These Terms and Conditions of the BRAND4U Program (hereinafter referred as the “Agreement”) operate between:
BRAND4U ITALY S.R.L. if the purchase made in Italy
BRAND4U FRANCE S.A R.L if purchases made in France
BRAND4YOU S.L. if the purchase made in Spain
BRAND4U GMBH, if purchases made in Germany
(hereinafter referred as “BRAND4U” or “Company”) and you (“You” or “Customer”).
In the future, the Client and the Company are collectively referred as the “Parties”, and each individually as the “Party”.
This Agreement shall enter into force after you click the “Accept” button.
In accordance with the mutual arrangements set forth in this Agreement and other important and relevant provisions, the Parties have agreed on the following:
- Definition of terms
- Terms (“Terms” or, to an equal extent, “Agreement”) means this agreement entered into between the Customer and the Company in the form of a public offer (hereinafter referred to as the “Public Offer”) for the Parties to achieve the Business Objective;
- Partner means a legal entity that maintains relations with BRAND4U, which does not contradict the current legislation;
- The BRAND4U program means a package of the Company’s services related to marketing programs and solutions, discounts, bonus systems offered by the Company and its Partners to Customers, including programs for joint and individual purchases. BRAND4U services are not limited to the above and may be supplemented, including VAT recovery management services;
- A business objective means the purpose of this Agreement because of:
The client receives benefits, including those provided by the BRAND4U Program, in the form of discounts and bonuses provided by the Company and Partners, as well as additional services for managing VAT refund procedures when the Customer purchases in the territory of the European Union;
The company implements the BRAND4U Program among its customers in order to receive remuneration for the services provided under this Program;
- VAT means value added tax;
- The Regulation on Regulatory Control of VAT Reimbursement means Directive 2006/112 / EC;
- Personal data means information about the Customer provided to the last Company at the time of registration with the mobile application TaxFree4U for the purposes of implementing this Agreement, which the Company uses to achieve the Business Objective. In addition, the Client gives the Company permission to collect, store, process and provide such Personal Data to third parties in accordance with the Regulation on Regulatory Control of Personal Data Protection;
- The Regulation on the regulatory control of the protection of personal data means Directive 97/66 / EC, Directive 95/46 / EC, Directive 2002/58 / EC;
- A retailer (Retailer) means a retail company located in the territory of the European Union that is a VAT payer who sells the Goods in accordance with the terms of this Agreement and applicable law;
- Goods means goods purchased by the Client on behalf of and in the interests of the Company, which are subsequently sold by the Company to the Client in accordance with the terms of this Agreement;
- Point of sale means the address of the Company;
- The mobile application TaxFree4U means a program for mobile devices developed for the Client for the convenience of using the Company’s services. After registration, the Customer must be assigned a unique identification number, based on the latter is provided with the services of the Company within the framework of the BRAND4U program.
- The key terms of the Program
2.1. New clients and Retailers join the BRAND4U Program on a voluntary basis.
2.2. Partners of the Company determine the volumes and procedures of the benefits provided to the Clients themselves.
2.3. The company informs to clients and Partners about all current and planned discounts, promotions, bonus programs, which knows about, and provides information support to customers during purchases, etc. to provide customers with the opportunity to achieve the Business goal.
The Company may provide such information to the Customer at the address provided in the registration process in the Mobile Application TaxFree4U. The client has the right to refuse to receive information about current and planned discounts, promotional campaigns, bonus programs of the Company, Partners and Retailers.
2.4. In the event that the Customer does not fulfill or improperly fulfill these Conditions, he / she is deprived of the right to recover damages.
2.5. The Company takes all possible measures for the development of the BRAND4U Program and the achievement of the Business objective provided for in this Agreement.
2.6. The company is constantly working to expand the network of retailers, attracting the number of partners that grant privileges to the client under this Agreement.
2.7. The Company ensures that Retailers fulfill their obligations to customers to provide benefits, but does not responsible for illegal actions of Retailers and third parties.
2.8. In the event of termination or suspension of the operation of the BRAND4U Program, the Company shall inform the Client about this in any manner.
2.9. The Company may terminate or suspend the operation of the BRAND4U Program, and the provision of all benefits can be stopped or suspended. The Company is not liable for any loss or damage to the Customer that may arise in such circumstances.
2.10. The Company does not responsible for the information provided by the Retailers and Partners, as well as for any direct or indirect damage or loss of profit by the Customer, even if this is the result of the use or inability to use the BRAND4U Program.
2.11. The Customer agrees that any and all responsibility for the quality of the Goods purchased by the Customer is borne by the Retailer, from whom the Customer originally acquired Goods.
- Conditions for providing benefits to the Client in the form of discounts and bonuses
3.1. In the event that the Customer provides inaccurate information, the Company does not responsible for possible adverse consequences for the Client.
3.3. In case of unreasonable refusal by the Partner or Retailer to provide the declared benefits, the Client must notify the Company in writing about it within 5 working days from the receipt of the respective refusal.
- Customer authorization conditions
4.1.1. According to the rules of the GDPR provides personal data to the Company (including but not limited to originals and scanned copies of the identity document) in order to verify the identity of the Customer and his / her status as a non-resident of the European Union, and authorize the Company to collect, store, process and provide such data to third parties, with a view to providing clients with services under the BRAND4U Program;
4.1.2. Loads the Mobile application TaxFree4U for managing services using the BRAND4U Program;
4.2.1. Accepts and verifies the Customer’s Personal Data. For the purpose of full verification of identity, the Company may use the Customer’s bank card number and assign the Customer an individual security identification code and password.
- Terms of purchase of the Goods by the Client
5.1.1. By entering into relations with the Partner or Retailer on behalf of and in the interests of the Company, the Client acts as an agent of the Company on the basis of agency legal relations described in this Agreement;
5.1.2. Acting as an agent of the Company, acquires the Goods at points of sale of Partners and Retailers at their own discretion and at their own expense, acting on behalf of and in the interests of the Company. In addition, the Client has the right to independently choose the Partner and Retailer, the Goods, the value of the Goods and other significant transaction conditions;
5.1.3. Before the purchase, the Goods inform the Partner and / or Retailer of their status as an agent of the Company by providing the information necessary for billing on behalf of the Company;
5.1.4. Pays the Item for own account;
5.1.5. Gives the consent that the goods, purchased by him / her, indicated in the respective accounts, are considered to be acquired in the interests of the Company, and the right of ownership to the Goods passes to the Company at the time of purchase;
5.2.1. Provides the Client with marketing and other information about the Goods, including information on the possibilities of the BRAND4U Program, special discounts and marketing programs of the Company, Partners and Retailers;
5.2.2. Provides information and consulting support in the activities of the Client.
- Informing the Company about the purchase of the Goods by the Client
6.1.1. Inform the Company in any convenient way about the date and time of departure / crossing of the EU border by the Client;
In case of changing the date / time of departure / crossing the EU border, the Client informs the Company by changing the customer’s account or in any other way convenient for the Client;
After purchasing and filing all relevant documents, it is required to make clear photographs of the invoice / invoices or commodity checks for the purchase of the Goods and download qualitative and legible photos of the Goods Checks and / or Retailers’ merchandise vouchers (invoices) using the TaxFree4U Mobile application, no later than 24 hours before the EU border crossing (the first point of departure from the EU);
6.1.2. In the event that it is not possible to load a sales receipt (invoice) using the TaxFree4U Mobile application, the Client provides the Company with the above documents in a convenient way for him / her.
6.2.1. Assigns a verification code to the appropriate purchase;
6.2.2. Confirm receipt of sales checks (invoices) for their processing and inform the Customer of this by sending an electronic notification or using the Mobile application TaxFree4U;
6.2.3. Communicates with the Client for the purpose of identifying his / her identity using his / her name, individual identification code and security password, notified to the Client during the registration procedure, marks the date and time of departure / crossing of the EU border by the Client.
- Terms of delivery of the Company’s Goods by the Client
7.1.1. Provides the Company with the Goods and goods checks / invoices for the relevant Goods in the Point of Sale;
7.1.2. Provides the Company with the Goods without any damage to the packaging and in its entirety. The quantity and description of the Goods must correspond to that indicated in the commodity checks / invoices. The Company has the right to refuse acceptance of the Goods purchased on its behalf by the Client and to cancel the transaction with the Partner and / or Retailer if the Client provides it with a defective package or in damaged condition, and also if the Customer has drawn up documents for the Goods in an improper manner;
7.1.3. Grants consent to the application of quality assurance of the Goods in accordance with the current legislation or in accordance with the rules of the manufacturer of the Goods;
7.1.4. The customer pays the costs incurred to supply the Goods to the Company’s Sales Point.
- Terms of sale of the Goods to the Client
8.1. The Company sells the Goods delivered to it pursuant to clause 7.1 of this Agreement at the Point of Sale at the price at which it was purchased by the Company from the Partner and / or the Retailer (without any additional fees and charges).
8.2. The parties agreed that the above transaction is an agreement for the sale of the Goods, the Company acts as a seller, and the Client as a buyer under the Regulation on the regulatory control of VAT refund.
8.3. The Company issues to the Customer a corresponding goods receipt / invoice and a VAT Refund Form, filled in by the Company, at the Point of Sale.
8.4. After the purchase of the Goods by the Client at the Point of Sale, the ownership of the Goods passes from the Company to the Customer.
8.5. If the Customer refuses to purchase from the Company the Goods purchased by him / her from the Partner / Retailer for the Company, the Customer undertakes to compensate the Company for the cost of such Goods.
8.6. If the Customer wishes for VAT refund, he / she must provide the original of his passport.
8.7. At the time of the sale of the Goods to the Client, the Company checks the original of the Client’s passport and other documents proving that he is not a resident of the European Union and the right to VAT refund.
- Conditions for offsetting counterclaims / obligations of the Parties
9.1. The parties agreed that during the purchase of the Goods from Partners and / or Retailers on behalf of and in the interests of the Company, the Customer pays for the Goods at his own expense and transfers such Goods to the Company without compensation (compensation) of funds spent by him / her for purchase of such Goods.
9.2. The parties agreed that after the sale of the Goods to the Client in accordance with the provisions of paragraph 8, the Company did not receive any payment for such Goods.
9.3. The parties agreed that in accordance with paragraphs 9.1. and 9.2 of this Agreement, both the Company and the Client have similar requirements / obligations to each other, which they have agreed to mutual offset.
9.4. The parties agreed that after a mutual offset of counter classed claims / obligations, there is no debt left between them.
- Conditions for refunding VAT to the Client
10.1. A customer who is an EU non-resident can exercise the right to VAT refunds if he / she leaves the EU territory before the end of the third month from the date of the relevant purchase, which is classified as goods covered by the current VAT refund laws to a private person who is not a resident of the EU.
10.2.1. Provides merchantability, marking and packaging of the Goods before crossing the EU border;
10.2.2. After departure from the territory of the EU, the VAT Declaration (VAT Refund Form) is stamped by the customs authority and, if necessary, stamped on commodity checks issued by the Company at the time of the purchase of the Goods.
10.2.3. After the stamp is stamped by the customs authority on the original VAT Refund Form and the Goods receipt, the Client returns to the Company the full package of documents within the time limits established by law, if they do not need to remain with the representative of the customs authority. If the Client encounters difficulties in connection with the return of the Company’s documents, he must receive advice from a representative of the Company on such phone numbers:
As for France (FR): +33980091018
As for Germany (DE): +4932211078904
As for Ukraine (UA): +38 044 2235384
10.2.4. Receives VAT refund, except for the Company’s administrative expenses in the amount established by the Company in the future, within 90 (ninety) business days to any Client’s bank account.
10.3.1. At the point of sale, the original passport of the Client is checked and any other documents confirming its status as a non-resident of the European Union and the right to VAT refund, then fills in and passes to the Client a VAT refund form, signs it, verifies that the Customer has also signed it and transfers it to the Client;
10.3.2. Provides reimbursement of VAT to the Client, net of administrative expenses agreed between the Parties, as follows:
Italy: 22% of VAT refundable;
France: 20% of VAT refundable;
Spain: 21% of VAT refundable;
Germany: 19% of VAT refundable;
10.3.3. Reimburses VAT to the Customer only if the latter provides the Company with all necessary documents regarding VAT refunds required by the law of the country in which the Company in compliance with such legal requirements carries out such compensation.
10.3.4. It is right to refuse to return the VAT to the Customer if the documents submitted by the Client do not comply with the legislation of the country of operation of the Company and do not allow the Company to refund VAT to the Client.
- PROHIBITION OF DOUBLE VAT REIMBURSEMENT
11.1. It is strictly forbidden and it is illegal to apply for VAT refunds on one account / invoice / cash receipt to more than one person refunding VAT.
11.2. VIOLATION OF PROVISIONS 11.1. THIS ARTICLE MAY RESULT IN AN ADMINISTRATIVE OR CRIMINAL LIABILITY OF THE CUSTOMER DEPENDING ON THE COUNTRY IN WHICH THIS VIOLATION HAS BEEN DONE. THE COMPANY WILL IMPLEMENT VERIFICATION OF EACH SUCH DISTURBANCE IN COOPERATION WITH THE LAW ENFORCEMENT BODIES OF THE EU COUNTRIES.
11.3. Addressing the Company for VAT refund, the Customer hereby confirms and warrants that the latter has not applied and will not apply to third parties for VAT refunds for one and the same invoice / invoice / cash receipt.
11.4. Referring to the Company for VAT refund, the Customer hereby confirms and guarantees that the latter has not applied and will not apply to third parties for VAT refunds on the same account / invoice / cash receipt.
- Prohibition of competition
The Сlient has no right to act directly or indirectly as an agent of any other person or organization that are competitors of the Company.
- Costs of the Client
Unless otherwise provided in the provisions of this Agreement, the Customer pays all operating expenses and costs incurred by him during the performance of personal obligations under this Agreement.
- Independent Client Status
The client is an independent counterparty. No provisions of this Agreement shall be deemed to provide for the development, creation or implementation of a partnership, joint venture or employer-employee relationship between the Parties.
- Term of the Agreement
15.1. This Agreement is conclude for an indefinite period.
15.2. The Customer agrees that the Company has the right to terminate this Agreement unilaterally at any time by informing the Client thereof.
- Termination of the Agreement
16.1. Each Party has the right to terminate this Agreement by sending a preliminary notice at least 30 days before such termination.
- Force Majeure
Neither Party shall be liable or be considered to be a violator of this Agreement in the event of late performance or failure to comply with the terms and conditions of this Agreement as a result of circumstances that do not depend on the will of such a Party, particularly in the event of the adoption of certain decisions by government or government bodies , wars, strikes, insurrections, civil unrest, sabotage or other popular unrest, accidents, fires, floods, explosions, damaging technical facilities, limitations associated with epidemics, the imposition of quarantine or other reasons, or in case of other force majeure.
A party facing such circumstances must immediately notify the other Party in writing. If such circumstances continue for more than 6 (six) consecutive months, any Party may terminate this Agreement by sending a written notice to the other Party.
- Changes and additions
18.1. The Company has the right to make changes and additions to this Agreement at any time.
18.2. The Company shall notify the Client of any change in this Agreement by sending a relevant message to the Customer’s e-mail address provided by him / her at registration.
- Assignment of rights
The Customer confirms that he must execute this Agreement personally and his / her rights under this Agreement are not subject to assignment, transfer or delegation in completely or in part.
- The exhaustive nature of the Agreement
This Agreement constitutes the entire agreement between the Parties, supersedes all previous written and oral agreements, statements, and agreed questions between the Parties with respect to its subject matter.
The Parties confirm that they have not concluded this Agreement based on any statements that are not expressly included in this Agreement. No provisions of this Agreement shall exclude liability for fraudulent activities.
- Separate provisions
If any provision of this Agreement becomes prohibited by law or declared by the court to be illegal, invalid or unenforceable, such provision, where necessary, is withdrawn from the text of this Agreement and declared null and void without, if possible, amending other provisions this Agreement, which in no way affects other circumstances or the legal or legal effect of this Agreement.
Neither Party makes any public statements on behalf of the other Party and does not disclose any information relating to this Agreement, except as provided by applicable law.
23.1. Any notice to the Client must be in writing and sent to the e-mail address.
- The Company’s policy on combating the legalization of proceeds from crime and personal data of the Client
In accordance with the Recommendations of the Working Group on Combating Financial Crimes (FATF) to ensure an effective regime to combat the legalization of proceeds from crime and financing of terrorism, published in 1990, the Company conducts the Client’s checks in accordance with the provisions on combating the legalization of income , obtained by criminal means, and his participation in the detection of cases and prevention of any activity related to the legalization of proceeds from crime and the financing of terrorism, and Also check for possible use of its products and services for the legalization of proceeds from crime. Identification of possible risks of legalization of proceeds from crime, during the execution of transactions or cooperation with customers, allows the Company to respond appropriately control and reduce such risks. In order to identify the Client, the Company uses data from open sources and conducts additional internal audits (in particular, for identifying double accounts, confirming the identity of the account holder, etc.) in order to identify the Client and obtain all necessary information about the Client, the purpose and nature of the activities planned by him. The Company receives and reflects in the documents any additional information about the Client and assesses the risk of legalization of proceeds from crime by applying a risk-based approach. The Customer authorizes the collection, storage, processing and transfer of personal data to third party partners of the Company in order to fulfill the terms of this Agreement.
The customer has the right to VAT refund if he leaves the territory of the EU within three months from the date of purchase and if he purchased the goods in respect of which the regulations of the current legislation on VAT refund to persons, non-EU residents are applied.
– Guarantees the integrity of the presentation, labeling and packaging of goods before crossing the border;
– When leaving the EU, the customs stamp must be on the sales receipt and / or an additional check of the retailer, depending on the circumstances depending on the policy of the retailer;
– After receipt of the stamp of the customs on the original of the cashier’s check and / or additional check of the retailer, the Client returns to the Company all the documentation no later than 14 days from the date of crossing the EU border. If the Client encounters difficulties in returning the Company’s documentation, specialists of the Company’s call centers will assist the Customer;
– Payment of compensation to the Client is effected by bank transfer (excluding the Company’s Remuneration) within 90 (ninety) business days from the date the Company receives the original cash receipt and / or additional check with the stamp of the customs office;
– Payment of compensation to the Client can be made in advance or after the Company receives a corresponding VAT refund from the trader / retailer / store, less the Company’s Remuneration.
– The client must provide the Company with all necessary information in order for the Company to fulfill its obligations under this Agreement;
– The client bears full responsibility for the accuracy and completeness of the information provided by him / her;
– In case the Customer does not provide the relevant information to the Company, all additional payments and / or expenses arising from such failure are borne by the Customer;
– The Customer shall indemnify and hold harmless the Company from any claims, damages or claims arising out of negligence, willful or other actions of the Client.
– The Company has the right to receive from the Customer a Remuneration regardless of the result achieved in the event of non-compliance by the Customer with the terms of this Agreement and / or improper execution of instructions provided by the Company to the Client;
The Company does not bear responsibility and does not compensate losses caused by: third parties not authorized by the Company, including unauthorized third party access; failure by the Customer to perform its duties and / or failure to comply with the instructions provided by the Company; in case of loss or damage of information in the course of its transfer, caused by third parties.
– IN ACCORDANCE WITH THIS AGREEMENT AND IN THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND RULES, THE COMPANY DOES NOT AFFECT WHETHER IN ANY WAY OF RESPONSIBILITY TO THE CUSTOMER OR THIRD PARTY, FOR PHYSICAL DAMAGE OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION , DAMAGES FROM PROSPECTIVE EXECUTION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF INTANGIBLE ASSETS, BREACH OR OTHER BUSINESS LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE PROVISION OF SERVICES. UNDERSTANDING BY THE CUSTOMER, RECOGNITION AND ACCEPTANCE BY THE CUSTOMER OF THIS AGREEMENT IS THE LEGAL FRAMEWORK OF THE RIGHTS OF THE AGREEMENT ACCORDING TO THE PRESENT AGREEMENT.
– must check the documents proving the identity of the Client and any other documents confirming his status as an EU non-resident giving him the right to receive a VAT refund, including a check from the retailer and / or an additional check from the retailer that must have a stamp of the customs;
– Should ensure the organization of VAT refund based on the Customer’s order, if the Client has met all the conditions of this Agreement;
– must ensure payment of the VAT refund amount paid by the Client when purchasing the Goods from the Retailer and which is subject to reimbursement in accordance with the legislation regulating VAT refund, less the amount of the Company’s Remuneration;
– The Company has the right not to carry out the assignment, if the Customer has violated the terms of this Agreement.