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Terms and Conditions of Sale and Delivery - Consumers
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1. General Information
These Terms and Conditions of Sale and Delivery (referred to in the following as "Terms and Conditions") apply to orders placed by private consumer (referred to in the following as "you" or "the Consumer") with Volvo Merchandise AB (referred to in the following as "VOLVO" or "we") in the VOLVO web shop (referred to in the following as "Web Shop").
By using the Web Shop and/or placing an order, you undertake to comply with these Terms and Conditions. Please ensure that you have read and understood these Terms and Conditions before placing an order. We reserve the right to change these Terms and Conditions from time to time without notifying you. The current version of the Terms and Conditions is always the version which is available in the Web Shop at the time when the order is placed.
The Terms and Conditions are governed by Swedish law. If you live in a country other than Sweden, there may be mandatory consumer protection laws which give you rights in addition to those in these Terms and Conditions and in Swedish consumer protection legislation. VOLVO undertakes to comply with foreign mandatory consumer protection laws if it is shown that such law provides more extensive rights for the Consumer.
2. Prices and delivery charges
The prices in the Web Shop include Swedish value added tax, but do not include delivery charges. The delivery charges are based on total ordering amount. VOLVO will not pay costs such as customs duties, local VAT or other charges for deliveries to countries outside the EU. Please note that you as the Consumer are responsible for handling and paying charges of this kind in accordance with the laws and regulations of the destination country.
3. Placing an order/entering into a contract
A contract in accordance with these Terms and Conditions is entered into between the Consumer and VOLVO when you have completed your credit card payment and the order has been confirmed in an e-mail confirmation sent by VOLVO (referred to in the following as "the Contract"). When you have placed an order, you will receive a receipt in the Web Shop and an e-mail with a confirmation. VOLVO reserves the right to refuse an order without giving a specific reason. If for any reason your order cannot be fulfilled, VOLVO will contact you as soon as possible. Only people over the age of eighteen (18) are entitled to place an order with VOLVO.
The delivery time for ordered products is depending on the type of product and chosen destination after VOLVO’s order confirmation, unless otherwise stated in VOLVO’s order confirmation. For more information on freight costs please refer to Delivery & Shipping section of our Web Shop. VOLVO reserves the right to charge for the delivery costs of parcels which cannot be delivered after several attempts as a result of circumstances which are beyond the control of VOLVO (see Section 2). The risk of the product is transferred to you when the product has been delivered (in other words, when the product has come into your possession).
5. Payment terms
VOLVO accepts only credit and debit card payments. You must enter your credit or debit card details to complete your order. The total order amount will be reserved on your card until the order is shipped by VOLVO and then the amount will be withdrawn from your card. VOLVO reserves the right to validate your credit/debit card and its credit status in relation to the order and to ensure that the Consumer's address information is correct. We are entitled to refuse an order on the basis of the results of a validation process of this kind.
6. The right to cancel a purchase and the returns process
When Consumers purchase products from the Web Shop, they always have a 14-day cooling-off period under the terms of the Swedish Distance and Doorstep Selling Act. This means that you as a Consumer are entitled to cancel your purchase by informing VOLVO of this within 14 days of receiving the product. However, the right to cancel a purchase does not apply to products which have been manufactured or significantly modified to meet your specific requirements or which have clearly been personalized in other ways. In order for a return to be accepted, the product must be sent back in an essentially unchanged condition, which means that it must be unused, complete and clean. However, this does not apply if the product has been destroyed or modified as a result of a measure which was necessary in order to inspect it or because of some other circumstance outside your control. You are responsible for paying the shipping costs for products which are returned to VOLVO 's warehouse in Jönköping in Sweden and for ensuring that the products are returned in an essentially unchanged condition. The products must be returned within fourteen (14) days of the date when you sent the notification about exercising your right to cancel the purchase. VOLVO will inspect products that have been returned for faults and wear and, if VOLVO establishes that the product is in an essentially unchanged condition, the cost of the product will be refunded to the credit/debit card used to purchase the product. VOLVO will refund the amount within thirty (30) days of receiving the product. VOLVO reserves the right to refuse to accept a returned product, if the product is not in an essentially unchanged condition. Products which are being returned must be packed carefully in the original packaging, in order to prevent damage. If you want to exercise your right to cancel a purchase, you must contact customer support at email@example.com. Before you make contact with us, you must complete our returns form found under Returns & Claims in the Web Shop.
7. Making claims and the returns process
As a Consumer, you are always entitled to complain about faults in products within three years of receiving them. If you want to submit a claim concerning a fault in a product that you have ordered, you as the Consumer must e-mail VOLVO at firstname.lastname@example.org, complete the information is to be found under the Returns & Claims section. The claim must be made within a reasonable period after you noticed or should have noticed the fault. VOLVO will inspect products that have been returned for faults and wear and, if VOLVO establishes that the claim is valid, VOLVO will send out a new product, rectify the fault or refund the purchase price. VOLVO attempts to send out new or repaired products within thirty (30) days of receiving the claim, but this can take longer, depending on the type of product that the claim relates to. VOLVO reserves the right to refuse a claim if the product is not faulty under the terms of the Swedish Consumer Sales Act or another relevant act. In the case of claims, VOLVO follows the guidelines provided by the Swedish National Board for Consumer Disputes (ARN) (see http://www.arn.se/English/English/ ). You will find more information on the Swedish Consumer Agency's website at http://www.konsumentverket.se/otherlanguages/English/. VOLVO will pay the return shipping costs for claims accepted by VOLVO. Products which are being returned must be packed carefully and preferably in the original packaging, in order to prevent damage.
8. Personal dataVOLVO is responsible as data controller for the processing of the Consumer’s personal data. VOLVO will keep the Consumer’s personal data as long as required to fulfill its legal or contractual obligations taking into account for example the contractual period, warranty and product liability requirements, and no longer than is required for VOLVO to fulfill the purposes for which the personal data was collected. The Consumer has the right to request information about the personal data processed about themselves and access to such personal data. The Consumer also has a right to request rectification of your personal data if this is incorrect and request erasure of your personal data. For detailed information on how VOLVO processes the Consumer’s personal data, visit the applicable Privacy Notice Section.
Volvo Merchandise, will process personal data about you, if you have purchased a product offered on the web shop of Volvo Merchandise (“Web Shop”) in the capacity of a private consumer, regardless of if you are an employee of a Volvo Group company or not, and have purchased a product offered on the Web Shop of Volvo Merchandise.
Identity and contact details of the controller and group privacy officer
Volvo Merchandise AB (referred to as “VOLVO”), as controller of personal data, is responsible for the processing of personal data that relate to you under applicable data protection laws and regulations.
If you have questions regarding the processing of your personal data, please contact VOLVO’s group privacy officer at GPO.Office@volvo.com or by post or phone at:
AB Volvo, Att: Group Privacy Office, Dept AA14100, VGHQ, SE-405 08 Göteborg, Sweden
+46 (0)31 66 00 00
What categories of personal data will VOLVO process?
VOLVO will process all or a part of the following categories of personal data:
Contact data, such as name, email address, phone number, postal address, country
Individual data, order details, brand area of interest (only if signed up for newsletter), user-ID, passwords
IT-related data, such IP address, log-in details as well as data and logs about your activities and transactions on the Web Shop
Legal basis and purposes of the processing
Volvo Merchandise will process your personal data based on either of the following legal grounds and for the following purposes, see also further details below.
Legal obligation. Example, VOLVO may be obliged by law to report transactions to a tax authority requiring Volvo Merchandise to process your personal data.
Contractual obligation. Example, VOLVO may be required to process your personal data to fulfill the terms and agreements of an order contract signed by you,
Legitimate interests. VOLVO’s legitimate interests include the interest to contact its customers with promotional communication.
In exceptional cases and only when no other legal ground can be applied, VOLVO may ask separately for your consent to process your personal data for the following purposes. If consent is collected, you are always entitled to withdraw your consent, which will however not affect the lawfulness of the processing based on consent before its withdrawal.
Purchase procedure purpose such as shopping cart management and Web Shop login management
Delivery and invoicing purposes such as creation of purchase orders and invoices
Promotional communications and marketing purposes such as the sending of our optional newsletters.
From where will VOLVO obtain your personal data?
VOLVO will obtain all your personal data from yourself.
Some personal data might also be automatically generated from VOLVO’s IT-system, or equivalent, when you are creating or accessing the Web Shop provided by VOLVO .
What happens if you do not provide VOLVO with any personal data?
Some personal data is necessary in order for VOLVO to interact with its customers for business purposes. Not providing personal data will inhibit the handling and delivery of the products that you might expect from VOLVO.
How will VOLVO share your personal data? Will it be transferred outside EU/EEA?
VOLVO will normally not share your personal data with anyone outside of the Volvo Group, unless required by law or regulation. However, VOLVO may, if necessary to fulfill the purpose for processing the personal data, share your personal data with other Volvo Group company, including company outside of the European Union or the European Economic Area EU/EEA. VOLVO may also, if necessary to fulfill the purpose for processing the personal data, share your personal data with third party companies and suppliers including companies and suppliers outside the EU/EEA.
VOLVO will secure that appropriate safeguards are in place which provide adequate levels of protection of your personal data as required by applicable data protection laws. For example, this may include the use of intercompany or external data processing agreements based on EU approved Standard Contractual Clauses or EU-US Privacy Shield or such other mechanisms as have been recognized or approved by the relevant authorities from time to time. If you have questions about the transfer, please contact VOLVO’s group privacy officer.
For how long will VOLVO keep your personal data?
VOLVO will keep your personal data as long as required to fulfill its legal or contractual obligations taking into account for example the contractual period, warranty and product liability requirements, and no longer than is required for VOLVO to fulfill the purposes for which the personal data was collected.
Your data protection rights
You have the right to request from VOLVO information about the personal data processed about you and access to such personal data. You also have a right to request rectification of your personal data if this is incorrect and request erasure of your personal data. Further, you have a right to request restriction of the processing of your personal data meaning that you request VOLVO to limit its processing of your personal data under certain circumstances. There is also a right for you to object to the processing based on legitimate interest or processing for direct marketing. You have as well the right to data portability (transfer of your personal data to another controller) if VOLVO’s processing if your personal data is based on consent or contractual obligation and is automated.
You also have the right to lodge any complaints you may have regarding VOLVO’s processing of your personal data to a supervisory authority. For more information about these rights and how to exercise them, please contact the VOLVO group privacy officer or please visit Data subject rights.
10. Printing errors and colour reproduction
VOLVO is not responsible for printing errors or for errors in information or product specifications. Illustrations must be regarded only as images. They do not represent the actual product in detail. If there are differences between the colors shown in the Web Shop on your computer and the actual colors of the product, this may cause by the color reproduction of your technical equipment (for example, your computer).
To the extent permitted under the terms of the relevant legislation, VOLVO will under no circumstances be held liable with regard to you or any third party for any indirect damage or loss, whether or not it could be predicted, or for loss of profits, loss of savings or consequential damages resulting from your use of or inability to use the product or caused by a breach of the Contract, even if VOLVO was informed of the risk of damages or losses of this kind.
12. Intellectual property rights
The entire content of the VOLVO website, including all trademarks, copyrights and intellectual property rights relating to products, belongs to Volvo Trademark Holding AB, AB Volvo, a subsidiary of the AB Volvo Group or VOLVO’s suppliers. As a result, the content is protected by copyright, marketing and trademark legislation. This means that trademarks, company names, product names and information about products, such as descriptions of goods, weights, illustrations, pictures, graphics, designs, layout and other content of these webpages, can under no circumstances be downloaded, copied or used without the explicit written consent of VOLVO.
13. Retention of title
To the extent permitted under the terms of the relevant legislation, all products supplied by VOLVO in the context of these Terms and Conditions belong to VOLVO and/or in certain cases third parties, until the Consumer has fulfilled his obligations under these Terms and Conditions.
If any part of these Terms and Conditions is not considered to be lawful or is determined to be ineffective by a court or supervisory body, the remaining Terms and Conditions will continue to apply.
15. Force majeure
To the extent permitted under the terms of the relevant legislation, if VOLVO is prevented from fulfilling some of its obligations under the terms of the Contract with the Consumer or if fulfilling an undertaking places an unreasonable burden on VOLVO, as a result of an industrial dispute or other circumstances over which VOLVO has no control, such as fire, war, mobilization or unexpected military call-up of a similar scope, requisitioning, confiscation, currency restrictions, insurrection and riot or failed or delayed deliveries from subcontractors or manufacturers because of the circumstances referred to above, VOLVO is freed from all liability.
16. Disputes and governing law
If you have a problem with a product that you have purchased from VOLVO, and were not able to settle the complaint with VOLVO, you can submit your complaint to the EU’s online dispute resolution platform (the “Platform”).
The Platform enables consumers and traders within the EU to try and reach an out-of-court settlement for complaints arising from online purchases. This single-entry point is designed to be a user-friendly, available in all EU official languages and free of charge. The Platform is available here: http://ec.europa.eu/odr.
Any dispute, controversy of claim arising out of, or in connection with, these Terms and Conditions, or the breach, termination or invalidity thereof, that could not be settled through the Platform shall be settled by the courts of Sweden with the District Court of Göteborg as the court of the first instance. Unless, you are resident in a country other than Sweden and foreign mandatory consumer protection laws provides a mandatory forum for settlement of consumer disputes.
Governing law shall be the substantive laws of Sweden, with the exclusion of its conflict of law rules. If you are resident in a country other than Sweden, there may be mandatory consumer protection laws which gives you rights in addition to those in these Terms and Conditions and in Swedish consumer protection legislation. VOLVO undertakes to comply with foreign mandatory consumer protection laws if it is shown that such law provides more extensive rights for the Consumer.
17. Company information
Contact details for:
Volvo Group Merchandise Services
Customer support: email@example.com
Volvo Merchandise AB
Bror Nilssons gata 5
417 55 Göteborg
Registered number: 556744-9151
VAT number: SE556744915101