Terms and Conditions of Use Inovat
Welcome to the Inovat Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
- Outline your legal rights on Inovat
- Explain the rights you give to us when you use Inovat
- Describe the rules everyone needs to follow when using Inovat
Please read these Terms carefully. If you'd like more information you might find it helpful to read our FAQs. (The FAQs don't form part of our agreement with you). We hope you’re looking forward to a great shopping spree and your VAT refund. Here we go!
Thanks for choosing Inovat BV (No.0778.288.012), a company registered in Belgium under the registered address: Leonardo Da Vincilaan 19 A bus 8, 1831, Diegem, Belgium (“Inovat”, “Company”, “we” or “us”). Inovat web application (“Web”) and Inovat mobile application (“App”) provide an easy and digital way to receive VAT refunds for purchases made of certain goods in the applicable country where the Inovat service is available through filing the VAT refund application with the respective authority for the goods you purchased from us and issuing you a refund amount exclusive of handling Fee (respectively, “VAT Refunds” or “Service”). Users of our Service (“User” or “you”) may only use Inovat in accordance with the terms and conditions hereunder.
- Inovat Service is only offered for non-EU residents, in the applicable country, and within specific exit points (airports) of the applicable country. The Services will only be offered with regard to the purchase of tangible, movable and eligible goods (“Goods”) intended for the User’s private use amounting to a total combined sum of not less than 125 euros which are exported to a non-EU destination by the User before the end of the third calendar month following the month in which the purchase takes place.
- Inovat can only accept invoices and receipts from the applicable country and can only handle passengers leaving the EU directly to a non-EU destination. Invoices and receipts from other countries will be automatically rejected without further notice, as well as passengers leaving the EU through non-supported exit points.
- Upon registration as a user of the App and/or Web, we are required by law to carry out all necessary security and customer due diligence checks on you in order to provide any Services to you. You are required to provide personal data including but not limited to the scanned copy of the passport in order for Inovat to check your status as a non-resident of the European Union. All information that you provide must be current, complete and correct at all times. We may ask you to provide us with additional supporting documents confirming the accuracy of your provided information at any time. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us.
- During your visit to the applicable country, while making purchases, you need to make an image of each invoice addressed to Inovat into the App and/or Web, while still at the store, making sure the invoice is not associated with another tax-free service.
- Once you finish your purchases and subject to these Terms, we will issue an invoice to you which is available at App and/or Web which you will have to present to the customs authority. Once at the airport, prior to your planned departure from the applicable country, you should obtain a confirmation from the customs authorities that your export formalities for the respective Goods are completed. Once a request is submitted, we will do our utmost to receive approval of your refund request and process the refund for you as quickly as possible.
Acceptance of the Terms and Registration
Our App and/or Web are available only to individuals who are:
- Possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law; and
- At least eighteen (18) years old.
You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
We are required by law to carry out all necessary security and customer due diligence checks on you in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us.
All rights in and to the content available in App and/or Web, are reserved to Inovat.
By entering into the agreement with us, you acknowledge and agree that:
- You should act as a disclosed agent of Inovat to enter into an authorised sale and purchase of Goods agreement with a Retailer.
- Your declaration to enter into the sale and purchase of Goods contract with the Retailer on behalf of Inovat should imply its offer to sale and purchase the Goods from Inovat and the acceptance of that offer on behalf of Inovat.
- The authorisation shall be subject to these Terms and is limited to engagement with retailers that operate in the applicable country (the "Retailer"). Otherwise, you are free to choose the Retailer and the Goods to be purchased.
Agreement between Retailer and Inovat
As an agent of Inovat, you will enter into a sale and purchase agreement between the Retailer and Inovat by selecting the Goods, paying the price and requesting an invoice (the "Retailer's Invoice") to be addressed to Inovat.
You should disclose the fact that you act as an agent on behalf of Inovat towards the Retailer (this can be done by showing a message available in the App and/or Web to the Retailer) and request a Retailer's Invoice addressed to Inovat. You undertake to fulfil Inovat’s obligation to pay the purchase price in full and without a delay to the Retailer as it would be if you were not acting as an authorised representative of Inovat. The authority to sell the Goods will pass from the Retailer to Inovat upon receipt of full payment for the Goods by the Retailer.
Subsequently and without undue delay, you should provide Inovat with the digital image(s) of the Retailer's Invoice via the App and/or Web. You should verify that the Retailer's Invoice issued by the Retailer is addressed to Inovat as the Retailer’s contractual addressee. Inovat will validate the Retailer's Invoice and if successful conclude the sale and purchase agreement by assigning you a unique ID.
Agreement between Inovat and you
You agree to purchase from Inovat on an "as is" basis the same Goods immediately after a valid sale and purchase agreement has been concluded for those Goods between the Retailer and Inovat. Inovat grants you the necessary authority to conclude this sale and purchase agreement with yourself, as a selling agent and on behalf of Inovat.
Subsequently, Inovat will issue an invoice (the "Inovat Invoice") to you with your unique ID on it. Your obligation to pay the purchase price under this sale and purchase agreement with Inovat will be settled by means of a fee charged for reimbursement. No indebtedness shall remain between you and Inovat.
Your consumer rights
Your consumer rights can be exercised in full as provided by Retailers to Inovat despite purchasing the Goods from Inovat, and there is no limit or revocation of these rights. Such rights may include returning Goods or requesting a full or partial refund for faulty, damaged or incorrect Goods. We, therefore, assign to you any warranties, refund, or exchange guarantees offered by the Retailer for the Goods under the terms of the sale and purchase agreement between the Retailer and Inovat. You undertake to hold us harmless against any liability, cost, loss or damages resulting from any Goods claims that you may have.
The following terms shall apply to Inovat Service:
- Inovat shall charge a variable service fee of the VAT refunded to you which will be based on your purchase amount (“Fee”). The Fee will be displayed at Inovat Invoice and App and/or Web.
- You must obtain an Inovat Invoice from Inovat within the App and/or Web for obtaining your VAT refund;
- You are required to provide information regarding your eligibility as an international traveller, destination and trip dates and the purchases you made during the trip. Such information may include: your city of visit in the EU; your country of residence; your full address, including street, city, country and postal code; the dates of your arrival to and departure from the EU; a photocopy of your passport; a photocopy of your flight boarding pass; and images of the Retailer's Invoices and receipts applicable to all purchases for which you are claiming a VAT refund. Additional information may be required from you for the sole purpose of proving your eligibility as an international traveller exporting the Goods outside the EU.
- Please note that Retailer's Invoices uploaded to App and/or Web must be legal, comprehensive and properly photographed and must clearly indicate, among other things, the name of the shop, address of the shop, identification number of the shop, description of the items purchased, the VAT exclusive unit price, the discounts or price reductions, the quantity and nature of the Goods supplied, the date on which the Goods or services were supplied and the total unit price (including VAT). You hereby agree and acknowledge that without providing us clear, full and accurate details, as listed above, we will not be able to process your VAT refund claim and provide the Service.
- Any services or food items or Goods which were consumed within the EU are not eligible for a VAT refund. EU member states may impose other limitations on items’ eligibility for a VAT refund, Inovat will, in turn, impose these limitations when validating VAT refund requests. A VAT refund will only be approved and provided if products are exported from the EU and meet the relevant member states’ edibility criteria and guidelines for approval of a VAT refund.
- Inovat will organise the VAT refund based on the information and documents provided by you and in line with the legal obligations within the tax law of the relevant EU member state.
- The applicable Tax authority and Customs agent have the ultimate power to approve, reject or partially approve VAT claims and Inovat does not take any responsibility for their decisions.
- In the examples where a VAT claim is approved either partially or in full, Inovat is liable to make out a payment in a timeline of up to 30 business days of receiving the relevant VAT documents/confirmations from the applicable tax authorities.
- Inovat must receive the digital stamp electronically within 90 days after the User's departure from the European Union.
- Inovat will use the best possible payment provider at its sole discretion at the time of issuing the VAT refund to the User.
- The receiving local bank or online payment processor may charge fees that Inovat has no control over and is not liable for.
- Users are responsible for making the arrangements necessary to access our Web and/or App such as paying for internet fees.
- Users agree not to use Service for any business or commercial purposes.
- Inovat has the authority to decline service and/or access to our Web and/or App.
- Inovat can suspend, withdraw, discontinue or change all or any part of our Web and/or App without notice. Inovat is not liable to the Users if, for any reason, our Web and/or App is unavailable at any time and/or for any period.
- Users agree that Inovat has the ability to decline provision of services and will carry no liability for the operation of VAT refunds or any other liability if:
- The information provided by the User is incorrect, incomplete inaccurate, outdated, false or misleading;
- The User has already applied for a refund of the Goods; and/or
- Inovat believes that the User is committing fraudulent activity.
- The Retailer is in breach of the sale and purchase agreement between themselves and Inovat.
- The applicable customs/tax authority is of the opinion that you are not entitled to the tax refund.
Unless explicitly permitted under these Terms you may not:
- use the App and/or Web and/or the Content for any illegal, immoral, unlawful and/or unauthorised purposes;
- remove or disassociate, from the Content and/or the App and/or Web any restrictions and signs indicating proprietary rights of Inovat;
- interfere with or disrupt the operation of the App and/or Web or the servers or networks that host them, or disobey any laws, regulations, procedures, or policies of such servers or networks;
- falsely state or otherwise misrepresent your affiliation with Inovat or imply that Inovat endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App and/or Web or Inovat Service;
- copy, distribute, modify any portion of the Content and/or Inovat Intellectual Property;
- create a database by systematically downloading and storing any data from the App and/or Web;
- transmit or otherwise make available malware or any other harmful components in connection with the App and/or Web;
- create duplicated accounts for the same user, unless specifically authorised and agreed by us in writing; and/or
- infringe and/or violate these Terms.
Your failure to comply with the above provisions may result in the termination of your access to the App and/or Web and may also expose you to civil and/or criminal liability.
- Inovat has the right to block users from accessing the service and will make all the necessary steps to delete any User data in regard to such User, if it comes to Inovat knowledge that a person under eighteen (18) years old is using Inovat service.
- Inovat must collect personal data about Users to provide the Service under these Terms.
- Users give permission to gather and process personal data for the purpose of providing service by entering into an agreement with Inovat.
- Under data protection law this doesn’t affect any rights or obligations that users or Inovat have.
- Users can withdraw the permission anytime by deleting the account, which will be the end of the agreement between Inovat and the User.
- When the user withdraws the permission, Inovat stops using User’s information for the purpose of providing Inovat service but Inovat must keep it for other legal reasons e.g. audit control and others.
- Your agreement to these Terms is taking place once you tick the box in front of our Terms and Conditions section during the account registration process.
Changes to the Terms
This Agreement supersedes and extinguishes all previous agreements between you and Inovat, whether written or oral, relating to its subject matter. Inovat may, in its sole discretion, amend these Terms from time to time, including any other policies incorporated thereto. Amendments to these Terms are effective as of the stated last revised date and your continued use of the App and/or Web on or after the last revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event where these Terms should be amended to comply with any legal requirements, the changes may take effect immediately, or as required by the law, without any prior notice.
Termination of service
Inovat may prevent the users from using the service by blocking users account to meet Inovat’s legal obligations. This can be done if the user violates the contractual obligation and/or the Terms. Once the contract between the User and Inovat is terminated, the User is not acting on behalf of Inovat.
The provisions of the Liability Limitation, Warranties, Intellectual Property and General sections will survive the termination or expiration of the Terms.
Inovat is not liable for any damages arising from the Service provided by Inovat or from the failure to perform these Terms.
In no event will Inovat and its representatives be liable for:
- Any loss or damage whatsoever, including but not limited to, direct, indirect, special, incidental, punitive, consequential or exemplary; and
- Any loss of use, loss of business, loss of profits or damage to devices. In all cases resulting from or arising out of the use of App and/or Web or inability to use the App and/or Web and/or the content and/or the failure of the app to perform as expected, or from the failure of Inovat to perform under these Terms regardless of whether Inovat has been warned of the possibility or likelihood of those damages and even if remedy fails of its essential purpose.
App and/or Web and the content available therein are provided on an “as is” basis. Inovat will not be liable for any damages or loss incurred to you or any other person as a result of or in connection with your use of App and/or Web, the content and the services. Your use of App and/or Web, the services and/or the content is entirely at your own risk. Inovat does not, either expressly or implicitly in any manner assume any responsibility for any loss, injury damages incurred as a result, or in connection with, the use of the service or any decision made, or action is taken or not taken in reliance on the use of the service. We do not guarantee that any of the Users’ needs will be fulfilled or that your VAT refund request, or any part thereof, will be approved.
This section applies to the maximum extent permitted by applicable law.
You agree and understand that to the maximum extent permitted by applicable law, the App and/or Web, the Services and the content are provided on an “as is” and “as available” basis without express or implied warranty or condition of any kind. Inovat and its representatives make no representation and disclaim any warranties or conditions of satisfactory quality, fitness or non-infringement. Inovat and its representatives do not warrant that:
- Service is free from malware or other harmful components; and
- That the use and operation of the App and/or Web is or will be timely, accurate, uninterrupted, without errors, secure or free of other program limitations; Inovat will not be responsible for any error, fault or mistake related to any content and information displayed within the App and/or Web.
Inovat and its representatives are not responsible for any consequences that may result from technical problems in relation to the App and/or Web to you. You understand and agree that the use of the App and/or Web and/or the content is entirely at your own risk.
Changes to App and/or Web
- Inovat has the right to correct, change, amend, improve or make any other change to the App and/or Web (including but not limited to Content) without any prior notice at any time.
- Inovat is not liable for modification and/or discontinuation of the App and/or Web and/or Content to Users and/or any third party.
- Inovat is not responsible for any error or malfunction that may occur in connection with performing those changes.
- Inovat is not liable to supply any updates to the App and/or Web but if Inovat decided to do so, it is not required to notify the user and/or change the terms unless it relates to a separate licence agreement which is superior.
- Inovat owns the intellectual property in all products related to Inovat e.g. content in App and/or Web, logo, service marks, etc.
- Users must not use Inovat’s intellectual property as their own or reproduce Inovat’s products as their own.
How to contact us or make a complaint
If you're unhappy with our service and have any comments or questions, please let us know about it. We will do our best to improve and assist you with your queries. You can contact us through the support chat within our App and/or Web or write us an email at email@example.com
- This contract and agreement are personal to you or any non-contractual matters from or in relation to it are only related to you.
- User accepting these Terms cannot transfer any obligations or rights to anyone else.
- Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, changes to such paragraphs will be adopted immediately upon such revelation, the remaining paragraphs will remain in full force and effect.
- The laws of England apply to these Terms.
- If the user wants to take legal action against Inovat, only the court of England can deal with any matter relating to these Terms.