jersey.