Terms and Conditions
BY USING THE APP AND/OR USING OUR SERVICES YOU AGREE TO THESE TERMS AND SO YOU SHOULD READ THEM CAREFULLY AS THEY FORM A CONTRACT BETWEEN US. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
1. Overview of the Service (in non-legal terms)
Subject to these Terms, we offer a VAT refund service by which we will submit an application to HMRC for a refund of VAT for the Goods you purchased from us and then forward you the amount of any refund awarded, after deducting our charges. As explained more fully in clause 5 (How to Make a VAT Refund Claim), below, you must tell the retailer that you are purchasing the Goods on our behalf at the time you make the purchase if you want to then submit a claim for a VAT refund. It’s important that you read these Terms to understand whether or not you are eligible to make a VAT refund claim and the process which you will need to follow. You should also pay close attention to clause 14 (Indemnity) which sets out your responsibility to us if you breach any of these Terms. Unfortunately, we cannot guarantee that you will receive a VAT refund if you submit a claim as this is at the discretion of HMRC. These Terms set out how the App and our Service works and your obligations to us, if you use the App and/or the Services.
2. About you
In order to use the App and the Services, you confirm that:
(a) You are over the age of 18
(b) You own the device onto which you have downloaded the App. Or, if you do not own the device, you have the owner’s permission to download the App. You will be responsible for complying with these Terms, whether or not you own the device.
(c) You are (i) an individual who resides outside of the European Union at the time that you visit the United Kingdom; or (ii) an individual who resides outside of the European Union and who is studying or working in the UK and who intends to leave the European Union for a minimum of 12 months (by the last day of the third month following that in which the goods were purchased); or (iii) a resident of the European Union who intends to leave the European Union for a minimum of 12 months (by the last day of the third month following that in which the goods were purchased).
(d) You will use the App and the Services in your personal capacity only and not for any commercial, business or re-sale purpose.
(e) You will transport any Goods for which you wish to make a VAT refund claim outside of the European Union by the last day of the third month following that in which the goods were purchased. You will not make a VAT refund claim in respect of any Goods which will remain in the European Union.
(f) All information which you provide to us is complete, accurate and truthful at all times. You agree that it is your responsibility to update this information if it changes and that we are not liable for any losses arising out of your failure to do so.
(g) You agree that we may carry out all necessary security and customer due diligence checks which we deem necessary in order to provide any Services to you, this may include, without limitation, money laundering checks, containing third party agencies. You agree to comply with any requests for further information which we make.
(h) You understand that we are not offering you any advice about whether or not you are eligible for VAT refunds and that HMRC will determine whether your claim is successful or not. You can find further details of the scheme and which Goods are eligible for a refund here: https://www.gov.uk/guidance/vat-retail-export-scheme-notice-704#para2-6. You should also note that only certain visas entitle you to make a VAT refund claim. Further information can be found here: https://www.gov.uk/guidance/vat-retail-export-scheme-notice-704#para2-4
(i) You agree that you will only submit one VAT refund claim in respect of any Goods listed on any Authorised Form (as defined below) which you submit to us. You understand that if you submit more than one claim, in breach of these Terms, we will cancel your application.
(j) You agree that if we have to contact you, we will do so by email and/or by telephone using the contact details you have provided to us.
3. About Refund Giant & How to Contact Us
Our registered office address is 86 Fulham Road, King Room, London, England SW3 6HR. If you want to learn more about the App or the Service or if you have any problems using them please contact us at firstname.lastname@example.org. You can also find answers to some frequently asked questions on our website (https://www.refundgiant.com/)
4. Your Privacy
(a) Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.refundgiant.com/privacy-policy and it is important that you read that information.
(b) Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
(c) By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
5. How to Make a VAT Refund Claim
You acknowledge and accept that:
(a) You will provide us with a scanned copy of your passport and/or your passport number and passport nationality, and a copy of your boarding pass to allow us to confirm that you are a non-resident of the European Union, along with any other information which we reasonably require in connection with your VAT refund claim (your “ID Document”).
(b) You agree that when you purchase the Goods, you will notify the retailer that you are purchasing the Goods on our behalf. You will pay the retailer for the Goods and request that any invoice is addressed to us. Other than is described in this clause 5(b), you have no authority to assert that you are authorised to act on our behalf.
(c) The legal ownership of the Goods will pass from the retailer to us at the point of purchase of the Goods. You will be responsible for the Goods from the point of purchase.
(d) You will notify us that you have purchased goods on our behalf from the retailer by providing us with a digital copy of the invoice/receipt by email (email@example.com) (“Retailer Invoice”).
(e) As soon you send us the Retailer Invoice, you effectively purchase the Goods from us on an “as is” basis for the same price as the one shown on the Retailer Invoice.
(f) No later than 24 hours before you are due to leave the European Union, you will notify us if you would like us to submit a VAT refund claim on your behalf by selecting the “Process Refund” function in the App. If you ask us to do this for you:
(i) We will send you, by email, a tax refund form for you to complete. You must complete this form and have it authorised by the Customs offices upon your departure from the European Union (typically, they will stamp the form to authorise it). Please note that the Customs office may request to see the Goods and/or original copies of the Retailer Invoice.
(i) You must then send us a copy of the stamped form (“Authorised Form”) to (firstname.lastname@example.org) as soon as possible and no later than 90 days after your departure from the European Union.
(iii) Provided we receive your ID Documents, the Retailer Invoice(s), the Authorised Form, and any other information which we may reasonable request, we will submit the VAT refund claim to HMRC.
(iv) If the VAT refund claim is successful (in whole or in part), and subject to clauses 5(g) and clause 5(h), we will pay the VAT refund to in £GBP Sterling you by Transferwise, in accordance with the instructions which you provide to us in writing (including by email). We are not liable for any bank charges, fees, or any currency exchange charges which may be applied in relation to this payment of or your receipt of the funds
(g) You acknowledge and accept that you alone are responsible for obtaining the Authorised Form and for obtaining and retaining all supporting documentation (including Retailer Invoices) relating to the Authorised Forms and the Goods listed therein.
(h) By submitting a VAT Refund request in accordance with the terms of this clause 5, you confirm that you purchased the Goods listed in the Authorised Form in the name of Refund Giant Limited and that you have subsequently purchased and received these Goods from us in exchange for the purchase price stated in Part B of the Authorised Form.
(i) You acknowledge that in order for us to submit a VAT refund claim on your behalf, the Retailer Invoice(s) which are the subject of the claim must total a minimum value of £0.
(j) You agree that if a VAT refund is successful, we will deduct a service charge equal to % of the VAT refund value from the amount which we pay to you (“Charge”). A Charge is only payable if the VAT refund is successful.
(k) You understand that if you fail to provide us with complete and accurate documentation (including ID Documents, Retailer Invoice(s) and/or an Authorised Form), that we will not be able to process a claim on your behalf.
(l) You agree that if you return any of the Goods which are listed on the Authorised Form (“Returned Goods”), you will notify us immediately and (in doing so) you authorise us to remove the Returned Goods from your VAT claim. In the event that we have already paid you any VAT refund money in respect of the Returned Goods, you shall repay this to us immediately.
(m) You acknowledge and accept that any decision to approve, partially approve or reject a claim is at the sole discretion of HMRC and we have no responsibility for its decision. We are not liable if any documentation submitted to HMRC is lost.
(n) If (i) HMRC authorises a VAT refund and then subsequently requires us to repay any VAT to HMRC as a result of a tax investigation or audit by HMRC, and/or (ii) if we have already made a payment to you in respect of a claim and then HMRC reject the refund claim, you agree that we shall be entitled to claim a reimbursement of the refund amount from you.
(o) You will comply with all UK laws and regulations relating to tax-free shopping and VAT refunds.
6. Your rights in relation to the Goods
Our initial purchase of the Goods on your behalf does not impact your consumer rights in relation to the Goods. Except for the Services provided pursuant to these Terms, we are not responsible for the Goods. You should contact the retailer and/or the manufacturer if you have any questions about the Goods, if you wish to request a refund, or if you experience any problems with the Goods.
7. App Store’s Terms & Third-Party Charges
(a) The terms and conditions of the app store from which you downloaded the App will also apply to your use of the App and you confirm that you have read an understood the relevant terms and conditions.
(b) In order to use the App you will need an internet connection. You are solely responsible for the payment of any and all charges incurred in relation to your use of the App on your device, including, without limitation, data charges.
8. How you may use the App
Subject to these Terms, we grant you a non-exclusive, non-transferable licence to use the App on your device for the purposes of these Terms. Your use of the App and the Services is on an “as is” basis, and we make no warranties about the availability, quality, performance of the App or the Services.
9. Changes to these Terms, the App and the Service
(a) We may need to change these Terms reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of the changes when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
(b) From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
(c) If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. The App will always work with the current or previous version of the operating system (as it may be updated from time to time).
10. Licence Restrictions
You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App, documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(ii) is not used to create any software that is substantially similar in its expression to the App;
(ii) is kept secure; and
(iii) is used only for the Permitted Objective;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
11. Acceptable Use Restrictions
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these Terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
12. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the documentation or the Services other than the right to use them in accordance with these Terms.
13. Our Responsibility For Loss or Damage Suffered By You
(a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
(b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
(c) We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(d) We are not responsible for events outside our reasonable control, including (without limitation) if there are delays in your use of the Services or the App.
(e) We are not liable for any technological problems, including, without limitation, viruses or harmful material that may infect your devices related to your use of the Services.
(f) Without prejudice to clause 13(b), our maximum liability to you in all circumstances is the amount of your VAT refund claim.
You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach or negligent performance or non-performance of these Terms.
15. We May End Your Right to Use the App and the Services if you Break These Terms
We may end our contract with you at any time by giving you ten (10) days written notice. We may end your rights to use the App and Services immediately if you have broken these Terms in a serious way and you have not corrected the matter in a reasonable timeframe, where we’ve asked you to do so. This includes, without limitation, if:
(a) The Goods which are the subject of the Services are not eligible for a VAT refund based on HMRC’s rules and regulations;
(b) You provide us with inaccurate, incorrect, false, incomplete or misleading information;
(c) You have already applied or are apply for another VAT refund claim in relation to the same Goods described in the Authorised Form;
(d) We suspect you are acting illegally.
16. Additional Legal Terms:
(a) We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
(b) This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
(c) Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
(d) If we delay in enforcing this contract, we can still enforce it later.
(e) These Terms are governed by English law and you can bring legal proceedings in respect of the contract, the App and the Services in the English courts.
App means the mobile application software and any data supplied with the software.
Goods means tangible goods purchased from a VAT registered UK retailer and which are intended for your private use and exported in your personal luggage.
HMRC means Her Majesty’s Revenue and Customs in the United Kingdom, or any other another body authorised by it to process VAT refunds in the United Kingdom.
Services means all products and services offered by us, including the App and our website.