We are Airvat Ltd, registered at 20-22 Wenlock Road, London, N1 7GU, United Kingdom (Company number 11088285), and its wholly owned subsidiary Airvat EURL, registered at 10 rue de Penthièvre, 75008, Paris, France (SIRET 900 847 096 00014) (“Airvat”, “we”, and/or the “Company”).
How to contact us. You can contact us by emailing us at info@airvat.com
How we may contact you. If we need to contact you, we may do so via your registered account, by telephone or by writing to you at the email address or home address you provided to us. When we use the words “writing” or “written” in these Terms, this includes emails and notifications.
Use of our online and mobile application (the “App”) for purchases of personal consumer goods in certain jurisdictions (“Approved Jurisdictions”) by non-EU residents (the “Service”).
Airvat will be the principal in the supply of these goods to non-EU residents who intend to export the eligible goods in their personal luggage for consumption outside the EU and recover the corresponding VAT amount after correctly completing the official export procedure.
Definitions. To make these terms and conditions easier to read, we use the following definitions throughout them.
App means Airvat’s mobile software developed for your convenience of using the Service.
Approved Jurisdiction means a territory in which Airvat’s Service is available, which currently includes France, Northern Ireland (UK), and Belgium.
Device means an electronic mobile or other computer device that you use to install the App for the purposes of the Service.
Goods means tangible and movable consumer products intended for your own private use and exported out of the EU.
Regulation means the relevant tourist VAT refund regulation and related provisions governing tax relief procedure for persons domiciled and resident outside the EU in each Approved Jurisdiction, namely:
Article 262-I-2° of the General Tax Code of France,
HMRC’s VAT notice 407, Retail Export Scheme for Northern Ireland,
Article 39, § 1, 4°, of the VAT Code in Belgium.
Retailer means a VAT registered merchant selling tangible and movable consumer products from an online or physical store in the Approved Jurisdiction.
Purchase means a purchase of Goods – made by you, in the name and on behalf of Airvat, from a Retailer – which fulfils the conditions set out in clause 6 (How to use our service) of these Terms and any additional requirements imposed by Customs pursuant to the Regulation as may change from time to time and as notified to you within the App, or by email.
Customs means the respective customs authorities in each Approved Jurisdiction and/or the relevant EU member state customs office where you exit the EU with the Goods.
Purchase Invoice means a full VAT invoice for each Purchase issued by the Retailer to Airvat, which among other statutory information:
Contains Retailer’s name, VAT registration number, and address;
States Airvat as the buyer, customer, or client.
Terms means these terms and conditions.
Tax-Free Form means an electronic document issued by Airvat to you in accordance with the Regulation and containing Goods’ description, your personal data, and the details of your passport or any equivalent document proving that you are resident or domiciled outside the EU. The following statutory minimum value restrictions, inclusive of VAT, apply to the value of Goods listed on each Tax-Free Form required in order to qualify for a VAT refund in the following Approved Jurisdiction:
€100.01 in France,
€125.01 in Belgium.
Sale Invoice means the invoice issued from Airvat to you stating the details of the Goods sold to you by us, unless this requirement is already fulfilled by the Tax-Free Form as per the relevant Regulation.
What these Terms cover. These are the terms and conditions on which we supply our Service to you.
Acceptance of these Terms. By registering an account via the App, you accept these Terms and a legally binding contract between you and us is formed for the purposes of providing the Service by us to you.
Why you should read them. Please read these Terms carefully before you use our Service. These Terms tell you who we are, how we will provide you with our Services, how you and we may change or end the contract between us, what to do if there is a problem and other important information. They also set out our and your obligations in respect of the Service we provide. If you think that there is a mistake in these terms, please contact us to discuss.
We may amend these Terms from time to time. Every time you use our Service, please check these Terms to ensure you understand the terms which will apply at that time.
To register for, access or use the Service you must be:
a non-resident of the European Union (and certain associated overseas territories) and be visiting the relevant Approved Jurisdiction on a temporary basis;
departing for a non-European Union country after your visit;
buying goods for personal use only (business customers are not permitted to use the Service);
intending to export the unused Goods in your personal luggage by the end of the third month following the month of Purchase;
intending to fulfil your obligations as Airvat’s disclosed authorised agent as per clause 6.
Register an account. To use the Service, you will be required to register in the App or other relevant channel through which we make the Service available. If registering using the App, you must first download the App from the relevant app store and install it on a Device that has an internet connection.
Identity and status checks. You will be required to accept these Terms to complete your registration and to submit personal information via a third party identity check provider, including a photograph of yourself taken in real time (selfie) and a photograph of your passport or other permitted national identification document to allow us to verify your identity and check your status as a non-resident of the European Union. The photograph you provide must not infringe any other person’s rights. Any photograph you provide must be taken yourself and must only contain your image (and no personal information relating to any other individual).
One account per user. You may only create one account for your use of the Service.
Information we require. In addition to the information that you provide for identity and status checks, you will be asked to provide information to us which may include your name, email address and home address. If you choose to use a third-party log-in service, we may also require your display name for that service (such as Facebook or Google). Your credit card and/or bank account details will also be required for processing your payment(s) through our payment processors. We reserve the right to terminate your account in the event that you provide invalid personal information, email address or documents. If you change any of your registration details (e.g. name, email address, home address, payment card details or bank account details) you must promptly update your account. You must make sure that all information and documents you provide when registering an account and submitting a Purchase Invoice are true, accurate, current and complete. Please see our Privacy Policy for further information regarding the information we use to register you to provide the Service.
Processing your VAT refund payment. Airvat is not a financial institution and does not provide intermediation or discounting services in relation to your VAT credit entitlement pursuant to the Regulation. We therefore will use various licensed third-party payment processors and/or payment institutions to transfer the VAT refund amount into your nominated bank account. Please see our Privacy Policy and website for further details.
Keeping your account details confidential. To help us maintain the security of your account and the Service, you must keep your registration and login details confidential. If you become aware of any misuse or unauthorised use of your registration details, you must inform us immediately by sending an email to us at the email address at the beginning of these Terms. You will be responsible for any activity on your account except for any unauthorised use which is not your fault.
We may cancel your account. We accept your application to register an account or temporarily suspend or cancel your account in our sole discretion and may do so at any time for any reason without notice. If you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may terminate or suspend your registration and/or access to the Service including access to your account.
Dormant accounts. We reserve the right to delete your account and any personal data or other information associated with your use of the Service if there is no activity on your account for more than 18 consecutive months except where data protection laws require us to retain your personal data.
Closing your account. You can close your account at any time by pressing the “Delete” button in the “My account” menu within the App.
This section explains how to use our Service and the contracts that are formed between you, Airvat and the Retailer in respect of the Goods.
What you will need to do to use our Service. To use our Service to purchase Goods from us pursuant to the Regulation, you must agree to act free of charge as Airvat’s disclosed authorised agent and fulfil the following obligations:
You must buy the same Goods in the name and on behalf of Airvat as Airvat’s disclosed authorised agent and obtain from the Retailer a Purchase Invoice in respect of each purchase.
You agree that you will use the Service to only make purchases as defined in clause 3.1.7 (“Purchase”).
You must purchase the Goods for and on behalf of Airvat using only legal tender via a payment card, electronic payment methods linked to a bank account (for example, Apple Pay) or in cash.
Each time you make a Purchase, you will submit an electronic image or copy of the Purchase Invoice to Airvat.
If, for whatever reason, you believe that you are unable to comply with clause 6.2, you undertake not to use the Service for this particular purchase. You also acknowledge that in such circumstances you have alternative ways to make purchases outside the scope of our Service. This may include, but is not limited to, the issuance of a Tax-Free Form directly by the Retailer without the involvement of Airvat or the use of services from tax-free shopping operators affiliated with the Retailer.
As Airvat’s authorised representative you will take possessions of the goods from the Retailer on our behalf and provide goods handling and storage for us until such time that the ownership of the same Goods is transferred from us to you at a future date.
The contract for the sale of the Goods between the Retailer and Airvat. When you make a Purchase, the Retailer will sell the Goods to Airvat and a contract will be made for that purchase between Airvat and the Retailer. You will pay for the Goods to the Retailer in the name and on behalf of Airvat, acting as Airvat’s disclosed authorised agent.
The contract for the sale of the Goods between Airvat and you (“Forward Sale Agreement”). Your acceptance to use our Service to make a Purchase is an offer by you to us to purchase the related Goods at the same price they were sold to us by the Retailer. The subsequent sale of the Goods from Airvat to you is realised at a future date when you request to generate a Tax-Free Form inside the App. Our acceptance is always conditional on the underlying contract between Airvat and the Retailer being validly formed.
Possession of the Goods. You shall take possession of the Goods in our name and on our behalf when we purchase the Goods from the Retailer. As our disclosed agent you agree to provide handling and custody services to us with the regards to the Good until such future date that the Goods ownership passes from us to you.
Ownership of the Goods. We agree that the ownership of the Goods shall pass to you from us when you request to generate your Tax-Free Form inside the App prior to your departure form the EU. You will take title to the Goods on an “as is, where is” basis “with all faults and defects” whether or not immediately apparent as sold to us by the Retailer.
Deducting amounts we owe you from those you owe us. You agree that you will not be entitled to claim from us the amount you pay to the Retailer on the basis that we deduct from you the equal amount you owe to us when purchasing the Goods from us.
Issuance of a Tax-Free Form (and Sale Invoice if applicable). When we receive any Purchase Invoice(s) you have submitted using the Service, we will send a notification through the App. When you are ready to purchase the Goods from us, we will issue the corresponding Tax-Free Form (and Sale Invoice if applicable) to you for your Purchase.
Presenting the Tax-Free Form for Customs authorisation. You will need to present the Tax-Free Form issued by Airvat to Customs officers together with your proof of identity, non-EU residency, and the corresponding Goods. If Customs are satisfied with the validity of your Tax-Free Form, they will issue their authorization by means of an electronic or manual stamp.
Payment of your VAT refund. When we are notified that the status of your Tax-Free Form(s) related to your Purchase(s) has changed to “authorised, approved, or cleared” or we receive evidence of a manual Customs stamp, we will process the refund of the VAT amount stated on your Tax-Free Form (less our fees, as set out in clause 7). Your VAT refund will be paid into your nominated bank account or via your selected payment method.
Non-payment of the VAT refund: We are unable to issue any VAT refund payments to you if, for whatever reason:
By the end of the third month following the month of the Purchase, your Tax-Free Form has not been cleared electronically by Customs, or if we have not received a copy of the Tax-Free Form containing a manual Customs stamp.
Delays in receiving your VAT refund. If you are concerned about the status of your VAT refund then you can contact our customer support team.
Our fees. We charge a fee for your use of our online and mobile software, or the App, (i.e. a fee for the use of our electronic Service) when you successfully receive a VAT refund from us. Our fee is equal to 20% of the VAT amount and will be deducted from the VAT amount before the refund is paid to you by us. Further details of our fees are available on our website.
Nothing in these Terms will limit or revoke your statutory consumer rights as offered by the Retailer to Airvat under the contract for the sale of the Goods between the Retailer and Airvat. Such rights may include returning the Goods if the buyer changes their mind or wishes to request full or partial refund for faulty, damaged or incorrect Goods.
Airvat hereby assigns any warranties, return, or exchange guarantees offered by the Retailer for the Goods under the contract for the sale of the Goods between the Retailer and Airvat in consideration for your undertaking to hold Airvat harmless against any liability, cost, loss or damages resulting from faulty, damaged or incorrect Goods.
Refunds or replacements. When seeking to return or replace any Goods, it is your responsibility – not the Company’s – to notify the Retailer as our agent that the Goods were purchased from the Retailer by Airvat. Following any changes to the Purchase, you must submit a photograph of any amended invoices issued by the Retailer to Airvat.
We are not responsible for delays outside our control. We try to make the Service available at all times, but due to the inherent nature of online and internet-based services and through the use of third parties to fulfil part of the Service, we cannot guarantee this. We are not liable for delays caused by such events or third parties, but if there is a risk of substantial delay you may contact us to discuss alternative solutions. We will take reasonable steps to minimise the effect of any delay.
Use of your information. We take your privacy seriously. Please see our Privacy Policy to find out how we use your personal information and your data protection right. Please ensure that you have read our Privacy Policy before accepting these Terms or using the Service.
Use of your data by third parties. You acknowledge and agree that we are not responsible for the transfer of your personal data to the Customs or their agents as part of the export of the Goods and the corresponding VAT refund process, or the processing of such personal data by the Customs or their agents.
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 this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the process of providing the Service.
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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive services which are as described and match information we provided to you and any sample or model seen or examined by you, which are of satisfactory quality, which are fit for any particular purpose made known to us and which are supplied with reasonable skill and care.
We are not liable for business losses. We only provide the Service for private use. If you use the Service for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for loss and damage caused by third parties. We have no liability to you for any loss or damage suffered as a result of any action or default by any third party involved in the VAT refund process, such the Customs and/or their agents.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we are going to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under our contract with you. The contracts formed under these Terms are between you and us. No other person shall have any rights to enforce any of these Terms.
If a court finds part of this contract illegal, the rest will continue in force. 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.
Even if there is a delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking these Terms that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
No one else can enforce these Terms. These Terms (or any contract made under them) do not create any right enforceable by any person other than you or us.
Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us made under them. We and you will be legally bound by these Terms.
Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. The contracts between us made under these Terms will be concluded in English.
Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Service in the courts of England and Wales. Nothing in this paragraph will deprive you as a consumer of the right to bring or defend proceedings in your home state nor of the protection afforded to you by the mandatory rules of law of the country in which you live or purchased the Goods.