YOUR CARE BY VOLVO SUBSCRIPTION. 1. WE ARE CARE BY VOLVO We are Care by Volvo Car UK Limited, 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 offering and operating your Care by Volvo subscription and services. You can contact us through our Customer Relations Centre; our contact details are xxxxxxxxxxx-xx@xxxxxxxxx.xxx / 0800 0318065. 2. HOW YOU SUBSCRIBE Subscribing to Care by Volvo is an online process through Volvo Cars’ digital channels. To subscribe you must be a UK resident. To complete your subscription order, you will need to fill in all required information on Volvo Cars’ digital channels, confirm that you have read these Terms (which you will do online before you can place your order) and sign the Hire Agreement. Upon the submission of your completed subscription order, we will send you an email (i) confirming receipt of your order and (ii) attach a copy of the Hire Agreement for you to review and sign before returning it to us. If you are unable to sign and return the Hire Agreement within a week your order may be cancelled (in which case you will need to resubmit your order). Once (and not before) we have received your signed Hire Agreement we will have a binding contract – incorporating these Terms – with you. We may in our sole discretion choose not to accept your subscription order if, for example, the results of your credit check and ID verification do not meet our minimum requirements. Upon such confirmation and acceptance, the subscription order, the Hire Agreement, these Terms and the handover protocol (as signed in accordance with section 10.2) shall become the subscription contract (“Contract”). 3. WHAT AND HOW YOU PAY Your monthly subscription fee covers the provision of your car and all other services included in your Care by Volvo subscription. Insurance, fuel, and other regular consumables (for example washer fluid and Adblue), as well as toll or congestion charges are not included. With regards to insurance costs, please see section 13. In certain events or for certain additional services you may have to pay additional charges – these charges are described in Appendix 1. You will pay your subscription fees and other charges by Direct Debit (we will request your bank details to set the Direct Debit up and send you a copy of the Direct Debit mandate for your records). Please make sure to renew the mandate if your bank details change. It is important that you ensure, on a monthly basis, that the balance on your bank account covers the subscription amount including possible additional charges payable during your subscription, such as fines and charges, in accordance with Appendix 1 (we will let you know in advance of the payment date if any such charges apply). The first month’s payment will be taken following acceptance of your subscription order (the “Prepayment”). The Prepayment is equal to your normal monthly subscription fee. The first and second monthly payments will be taken on a pro-rated basis depending on when you take delivery of the car. Further information on how the first and second payments are calculated can be found in our FAQ - xxxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faq/. In the event we are unable to take your Prepayment, we reserve the right to terminate your subscription order. Details of your monthly subscription payments are confirmed in the Hire Agreement. You will pay the subscription fees monthly in advance on the first working day of each month. Any additional charges or fines will be settled monthly in arrears (usually together with the subscription fee for the upcoming month). If you take delivery of your car in the last few days of the month, please note that your first and second monthly payments will be taken at a later date as detailed in our FAQ - xxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faq. 4. VOLVO ID In order to access your subscription and other services through the 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 is administered by the Volvo Car Group, so it is not governed by these Terms. It is instead governed by separate terms and conditions which can be found here - xxxxx://xxx.xxxxxxxxx.xxx/uk/support/topics/legal-documents/terms- and-conditions/volvo-cars-terms-of-services. 5. YOUR SUBSCRIPTION Your subscription will start on the date you take delivery of your first car. Unless you have signed up for a subscription with a fixed term (as stated in your order confirmation), you may, terminate your subscription whenever you want after you have taken delivery of your car, provided you notify us at least three months in advance. For the avoidance of doubt, your subscription will continue during the three months’ termination notice period, and so you will be required to pay the subscription fee, and any other applicable additional charges listed in Appendix 1 during this period. In the event you have not signed up for a subscription with a fixed term (as stated in your confirmation), your subscription will run for five years unless you switch your car (as described in section 9), in which case your subscription will continue for another five years from the date the switch takes effect (i.e. the date you receive your new car), or we agree otherwise. You may withdraw your subscription order until you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment to you. In the event you have signed up for a subscription car that comes with a trial period (as stated in your order confirmation and only applicable for new customers), you may terminate your subscription at any time within 30 days from taking delivery of the car (the “Trial Period”). However, we will keep the Prepayment. If you would like to terminate your subscription during the Trial Period, you need to let us know during the Trial Period and schedule a return of the car with the Customer Relations Centre using the contact details in section 1.2. If you terminate within the Trial Period, but the car is returned to us after the end of the Trial Period, you will have to pay your subscription fee for each extra day of usage following the end of the Trial Period calculated on a monthly pro-rata basis, unless we are responsible for the delayed return (for example, by not offering you a return time within the Trial Period). You will also be charged additional mileage costs for miles covered over the pro-rata mileage amount of the annual mileage agreed in the Contract. Your rights to withdraw or cancel your subscription as set out in this section 5 are in addition to any other rights to terminate the Contract (for instance if we commit a serious breach of the Contract, or if you choose to terminate in accordance with section 6.2). If you materially breach the terms of the Contract, for example, you do not hold valid insurance as set out in section 13, or act illegally in a way that we cannot reasonably be expected to continue the provision of our services to you we may terminate this Contract with immediate effect and claim any damages, losses or expenses. This may be the case, for example, if you fail to pay us despite our warnings (we reserve the right to refer unpaid invoice(s) to our business partner if payment has not been received within 30 days of your payment being due) or if you materially violate the do’s and don'ts regarding the use of the car in section 12. We may also terminate this Contract if, before you have taken delivery of your Car, we have become aware of new information that your credit worthiness has deteriorated compared to your initial credit check. If this Contract ends in accordance with section 5.8 you shall, without delay, return your Car to us. In case you don’t, we may – ourselves or through one of our business partners – immediately take back the Car. If the Contract ends in accordance with section 5.8 you will be required to pay any outstanding payments and (i) in the event your subscription doesn’t have a fixed term, an amount corresponding to three months’ subscription fees or (ii) in the event you have signed up for a contract with a fixed term, a percentage of the remaining subscription fees as if you had terminated the Contract yourself according to section 5.3. You may also be required to compensate us for any losses that we have suffered due to the cancellation of your Contract, such as costs related to repossession of the Car and debt collection. It is your responsibility to keep the contact details we hold on you up to date. Please contact our Customer Relations Centre, using the contact details in section 1.2, if you change your residential address, phone number or email address.
Appears in 1 contract
Samples: Care by Volvo Terms and Conditions
YOUR CARE BY VOLVO SUBSCRIPTION. 1. WE ARE CARE BY VOLVO We are Care by Volvo Car UK Limited, 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 offering and operating your Care by Volvo subscription and services. You can contact us through our Customer Relations Centre; our contact details are xxxxxxxxxxx-xx@xxxxxxxxx.xxx / 0800 0318065.
2. HOW YOU SUBSCRIBE Subscribing to Care by Volvo is an online process through Volvo Cars’ digital channels. To subscribe you must (i) be a UK resident, and (ii) hold a valid full UK driving licence or any other kind of driving-license acceptable in the UK which allows you to drive cars without supervision. To complete your subscription order, you will need to fill in all required information on the Volvo Cars’ digital channelsCars website, confirm that you have read these Terms (which you will do online before you can place your order) and sign the Hire Agreement. Upon the submission of your completed subscription order, we will send you an email (i) confirming receipt of your order and (ii) attach a copy of the Hire Agreement for you to review and sign before returning it to us. If you are unable to sign and return the Hire Agreement within a week your order may be cancelled (in which case you will need to resubmit your order). Once (and not before) we have received your signed Hire Agreement we will have a binding contract – incorporating these Terms – with you. We may in our sole discretion choose not to accept your subscription order if, for example, the results of your credit check and ID verification do not meet our minimum requirements. Upon such confirmation and acceptance, the subscription order, the Hire Agreement, and these Terms and the handover protocol (as signed in accordance with section 10.2) shall become the subscription contract (“Contract”).
3. WHAT AND HOW YOU PAY Your monthly subscription fee covers the provision of your car and all other services included in your Care by Volvo subscription. Insurance, fuel, and other regular consumables (for example washer fluid and Adblue), as well as toll or congestion charges are not included. With regards to insurance costs, please see section 13. In certain events or for certain additional services you may have to pay additional charges – these charges are described in Appendix 1. You will pay your subscription fees and other charges by Direct Debit (we will request your bank details to set the Direct Debit up and send you a copy of the Direct Debit mandate for your records). Please make sure to renew the mandate if your bank details change. It is important that you ensure, on a monthly basis, that the balance on your bank account covers the subscription amount including possible additional charges payable during your subscription, such as fines and charges, in accordance with Appendix 1 (we will let you know in advance of the payment date if any such charges apply). The first month’s payment will be taken following acceptance of your subscription order (the “Prepayment”). The Prepayment is equal to your normal monthly subscription fee. The first and second monthly payments will be taken on a pro-rated basis depending on when you take delivery of the car. Further information on how the first and second monthly payments are calculated can be found in our FAQ - xxxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faq/. FAQ. In the event we are unable to take your Prepayment, we reserve the right to terminate your subscription order. Details of your monthly subscription payments are confirmed in the Hire Agreement. You will pay the subscription fees monthly in advance on the first working day of each month. Any additional charges or fines will be settled monthly in arrears (usually together with the subscription fee for the upcoming month). If you take delivery of your car in the last few days of the month, please note that your first and second monthly payments will be taken at a later date as detailed in our FAQ - xxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faqFAQ.
4. VOLVO ID In order to access your subscription and other services through the 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 is administered by the Volvo Car Group, so it is not governed by these Terms. It is instead governed by separate terms and conditions which can be found here - xxxxx://xxx.xxxxxxxxx.xxx/uk/support/topics/legal-documents/terms- and-conditions/volvo-cars-terms-of-serviceshere.
5. YOUR SUBSCRIPTION Your subscription will start on the date you take delivery of your first car. Unless You may withdraw your subscription order or terminate your subscription in accordance with the following:
(a) Within 14 days after you have signed up for a the Hire Agreement you may – provided that you haven’t taken delivery of your first car – withdraw your subscription order with immediate effect. In this case, there will be no charges, and we will return the Prepayment to you.
(b) Your subscription comes with a fixed term (as stated in 30 day trial period. This means that once your order confirmation)first car has been delivered, you maymay terminate your subscription at any time within your 30 day trial period. However, we will keep the Prepayment. If you would like to terminate your subscription during the trial period, you need to let us know within 30 days of the start of your subscription and schedule a return of the car with the Customer Relations Centre (using the contact details in section 1.2). If you terminate within the 30 day period, but the car is returned to us after the end of this period, you will have to pay your subscription fee for each extra day of usage following the end of the trial period calculated on a monthly pro-rata basis, unless we are responsible for the delayed return (for example, by not offering you a return time within the 30 day period).
(c) After your 30 day trial period, you may terminate your subscription whenever you want after you have taken delivery of your carwant, provided you notify us at least three months in advance. For the avoidance of doubt, your subscription will continue during the three months’ termination notice period, period and so you will be required to pay the subscription fee, fee and any other applicable additional charges listed in Appendix 1 during this period. In These rights to withdraw or cancel your subscription are in addition to any other rights to terminate the event Contract (for instance if we commit a serious breach of the Contract, or if you have not signed up for a subscription choose to terminate in accordance with a fixed term (as stated in your confirmationsection 6.2), your . Your subscription will run for five years unless you switch your car (as described in section 9), in which case your subscription will continue for another five years from the date the switch takes effect (i.e. the date you receive your new car), or we agree otherwise. You may withdraw your subscription order until you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment to you. In the event you have signed up for a subscription car that comes with a trial period (as stated in your order confirmation and only applicable for new customers), you may terminate your subscription at any time within 30 days from taking delivery of the car (the “Trial Period”). However, we will keep the Prepayment. If you would like to terminate your subscription during the Trial Period, you need to let us know during the Trial Period and schedule a return of the car with the Customer Relations Centre using the contact details in section 1.2. If you terminate within the Trial Period, but the car is returned to us after the end of the Trial Period, you will have to pay your subscription fee for each extra day of usage following the end of the Trial Period calculated on a monthly pro-rata basis, unless we are responsible for the delayed return (for example, by not offering you a return time within the Trial Period). You will also be charged additional mileage costs for miles covered over the pro-rata mileage amount of the annual mileage agreed in the Contract. Your rights to withdraw or cancel your subscription as set out in this section 5 are in addition to any other rights to terminate the Contract (for instance if we commit a serious breach of the Contract, or if you choose to terminate in accordance with section 6.2). If you materially breach the terms of the this Contract, for example, you do not hold valid insurance as set out in section 13, or act illegally in a way that we cannot reasonably be expected to continue the provision of our services to you we may terminate this Contract with immediate effect and claim any damages, losses loss or expenses. This may be the case, for example, if you fail to pay us despite our warnings (we reserve the right to refer unpaid invoice(s) to our business partner if payment has not been received within 30 days of your payment being due) or if you materially violate the do’s and don'ts regarding the use of the car in section 12. We may also terminate this Contract if, before you have taken delivery of your Car, we have become aware of new information that your credit worthiness has deteriorated compared to your initial credit check. If this Contract ends in accordance with section 5.8 you shall, without delay, return your Car to us. In case you don’t5.5, we may – ourselves or through one of our business partners – immediately take back the Car. If the Contract ends in accordance with section 5.8 you will be required to pay car and collect any outstanding payments and from you (i) in the event your subscription doesn’t have a fixed term, an amount corresponding to three months’ including subscription fees or (ii) in for the event you have signed up for a contract with a fixed term, a percentage of the remaining subscription fees as if you had terminated the Contract yourself according to section 5.3three month termination notice period). You may also be required to compensate us for any losses that we have suffered due pay administration costs related to the cancellation of your Contract, such as costs related to repossession of the Car and Contract and/or debt collection. In such a case, we will not refund any subscription fees to you. It is your responsibility to keep the contact details we hold on you up to date. Please contact our Customer Relations Centre, using the contact details in section 1.2, if you change your residential address, phone number or email address.
6. OTHER GENERAL THINGS YOU NEED TO KNOW We are responsible for the personal data processed in connection with your subscription. All processing will take place in accordance with applicable legislation concerning the processing of personal data as well as our Information Notice. We may change the terms in this Contract (and also the other documents referred to herein) as well as your monthly subscription fee (for example if the relevant tax rules change) as follows: • at any time if the changes are essentially to your advantage. This may be the case, for example, if we add further service offers to your Care by Volvo subscription – you may then choose to use such new services subject to certain terms which we will add in Part 3 below. We will tell you in advance if this happens; • at any time if the changes are to reflect changes in relevant laws and regulatory requirements or implement minor changes to your subscription and/or the services. We will tell you in advance if this happens; and • in all other cases, by informing you at least 3 months in advance of the date from which the changes shall apply to this Contract. If you don't tell us otherwise by that date, we will assume that you accept the changes (but don't worry, we will remind you of this when we inform you about the intended changes). If you do not accept the changes, you may terminate this Contract as of the effective date of the changes. You will receive a refund of any subscription fees paid in relation to the period after the date you returned your car to us. We may transfer 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. The laws of England and Wales govern this Contract. In the case of a dispute, you (or we) can bring legal proceedings in the competent English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. 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. If you are not happy with the way that we deal with your complaint in relation to the Hire Agreement or insurance, you may be able to refer your complaint to the Financial Ombudsman Service by writing to Financial Ombudsman Service, Exchange Tower, London E14 9SR, calling 0000 000 0 000 or 0000 000 0 000 or sending an email to xxxxxxxxx.xxxx@xxxxxxxxx-xxxxxxxxx.xxx.xx Please note that we comply with the BVRLA Codes of Conduct. These Codes of Conduct set out the standards that all BVRLA members must adhere to and provide you with the reassurance that we are a company committed to delivering the highest industry standards. 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. For further information, please see here. 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. This Contract is for the benefit of you and Care by 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. 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.
Appears in 1 contract
Samples: Care by Volvo Terms and Conditions
YOUR CARE BY VOLVO SUBSCRIPTION. 1. WE ARE CARE BY VOLVO We are Care by Volvo Car UK Limited, 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 offering and operating your Care by Volvo subscription and services. You can contact us through our Customer Relations Centre; our contact details are xxxxxxxxxxx-xx@xxxxxxxxx.xxx / 0800 03180650318065.
2. WHAT WE EXPECT FROM YOU You confirm that you are an individual above the age of 18 and resident in the UK. You confirm that all the details you provide to us in your subscription order are true and correct. We may seek proof of your address as part of your initial application. 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, or the so-called Luhansk People’s Republic. If at any time this turns out not to be true, your Order 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.
23. HOW YOU SUBSCRIBE Subscribing to Care by Volvo is an online process through Volvo Cars’ digital channels. To subscribe you must be a UK resident. To complete your subscription order, you will need to fill in all required information on Volvo Cars’ digital channels, confirm that you have read these Terms (which you will do online before you can place your order) and sign the document headed ‘Hire AgreementAgreement regulated by the Consumer Credit Act 1974’. We may ask you for additional information during the creditworthiness and affordability check. If you are unable to provide us with this information within five days, your order may be cancelled. Upon the submission of your completed subscription order, we will send you an email (i) confirming receipt of your order and (ii) attach a copy of the Hire Agreement which includes these Terms for you to review and sign before returning it to us. If you are unable to sign and return the Hire Agreement within a week three working days your order may be cancelled (in which case you will need to resubmit your order). Once (and not before) we have received your signed Hire Agreement we will have a binding contract – incorporating these Terms – with you. We may in our sole discretion choose not to accept your subscription order if, for example, the results of your credit check and ID verification do not meet our minimum requirements. Upon such confirmation and acceptance, the subscription order, the Hire Agreement, Agreement (including these Terms Terms) and any details we agree with you in relation to the handover protocol (as signed in accordance with section 10.2) of the car shall become the subscription contract (“Contract”). You may withdraw your subscription order at any time before you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment (see section 3.4) to you. We also have the right to terminate the Contract before you have taken delivery of your car, if (i) we have become aware of new information that your creditworthiness has deteriorated since your initial credit check, or (ii) you do not agree to an order change of the car specification which is required due to circumstances outside our control (such as semi-conductor shortage). If we terminate the Contract, we will follow any process and serve any notice required by law.
34. WHAT AND HOW YOU PAY Your monthly subscription fee covers the provision of your car and all other services included in your Care by Volvo subscription. Insurance, fuel, and other regular consumables (for example washer fluid and Adblue), as well as toll or congestion charges are not included. With regards to insurance costs, please see section 1314. In certain events or for certain additional services you may have to pay additional charges – these charges are described in Appendix 1. You will pay your subscription fees (also called monthly payments in the Hire Agreement which includes these Terms) and other charges by Direct Debit (we Debit. We will request your bank details to set the Direct Debit up and send you a copy of the Direct Debit mandate for your records). Please make sure to renew the mandate if your bank details change. It is important that you ensure, on a monthly basis, that the balance on your bank account covers the subscription amount including possible additional charges payable during your subscription, such as fines and charges, in accordance with Appendix 1 (we of these Terms. We will let you know in advance of the payment date if any such charges apply). The first month’s During the application process you provided card details for the payment will be taken following acceptance of your subscription order the advance payment (the “Prepayment”)) set out in the Hire Agreement. Those funds will be held in your account pending approval of your application. During this period you will not be able to use those funds for other purposes. Once your application is approved, that Prepayment is debited from the account connected to the card details your provided and paid to us using those card details. The Prepayment is equal to your normal monthly subscription fee. The first and second monthly payments This will be taken on a pro-rated basis depending on when cover your hire of the car from the date you take delivery of it to the end of a full month after. The amount of your first monthly payment will depend on which date of the month you take delivery of your car. Further information on how details of the first and second payments are calculated payment process can be found in our FAQ FAQs - xxxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faq/. In the event we are unable to take your Prepayment, we reserve the right to terminate your subscription order. Details of your All subsequent regular monthly subscription payments are confirmed for the amount set out in the Hire Agreement. You will pay the subscription fees monthly in advance Agreement and are due on the first working day of each monthsubsequent calendar month until this Contract ends. A working day is a day other than a Saturday on which the banks in England and Wales are open for business. This means that each payment relates to your hire of the car in the calendar month which follows your payment. Any additional charges or fines will be settled monthly in arrears (usually together with the subscription fee for the upcoming month). If you In the event we are unable to take delivery of your car in Prepayment, we reserve the last few days of the month, please note that right to terminate your first and second monthly payments will be taken at a later date as detailed in our FAQ - xxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faqsubscription order.
45. VOLVO ID In order to access your subscription and other services through the 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 is administered by the Volvo Car Group, so it is not governed by these Terms. It is instead governed by separate terms and conditions which can be found here - xxxxx://xxx.xxxxxxxxx.xxx/uk/support/topics/legal-documents/terms- and-conditions/volvo-cars-terms-of-services.
56. YOUR SUBSCRIPTION SUBSCRIPTION Your subscription will start on the date you take delivery of your first car. Unless If you have signed up for a subscription with a fixed flexible term (as stated in your order confirmation), you may, terminate your subscription whenever you want after you have taken delivery of your car, provided you notify us at least three months in advance. For the avoidance of doubt, your subscription will continue during the three months’ month termination notice period, and so you will be required to pay the subscription fee, and any other applicable additional charges listed in Appendix 1 of these Terms during this period. period. In the event you have not signed up for a subscription with a fixed term (as stated in your order confirmation), your subscription will last until the end of such term. If you would like to terminate your subscription beforehand, you will be required to pay a percentage of the remaining monthly fees during the agreed subscription term as set out in the Key Financial Information section of the Hire Agreement and Appendix 1 of these Terms. This will be in addition to any outstanding amounts related to your subscription. In the event you have signed up for a subscription with a flexible term (as stated in your order confirmation), your subscription will run for a maximum of five years unless you switch your car (as described in section 910), in which case your subscription will continue for another five years from the date the switch takes effect (i.e. the date you receive your new car), or we agree otherwise. You Remember however that you may withdraw terminate your subscription order until whenever you want after you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment to you. In the event provided you have signed up for a subscription car that comes with a trial period (as stated notify us at least three months in your order confirmation and only applicable for new customers), you may terminate your subscription at any time within 30 days from taking delivery of the car (the “Trial Period”). However, we will keep the Prepayment. If you would like to terminate your subscription during the Trial Period, you need to let us know during the Trial Period and schedule a return of the car with the Customer Relations Centre using the contact details in section 1.2. If you terminate within the Trial Period, but the car is returned to us after the end of the Trial Period, you will have to pay your subscription fee for each extra day of usage following the end of the Trial Period calculated on a monthly pro-rata basis, unless we are responsible for the delayed return (for example, by not offering you a return time within the Trial Period). You will also be charged additional mileage costs for miles covered over the pro-rata mileage amount of the annual mileage agreed in the Contractadvance. Your rights to withdraw or cancel your subscription as set out in this section 5 6 are in addition to any other rights to terminate the Contract (for instance your legal right to cancel within the first 14 days from entering into this Contract, or if we commit a serious breach of the Contract, Contract or if you choose to terminate in accordance with section 6.2sections 6.2 and 6.3). As you may know, consumer protection law sometimes includes a right to cancel a contract within 14 days from the date of delivery of a good or product. This doesn't, however, apply to vehicle rental contracts which have a specific rental period (as is the case with this Contract). If you materially breach the terms of the Contract, for example, you do not hold valid insurance as set out in section 1314, or act illegally in a way that we cannot reasonably be expected to continue the provision of our services to you we may terminate this Contract with immediate effect and claim any damages, losses or expenses. This may be the case, for example, if you fail to pay us despite our warnings (we reserve the right to refer unpaid invoice(s) to our business partner if payment has not been received within 30 days of your payment being due) or if you materially violate the do’s and don'ts regarding the use of the car in section 1213. We may also terminate this Contract if, before you have taken delivery of your Carcar, we have become aware of new information that your credit worthiness has deteriorated compared to your initial credit check. check. If this Contract ends in accordance with section 5.8 6.7 you shall, without delay, return your Car car to us. In case you don’t, we may – ourselves or through one of our business partners – immediately take back the Carcar. If the Contract ends in accordance with section 5.8 6.6 you will be required to pay any outstanding payments and (i) in the event your subscription doesn’t have is a fixed termflexible subscription, an amount corresponding to three months’ subscription fees or (ii) in the event you have signed up for a contract with a fixed term, a percentage of the remaining subscription fees as if you had terminated the Contract yourself according to section 5.36.3. You may also be required to compensate us for any losses that we have suffered due to the cancellation of your Contract, such as costs related to repossession of the Car car and debt collection. It is your responsibility to keep the contact details we hold on you up to date. Please contact our Customer Relations Centre, using the contact details in section 1.2, if you change your residential address, phone number or email address.
Appears in 1 contract
Samples: Care by Volvo Terms and Conditions
YOUR CARE BY VOLVO SUBSCRIPTION. 1. WE ARE CARE BY VOLVO We are Care by Volvo is part of Volvo Car UK Limited, which is 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 offering and operating your Care by Volvo subscription and services. You can contact us through our Customer Relations Centre; our contact details are xxxxxxxxxxx-xx@xxxxxxxxx.xxx / 0800 03180650318065.
2. WHAT WE EXPECT FROM YOU You confirm that you are an individual above the age of 18 and resident in the UK. You confirm that all the details you provide to us in your subscription order are true and correct. We may seek proof of your address as part of your initial application. 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 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.
23. HOW YOU SUBSCRIBE Subscribing to Care by Volvo is an online process through Volvo Cars’ digital channels. To subscribe you must be a UK resident. To complete your subscription order, you will need to fill in all required information on Volvo Cars’ digital channels, confirm that you have read these Terms (which you will do online before you can place your order) and sign the document headed ‘Hire AgreementAgreement regulated by the Consumer Credit Act 1974’. We may ask you for additional information during the creditworthiness and affordability check. If you are unable to provide us with this information within five days, your order may be cancelled. Upon the submission of your completed subscription order, we will send you an email (i) confirming receipt of your order and (ii) attach a copy of the Hire Agreement which includes these Terms for you to review and sign before returning it to us. If you are unable to sign and return the Hire Agreement within a week three working days your order may be cancelled (in which case you will need to resubmit your order). Once (and not before) we have received your signed Hire Agreement we will have a binding contract – incorporating these Terms – with you. We may in our sole discretion choose not to accept your subscription order if, for example, the results of your credit check and ID verification do not meet our minimum requirements. Upon such confirmation and acceptance, the subscription order, the Hire Agreement, Agreement (including these Terms Terms) and any details we agree with you in relation to the handover protocol (as signed in accordance with section 10.2) of the car shall become the subscription contract (“Contract”). You may withdraw your subscription order at any time before you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment (see section 4.4) to you. We also have the right to terminate the Contract before you have taken delivery of your car, if (i) we have become aware of new information through our pre-delivery credit check that your creditworthiness has deteriorated since your initial credit check, or (ii) you do not agree to an order change of the car specification which is required due to circumstances outside our control (such as semi-conductor shortage), or (iii) we become aware of an error on our webpage which affects your subscription order and we cannot agree upon a correction. If we terminate the Contract, we will follow any process and serve any notice required by law. The price for your car is stated online and confirmed in the subscription order and the Contract (the “Price”). The Price includes delivery according to Section 11, Vehicle Excise Duty (if applicable), the first registration fee and registration in accordance with Section 9.2. It also includes VAT and the services mentioned in these Terms. We are entitled to increase the Price to mirror any new or revised governmental fees, charges or taxes which are decided after you have received the subscription order confirmation but takes effect prior to the delivery of the car. We are also entitled to increase the Price at any time before delivery due to any factor beyond our control (including foreign exchange fluctuations, increased interest rates and increases in labour, material and other manufacturing costs). In the event you want to cancel your subscription order as a result of such price increase, please see Section 3.4.
34. WHAT AND HOW YOU PAY Your monthly subscription fee covers the provision of your car and all other services included in your Care by Volvo subscription. Insurance, fuel, and other regular consumables (for example washer fluid and Adblue), as well as toll or congestion charges are not included. With regards to insurance costs, please see section 1314. In certain events or for certain additional services you may have to pay additional charges – these charges are described in Appendix 1. You will pay your subscription fees (also called monthly payments in the Hire Agreement which includes these Terms) and other charges by Direct Debit (we Debit. We will request your bank details to set the Direct Debit up and send you a copy of the Direct Debit mandate for your records). Please make sure to renew the mandate if your bank details change. It is important that you ensure, on a monthly basis, that the balance on your bank account covers the subscription amount including possible additional charges payable during your subscription, such as fines and charges, in accordance with Appendix 1 (we of these Terms. We will let you know in advance of the payment date if any such charges apply). The first month’s During the application process you provided card details for the payment will be taken following acceptance of your subscription order the advance payment (the “Prepayment”)) set out in the Hire Agreement. Those funds will be held in your account pending approval of your application. During this period you will not be able to use those funds for other purposes. Once your application is approved, that Prepayment is debited from the account connected to the card details your provided and paid to us using those card details. The Prepayment is equal to your normal monthly subscription fee. The first and second monthly payments This will be taken on a pro-rated basis depending on when cover your hire of the car from the date you take delivery of it to the end of a full month after. The amount of your first monthly payment will depend on which date of the month you take delivery of your car. Further information on how details of the first and second payments are calculated payment process can be found in our FAQ FAQs - xxxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faq/. In the event we are unable to take your Prepayment, we reserve the right to terminate your subscription order. Details of your All subsequent regular monthly subscription payments are confirmed for the amount set out in the Hire Agreement. You will pay the subscription fees monthly in advance Agreement and are due on the first working day of each monthsubsequent calendar month until this Contract ends. A working day is a day other than a Saturday on which the banks in England and Wales are open for business. This means that each payment relates to your hire of the car in the calendar month which follows your payment. Any additional charges or fines will be settled monthly in arrears (usually together with the subscription fee for the upcoming month). If you In the event we are unable to take delivery of your car in Prepayment, we reserve the last few days of the month, please note that right to terminate your first and second monthly payments will be taken at a later date as detailed in our FAQ - xxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faqsubscription order.
45. VOLVO ID In order to access your subscription and other services through the 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 is administered by the Volvo Car Group, so it is not governed by these Terms. It is instead governed by separate terms and conditions which can be found here - xxxxx://xxx.xxxxxxxxx.xxx/uk/support/topics/legal-documents/terms- and-conditions/volvo-cars-terms-of-services.
56. YOUR SUBSCRIPTION SUBSCRIPTION Your subscription will start on the date you take delivery of your first car. Unless If you have signed up for a subscription with a fixed flexible term (as stated in your order confirmation), you may, terminate your subscription whenever you want after you have taken delivery of your car, provided you notify us at least three months in advance. For the avoidance of doubt, your subscription will continue during the three months’ month termination notice period, and so you will be required to pay the subscription fee, and any other applicable additional charges listed in Appendix 1 of these Terms during this period. period. In the event you have not signed up for a subscription with a fixed term (as stated in your order confirmation), your subscription will last until the end of such term. If you would like to terminate your subscription beforehand, you will be required to pay a percentage of the remaining monthly fees during the agreed subscription term as set out in the Key Financial Information section of the Hire Agreement and Appendix 1 of these Terms. This will be in addition to any outstanding amounts related to your subscription. In the event you have signed up for a subscription with a flexible term (as stated in your order confirmation), your subscription will run for a maximum of five years unless you switch your car (as described in section 910), in which case your subscription will continue for another five years from the date the switch takes effect (i.e. the date you receive your new car), or we agree otherwise. You Remember however that you may withdraw terminate your subscription order until whenever you want after you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment to you. In the event provided you have signed up for a subscription car that comes with a trial period (as stated notify us at least three months in your order confirmation and only applicable for new customers), you may terminate your subscription at any time within 30 days from taking delivery of the car (the “Trial Period”). However, we will keep the Prepayment. If you would like to terminate your subscription during the Trial Period, you need to let us know during the Trial Period and schedule a return of the car with the Customer Relations Centre using the contact details in section 1.2. If you terminate within the Trial Period, but the car is returned to us after the end of the Trial Period, you will have to pay your subscription fee for each extra day of usage following the end of the Trial Period calculated on a monthly pro-rata basis, unless we are responsible for the delayed return (for example, by not offering you a return time within the Trial Period). You will also be charged additional mileage costs for miles covered over the pro-rata mileage amount of the annual mileage agreed in the Contractadvance. Your rights to withdraw or cancel your subscription as set out in this section 5 6 are in addition to any other rights to terminate the Contract (for instance your legal right to cancel within the first 14 days from entering into this Contract, or if we commit a serious breach of the Contract, Contract or if you choose to terminate in accordance with section 6.2sections 6.2 and 6.3). As you may know, consumer protection law sometimes includes a right to cancel a contract within 14 days from the date of delivery of a good or product. This doesn't, however, apply to vehicle rental contracts which have a specific rental period (as is the case with this Contract). If you materially breach the terms of the Contract, for example, you do not hold valid insurance as set out in section 1314, or act illegally in a way that we cannot reasonably be expected to continue the provision of our services to you we may terminate this Contract with immediate effect and claim any damages, losses or expenses. This may be the case, for example, if you fail to pay us despite our warnings (we reserve the right to refer unpaid invoice(s) to our business partner if payment has not been received within 30 days of your payment being due) or if you materially violate the do’s and don'ts regarding the use of the car in section 1213. We may also terminate this Contract if, before you have taken delivery of your Carcar, we have become aware of new information that your credit worthiness has deteriorated compared to your initial credit check. check. If this Contract ends in accordance with section 5.8 6.7 you shall, without delay, return your Car car to us. In case you don’t, we may – ourselves or through one of our business partners – immediately take back the Carcar. If the Contract ends in accordance with section 5.8 6.6 you will be required to pay any outstanding payments and (i) in the event your subscription doesn’t have is a fixed termflexible subscription, an amount corresponding to three months’ subscription fees or (ii) in the event you have signed up for a contract with a fixed term, a percentage of the remaining subscription fees as if you had terminated the Contract yourself according to section 5.36.3. You may also be required to compensate us for any losses that we have suffered due to the cancellation of your Contract, such as costs related to repossession of the Car car and debt collection. It is your responsibility to keep the contact details we hold on you up to date. Please contact our Customer Relations Centre, using the contact details in section 1.2, if you change your residential address, phone number or email address.
Appears in 1 contract
Samples: Care by Volvo Terms and Conditions
YOUR CARE BY VOLVO SUBSCRIPTION. 1. WE ARE CARE BY VOLVO We are Care by Volvo is part of Volvo Car UK Limited, which is 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 offering and operating your Care by Volvo subscription and services. You can contact us through our Customer Relations Centre; our contact details are xxxxxxxxxxx-xx@xxxxxxxxx.xxx / 0800 03180650318065.
2. WHAT WE EXPECT FROM YOU You confirm that you are an individual above the age of 18 and resident in the UK. You confirm that all the details you provide to us in your subscription order are true and correct. We may seek proof of your address as part of your initial application. 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, or the so-called Luhansk People’s Republic. If at any time this turns out not to be true, your Order 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.
23. HOW YOU SUBSCRIBE Subscribing to Care by Volvo is an online process through Volvo Cars’ digital channels. To subscribe you must be a UK resident. To complete your subscription order, you will need to fill in all required information on Volvo Cars’ digital channels, confirm that you have read these Terms (which you will do online before you can place your order) and sign the document headed ‘Hire AgreementAgreement regulated by the Consumer Credit Act 1974’. We may ask you for additional information during the creditworthiness and affordability check. If you are unable to provide us with this information within five days, your order may be cancelled. Upon the submission of your completed subscription order, we will send you an email (i) confirming receipt of your order and (ii) attach a copy of the Hire Agreement which includes these Terms for you to review and sign before returning it to us. If you are unable to sign and return the Hire Agreement within a week three working days your order may be cancelled (in which case you will need to resubmit your order). Once (and not before) we have received your signed Hire Agreement we will have a binding contract – incorporating these Terms – with you. We may in our sole discretion choose not to accept your subscription order if, for example, the results of your credit check and ID verification do not meet our minimum requirements. Upon such confirmation and acceptance, the subscription order, the Hire Agreement, Agreement (including these Terms Terms) and any details we agree with you in relation to the handover protocol (as signed in accordance with section 10.2) of the car shall become the subscription contract (“Contract”). You may withdraw your subscription order at any time before you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment (see section 3.4) to you. We also have the right to terminate the Contract before you have taken delivery of your car, if (i) we have become aware of new information through our pre-delivery credit check that your creditworthiness has deteriorated since your initial credit check, or (ii) you do not agree to an order change of the car specification which is required due to circumstances outside our control (such as semi-conductor shortage), or (iii) we become aware of an error on our webpage which affects your subscription order and we cannot agree upon a correction. If we terminate the Contract, we will follow any process and serve any notice required by law.
34. WHAT AND HOW YOU PAY Your monthly subscription fee covers the provision of your car and all other services included in your Care by Volvo subscription. Insurance, fuel, and other regular consumables (for example washer fluid and Adblue), as well as toll or congestion charges are not included. With regards to insurance costs, please see section 1314. In certain events or for certain additional services you may have to pay additional charges – these charges are described in Appendix 1. You will pay your subscription fees (also called monthly payments in the Hire Agreement which includes these Terms) and other charges by Direct Debit (we Debit. We will request your bank details to set the Direct Debit up and send you a copy of the Direct Debit mandate for your records). Please make sure to renew the mandate if your bank details change. It is important that you ensure, on a monthly basis, that the balance on your bank account covers the subscription amount including possible additional charges payable during your subscription, such as fines and charges, in accordance with Appendix 1 (we of these Terms. We will let you know in advance of the payment date if any such charges apply). The first month’s During the application process you provided card details for the payment will be taken following acceptance of your subscription order the advance payment (the “Prepayment”)) set out in the Hire Agreement. Those funds will be held in your account pending approval of your application. During this period you will not be able to use those funds for other purposes. Once your application is approved, that Prepayment is debited from the account connected to the card details your provided and paid to us using those card details. The Prepayment is equal to your normal monthly subscription fee. The first and second monthly payments This will be taken on a pro-rated basis depending on when cover your hire of the car from the date you take delivery of it to the end of a full month after. The amount of your first monthly payment will depend on which date of the month you take delivery of your car. Further information on how details of the first and second payments are calculated payment process can be found in our FAQ FAQs - xxxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faq/. In the event we are unable to take your Prepayment, we reserve the right to terminate your subscription order. Details of your All subsequent regular monthly subscription payments are confirmed for the amount set out in the Hire Agreement. You will pay the subscription fees monthly in advance Agreement and are due on the first working day of each monthsubsequent calendar month until this Contract ends. A working day is a day other than a Saturday on which the banks in England and Wales are open for business. This means that each payment relates to your hire of the car in the calendar month which follows your payment. Any additional charges or fines will be settled monthly in arrears (usually together with the subscription fee for the upcoming month). If you In the event we are unable to take delivery of your car in Prepayment, we reserve the last few days of the month, please note that right to terminate your first and second monthly payments will be taken at a later date as detailed in our FAQ - xxxx://xxx.xxxxxxxxx.xxx/uk/care-by-volvo/faqsubscription order.
45. VOLVO ID In order to access your subscription and other services through the 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 is administered by the Volvo Car Group, so it is not governed by these Terms. It is instead governed by separate terms and conditions which can be found here - xxxxx://xxx.xxxxxxxxx.xxx/uk/support/topics/legal-documents/terms- and-conditions/volvo-cars-terms-of-services.
56. YOUR SUBSCRIPTION SUBSCRIPTION Your subscription will start on the date you take delivery of your first car. Unless If you have signed up for a subscription with a fixed flexible term (as stated in your order confirmation), you may, terminate your subscription whenever you want after you have taken delivery of your car, provided you notify us at least three months in advance. For the avoidance of doubt, your subscription will continue during the three months’ month termination notice period, and so you will be required to pay the subscription fee, and any other applicable additional charges listed in Appendix 1 of these Terms during this period. period. In the event you have not signed up for a subscription with a fixed term (as stated in your order confirmation), your subscription will last until the end of such term. If you would like to terminate your subscription beforehand, you will be required to pay a percentage of the remaining monthly fees during the agreed subscription term as set out in the Key Financial Information section of the Hire Agreement and Appendix 1 of these Terms. This will be in addition to any outstanding amounts related to your subscription. In the event you have signed up for a subscription with a flexible term (as stated in your order confirmation), your subscription will run for a maximum of five years unless you switch your car (as described in section 910), in which case your subscription will continue for another five years from the date the switch takes effect (i.e. the date you receive your new car), or we agree otherwise. You Remember however that you may withdraw terminate your subscription order until whenever you want after you have taken delivery of your first car. In this case, there will be no charges, and we will return the Prepayment to you. In the event provided you have signed up for a subscription car that comes with a trial period (as stated notify us at least three months in your order confirmation and only applicable for new customers), you may terminate your subscription at any time within 30 days from taking delivery of the car (the “Trial Period”). However, we will keep the Prepayment. If you would like to terminate your subscription during the Trial Period, you need to let us know during the Trial Period and schedule a return of the car with the Customer Relations Centre using the contact details in section 1.2. If you terminate within the Trial Period, but the car is returned to us after the end of the Trial Period, you will have to pay your subscription fee for each extra day of usage following the end of the Trial Period calculated on a monthly pro-rata basis, unless we are responsible for the delayed return (for example, by not offering you a return time within the Trial Period). You will also be charged additional mileage costs for miles covered over the pro-rata mileage amount of the annual mileage agreed in the Contractadvance. Your rights to withdraw or cancel your subscription as set out in this section 5 6 are in addition to any other rights to terminate the Contract (for instance your legal right to cancel within the first 14 days from entering into this Contract, or if we commit a serious breach of the Contract, Contract or if you choose to terminate in accordance with section 6.2sections 6.2 and 6.3). As you may know, consumer protection law sometimes includes a right to cancel a contract within 14 days from the date of delivery of a good or product. This doesn't, however, apply to vehicle rental contracts which have a specific rental period (as is the case with this Contract). If you materially breach the terms of the Contract, for example, you do not hold valid insurance as set out in section 1314, or act illegally in a way that we cannot reasonably be expected to continue the provision of our services to you we may terminate this Contract with immediate effect and claim any damages, losses or expenses. This may be the case, for example, if you fail to pay us despite our warnings (we reserve the right to refer unpaid invoice(s) to our business partner if payment has not been received within 30 days of your payment being due) or if you materially violate the do’s and don'ts regarding the use of the car in section 1213. We may also terminate this Contract if, before you have taken delivery of your Carcar, we have become aware of new information that your credit worthiness has deteriorated compared to your initial credit check. check. If this Contract ends in accordance with section 5.8 6.7 you shall, without delay, return your Car car to us. In case you don’t, we may – ourselves or through one of our business partners – immediately take back the Carcar. If the Contract ends in accordance with section 5.8 6.6 you will be required to pay any outstanding payments and (i) in the event your subscription doesn’t have is a fixed termflexible subscription, an amount corresponding to three months’ subscription fees or (ii) in the event you have signed up for a contract with a fixed term, a percentage of the remaining subscription fees as if you had terminated the Contract yourself according to section 5.36.3. You may also be required to compensate us for any losses that we have suffered due to the cancellation of your Contract, such as costs related to repossession of the Car car and debt collection. It is your responsibility to keep the contact details we hold on you up to date. Please contact our Customer Relations Centre, using the contact details in section 1.2, if you change your residential address, phone number or email address.
Appears in 1 contract
Samples: Care by Volvo Terms and Conditions