Wevat

Terms and Conditions

1.INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Vatcat France SASU (trading as Wevat) a company registered in the Register of Commerce and Companies of Lyon, under the number B 850 486  028. Our registered office is at 61 Cours de la Liberté, 69003 Lyon, France.

How to contact us. You can contact us through the chat function in the Wevat app, by telephoning our team at +44 020 3744 0955, by emailing us at help@wevat.com or by writing to us at 61 Cours de la Liberté, 69003 Lyon, France. We may record calls for quality and training purposes.

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.

2. OUR SERVICE

2.1 We provide a service which allows you to obtain a refund of the value added tax (VAT) that you have paid for purchases eligible under these terms and conditions by uploading invoices through the mobile application (App), website or another channel (the “Service”).

3. THESE TERMS AND CONDITIONS

3.1 Definitions. To make these terms and conditions easier to read, we use the following definitions throughout them.

3.1.1 Device means an electronic mobile device that you use to run the Service.

3.1.2 Goods means a tangible consumer product or products with VAT included in its purchase price.

3.1.3 Retailer means a shop or vendor that sells Goods through a physical store in-person.

3.1.4 Purchase means Goods purchased from a Retailer in France for personal use and which are transported out of France and the European Union within 3 months following the month in which you bought the Goods for use/consumption outside of France and the European Union.

3.1.5 Eligible Purchase means a Purchase which fulfils the conditions set out in paragraph 6.1 of these Terms and any additional requirements imposed by French Customs or Wevat as may change from time to time and as notified to you within the App, email.

3.1.6 French Customs means the French customs authorities, Direction générale des Douanes et Droits Indirects (DGDDI).

3.1.7 Purchase Invoice means a complete, original invoice in respect of an Eligible Purchase displaying a description sufficient to identify the Goods purchased, the time of the purchase, the total amount payable including the VAT paid by you and the Retailer’s VAT and company registration number, and addressed to Wevat at its registered address as set out in these Terms or in accordance with such other requirements imposed by French Customs or Wevat as may change from time to time and as notified to you within the App.

3.1.8 Supported Departure Point means such departure point(s) that we notify to you through the App or our website, www.wevat.com, as supported by the Service and which may change from time to time.

3.1.9 Terms means these terms and conditions.

3.1.10 VAT Refund Form means a version of the relevant form (whether electronic or physical) required by the customs authorities issued to you by Wevat, or such other equivalent form as we may issue to you from time to time. In France, the VAT Refund Form is the bordereaux de vente à l’exportation, as required by the French Customs.

3.1.11 Wevat Invoice means the invoice issued by us for the sale of the Eligible Purchases to you in accordance with Clause 6.3 below.

3.2 What these Terms cover. These are the terms and conditions on which we supply our Service to you.

3.3 Acceptance of these Terms. By registering an account via the Service, you accept these Terms.

3.4 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.

3.5 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.

4. ELIGIBILITY

4.1 To register for, access or use the Service you must:

4.1.1 be at least 16 years of age;

4.1.2 be a non-resident of France, the European Union or Northern Ireland and visiting France on a temporary basis for not more than 6 months per trip;

4.1.3 be departing for a non-European Union country after your trip;

4.1.4 not be a student or intern living in France or the European Union for six months or more per year (such students/interns are not eligible for the Service);

4.1.5 be a consumer customer i.e. buying goods for personal use only (business customers are not permitted to use the Service);

4.1.6 have Eligible Purchases totalling at least EUR 100 inclusive of VAT across the entirety of each trip; and

4.1.7 have a valid bank account in your country of residence.

5. Accessing and using the services

5.1 Register an account. To use the Service, you will be required to register the Service using 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. For details regarding the devices supported by the App, please see the information on the download page on the relevant app store.

5.2 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 (Onfido), including a photograph of yourself taken in real time (selfie) and a photograph of your passport or other Onfido-approved national identification document to allow us to verify your identity and check your status as a non-resident of France and 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).

5.3 One account per user. You may only create one account for your use of the Service.

5.4 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 WeChat). 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.

5.5 Processing your VAT refund payment. We may use various third-party payment processors to process your VAT refund payment including Alipay, WeChat Pay, Checkout.com, TransferWise and PayPal. The payment processor used will depend on the currency you select for your VAT refund payment. Please see our Privacy Policy and website for further details.

5.6 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 or using the App chat function. You will be responsible for any activity on your account except for any unauthorised use which is not your fault.

5.7 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.

5.8 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.

5.9 Closing your account. You can close your account at any time. If you would like to do so, please send an email to us using the email address at the beginning of these Terms.

6. HOW TO USE OUR SERVICE: SUBMITTING A VAT REFUND CLAIM

This section explains how to submit a VAT refund claim by using our Service and the contracts that are formed between you, Wevat and the Retailer in respect of the Goods.

6.1 What you will need to do to use our Service. To use our Service to claim a VAT refund, you will need to purchase the Goods on behalf of Wevat as Wevat’s authorised agent and obtain a business invoice addressed to Wevat (including Wevat’s address) in respect of each purchase.

6.1.1 You must purchase the Goods using a payment card, electronic payment methods linked to a bank account (for example, Alipay or Apple Pay) or cash. We are unable to accept purchases wholly made by gift cards, loyalty points or vouchers. Where only part of your purchase has been made by gift cards, loyalty points or vouchers, we may accept the purchase value of the part that was made by payment card, electronic payments methods or cash (together, the “Purchase Criteria”).

6.1.2 Once you have made a Purchase that meets the Purchase Criteria (an Eligible Purchase), you may submit a photograph of the purchase Purchase Invoice to Wevat for a VAT refund claim. Wevat, in its sole discretion, reserves the right to not accept your Purchase Invoice for the reasons set out in clause 6.8 below.

6.2 The contract for the sale of the Goods between the Retailer and Wevat. When you make an Eligible Purchase, the Retailer will sell the Goods to Wevat and a contract will be made for that purchase between Wevat and the Retailer. You will pay for the Goods to the Retailer on behalf of Wevat, acting as Wevat’s authorised agent.

6.3. The contract for the sale of the Goods between Wevat and you. Your use of our Service to make an Eligible 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 second sale of the Goods from Wevat to you is realised upon the occurrence of one of the following events: (i) The automatic generation of a “VAT Refund Form” triggered by you, while your trip within the European has not yet ended; or (ii) in all other cases (i.e. where the goods purchased are not eligible for a tax refund, or you do not trigger the generation of a form during your trip within the European Union), on the day following your departure date, as recorded in the App. Our acceptance is always conditional on the underlying contract between Wevat and the Retailer being validly formed.

6.4 Ownership of the Goods. You shall take possession of the Goods on our behalf when we purchase the Goods from the Retailer and we shall obtain ownership. We agree that the ownership of the Goods shall pass to you immediately afterwards.

6.5 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 this the equal amount you owe to us when purchasing the Goods from us.

6.6 Please note that as you are purchasing the Goods from Wevat and not the Retailer, your consumer rights and remedies in relation to the contract for sale will be rights and remedies you can exercise against us and not against the Retailer. This means that any claims relating to those rights and remedies that you may have in respect of the Goods should be made against Wevat and not the Retailer. This does not affect your right to bring any non-contractual claims you may have against the Retailer.

6.7 Submitting Purchase Invoices. Once you have made an Eligible Purchase, you may upload a photograph of your Purchase Invoice(s) using the Service.

6.8 Refusal of your Purchase Invoice. We will not accept your Purchase Invoice if:

6.8.1 you or your Purchase Invoice(s) do not meet any of our eligibility criteria, whether set out in these Terms, within the Service (including within the in-app text or via an in-app link) or via our website, as may vary from time to time;

6.8.2 your purchase is not an Eligible Purchase;

6.8.3 you have already asked for a tax refund in-store;

6.8.4 we reasonably believe that French Customs is likely to consider the Purchase Invoice(s) as ineligible for a VAT refund; or

6.8.5 we have reason to believe (in our sole discretion) that the Purchase Invoice(s) are fraudulent, false or have been tampered with so as to make the content of the Purchase Invoice untrue or misleading

If your Purchase Invoice is refused, then we will not be able to provide you with a VAT Refund Form or accept your Purchase Invoice for a VAT refund claim.

6.9 Acceptance of your Purchase Invoice(s) and generation of a VAT Refund Form. Once you have submitted your Purchase Invoice(s) using the Service, we will send a confirmation notification through the App confirming whether we have accepted your Purchase Invoice. We will ask you to make a customer declaration that you have purchased the Goods in accordance with the Purchase Criteria (“Customer Declaration”).

6.10 Acceptance of the Customer Declaration. If you accept the Customer Declaration, then a VAT Refund Form will be generated and emailed to you. If you do not agree to the Customer Declaration, then we will not be able to provide you with a VAT Refund Form or accept your Purchase Invoice for a VAT refund claim.

6.11 Presenting the VAT Refund Form and corresponding Goods at the Supported Departure Point. You will need to complete (in accordance with the App instructions, as may vary from time to time) and scan the barcode on the VAT Refund Form at the electronic PABLO kiosks or the relevant tax refund counter/office at a Supported Departure Point. You may also be required to show the Wevat Invoice and/or the corresponding Eligible Purchases to French Customs/its agent for inspection. Once your VAT Refund Form has been approved and you have passed any additional checks by French Customs, Wevat will receive an electronic approval through the PABLO system.

6.12 Payment of your VAT refund. Once we receive the electronic approval from the PABLO system, we will process the VAT refund amount authorised into your nominated bank account or via your selected payment method (less our fees, as set out in the paragraph below) usually within 7-14 days receiving the approval. We will only provide your VAT refund through the payment methods offered in the App, which does not include cash. Please note: We are unable to issue any VAT refund payments without receiving PABLO authorisation or, if the Emergency Procedure is triggered, original copies of the relevant refund form(s) with accompanying customs stamps from French Customs (as these forms must be mailed to us, it may take substantial time for these to be received).

6.13 Emergency Procedure. On rare occasions, the PABLO system may be interrupted. When this happens, the emergency procedure will be triggered. Wevat will send you instructions by email on how to get your VAT Refund Form authorised under this procedure, which will likely involve: (i) printing new VAT Refund Form(s) sent to you by Wevat to comply with the format required under the emergency procedure; (ii) presenting your VAT Refund Form(s) to French Customs/their agents at your departure point for approval; (iii) if approved, obtaining authorisation stamp(s) from French Customs on all your VAT Refund Form(s); and (iv) mailing your authorised VAT Refund Form(s) to Wevat in the manner and to the address specified in the instructions. If your VAT Refund Form does not reach Wevat within a certain length of time from your departure date, it will become lapsed. To ensure the smooth operation of our Service, we are unable to refund lapsed forms unless we determine, in our sole discretion, that there have been exceptional circumstances (for example, the national lockdowns due to the COVID-19 pandemic). The time limit for a form lapsing will not be less than 1 month but may otherwise vary from time to time and depending on your departure point and the rules of French Customs. Please check the information provided in the emergency procedure email for the relevant time limits. Please note: We have no control over the process or speed with which we will receive your refund form(s).

6.14 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 using the chat function in our App.

7. FEES

7.1 Our fees. We charge a fee for our Service when you successfully claim a VAT refund using the Service. Our fees will be displayed within the Service and deducted from the VAT amount refunded to you. Further details of our fees are available on our website. If available, extra services may be requested directly from us and, if agreed, will be subject to further terms and conditions.

8. YOUR RIGHTS

8.1 Refunds or replacements if you change your mind. We are unable to offer a refund or replacement for the Goods if you change your mind. We would recommend contacting the Retailer and reviewing the Retailer’s returns policy to see whether you can return the Goods if you change your mind. It is your responsibility (and not ours) to notify the Retailer when seeking to return any Goods that the Goods were purchased from the Retailer by Wevat and not by you.

8.2 If there is a problem with the Goods. We are under a legal duty to supply Goods that are in conformity with these Terms. If the Goods are defective, faulty or not as described then you may have a legal right to a refund. We are unable to repair or replace the Goods in the event they are defective, faulty or misdescribed. Please contact us as soon as possible using the contact details contained in these Terms.

8.3 Returning faulty Goods. If you wish to exercise your legal rights to reject Goods that you have purchased from us, we may request that you post them to us before providing a refund. If we do request their return, we will provide you with an address to return the Goods to us. Once we receive the Goods, we reserve the right to inspect the Goods to determine whether they are faulty or not. If the Goods are defective and you are entitled to a refund, we will provide a full refund of the purchase price of the Goods.

8.4 When you will receive your refund for faulty Goods. Once we confirm that you are entitled to a refund, we will aim to process your refund as soon as possible and, at the latest, within 14 days of notifying you that you are entitled to a refund. You will receive your refund to the bank account you notify to us for the refund or to your selected payment processor.

8.5 Your legal rights. As you are purchasing the Goods from us, we are under a duty to supply Goods that are of satisfactory quality, fit for purpose and otherwise are in conformity with these Terms, including any terms implied by applicable consumer rights laws. Nothing in these terms will affect your legal rights.

9. PROVIDING THE SERVICE TO YOU

9.1 We are not responsible for delays outside our control. We try to make the Service available at all times, but, of course, 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 the loss of any VAT Refund Forms, lapsing of any VAT Refund Forms or delays in your VAT refund caused by an event outside our control or any third parties such as any Agent or other third party handling company, French Customs, any banks or other financial institutions, any third-party payment provider, any Supported Departure Points or form delivery provider. We will take reasonable steps to minimise the effect of any delay. We are not liable for delays or lost forms caused by such events or third parties, but if there is a risk of substantial delay you may contact us to withdraw your claim.

10. HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1 Use of your information. We take your privacy seriously. Please see our 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.

10.2 Use of your data by third parties. You acknowledge and agree that we are not responsible for the transfer of your personal data French Customs/their agents as part of the VAT refund process, or the processing of such personal data by French Customs/their agents.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 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 VAT refund process.

11.2 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; and for defective services under the Consumer Protection Act 1987.

11.3 We are not liable if your Purchase Invoice is refused. If your Purchase Invoice is refused for any of the reasons set out in Section 6.10 (Refusal of your Purchase Invoice) we are not responsible for any loss or damage you may suffer as a result of such refusal where we are not at fault. This includes your loss of opportunity to claim a tax refund in the normal way without using our Service. Before using our Service, please note our eligibility criteria as set out in these Terms and via our App (which may be updated from time to time).

11.4 We are not liable for business losses. We only supply 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.

11.5 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 French Customs and/or their agents.

12. OTHER IMPORTANT TERMS

12.1 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.

12.2 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.

12.3 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.

12.4. 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.

12.5 Even if we 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.

12.6 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.

12.7 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.

12.8 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.

12.9 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.

Latest update: June 2022

About Wevat Summer sales giveaway June 2022

  1. This is a giveaway to celebrate the France Summer Sales and to promote the Wevat (The Company). To enter, please complete all of the following options:

    • Follow @wevatapp

    • Tag three friends in the comment section of the original post

    • Like the original post

  2. The winners will be selected by The Company at random whose decision will be final and no correspondence will be entered into.

  3. The competition opens following the social media post by @wevatapp on 22nd June 2022 and will close at 23:59 on Thursday 30th June 2022. Any entries received outside these specified times and dates will not be eligible for entry into the competition.

  4. The winners will be contacted directly via direct message once the competition has closed to request personal information for claiming the prize. The prize will be sent out within one week since the winner's information provided. The winners may see their name posted on the Company’s website and on other websites and social media accounts.

  5. The competition is open to residents of the UK excluding Northern Ireland aged 16 or over except employees of the Company, their families, or anyone professionally connected to the competition either themselves or through their families.

  6. Only one entry per person allowed. Second or subsequent entries will be disqualified. Entries will not be accepted via agents, third parties or in bulk.

  7. The Company is not responsible for contacting or forwarding prizes to entrants who provide unclear or incomplete information or for entries lost, misdirected, delayed or destroyed.

  8. The Company reserves the right to alter the prizes or cancel the competition without notice but will try to avoid creating any undue disappointment. No cash alternatives to prizes will be provided. If a winner is unable to accept their prize or cannot be contacted, the Company reserves the right to select another winner.

  9. The Company will make available the name and county of the winner to anyone who requests this information by writing to the Company at the address shown below.

  10. The Company is the data controller of Personal Data that it collects in the course of running the prize draw and will use the Personal Data in accordance with the Company’s Privacy Notice. It will use such Personal Data for the purposes of running the competition and delivering any prize(s) and will delete it after a reasonable period from the end of the [competition. “Personal Data” means names of entrants and other details provided by them (e.g. email addresses, telephone numbers) for the competition. The Company will not share such Personal Data with any third parties except for the purpose of delivering the prize(s).

  11. By entering the competition entrants agree to be bound by these terms and conditions.

  12. This competition is being organized by Wevat (Vatcat Ltd), White Collar Factory, 1 Old Street Yard, London, EC1Y 8AF.

  13. These terms and conditions and any disputes or claims (including non-contractual disputes or claims) arising out of these terms and conditions shall be governed and construed in accordance with the laws of England, whose courts shall have exclusive jurisdiction.