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Terms and Conditions Onlinetaxfree.com - Customer

1. Definitions and interpretations

The following words and/or expressions shall, for the purposes of these Terms and Conditions, have the following meanings:

  • Agreement: the arrangements made between Onlinetaxfree.com and the Customer;
  • Customer: any end consumer who is a non-EU resident, having bought goods from the Retailer which is located in the EU and wants to use the OTF Service;
  • Export VAT: tax charged on the exportation on goods and services to customers outside of the European Union;
  • Import Duties: taxes charged by the customs authority on the importation of goods into a country;
  • Import VAT: taxes charged on the importation of goods into a country;
  • Offer: A proposal of Onlinetaxfree.com, including but not limited to VAT Refunds and relevant information in Onlinetaxfree.com's mailings or mentioned on its Website;
  • Onlinetaxfree.com: the private limited company formed under the laws of the Netherlands Onlinetaxfree.com B.V.;
  • OTF Service(s): the digitalized service which Onlinetaxfree.com provides to the Customer through the Retailer allowing the Customer to apply for the refund of VAT incurred on a good that the Customer purchases from the Retailer as well as the transportation of the purchased good from the Retailer to Customer’s home address. The actual transportation of the good will be performed by a Service Provider;
  • Product: an item supplied by a Retailer to its Customer via Onlinetaxfree.com and its Service Providers
  • Retailer: VAT registered retailer that is based within the Benelux, which sells (physically or online) and sends goods from the Benelux and makes the OTF Services available to the Customers;
  • Service Provider(s): supporting services for Onlinetaxfree.com. UPS, Trade Compliance Europe IX B.V and ABN AMRO Bank are among others, Service Providers for Onlinetaxfree.com;
  • VAT Fee: the Customer will pay Onlinetaxfree.com (via the Retailer) a VAT Fee for the OTF Services performed by Onlinetaxfree.com
  • VAT Refund: the VAT Refund to the Customer is entitled resulting from the OTF Services.
  • Website: www.onlinetaxfree.com and any other websites managed by Onlinetaxfree.com

 

2. General

2.1 These terms and conditions govern all present and future Agreements and/or acts conducted by Onlinetaxfree.com.

2.2 The applicability of any other terms and conditions, whether provided by the Customer or not, including purchasing conditions, is expressly rejected, even if referenced by the Customer previously. Onlinetaxfree.com's prior written consent is required for any conditions other than these terms and conditions to be deemed applicable. In cases where other general conditions are also applicable, these terms and conditions shall prevail in the event of any inconsistency.

2.3 Deviations from these terms and conditions shall only apply if explicitly confirmed in writing by Onlinetaxfree.com to the Customer. Any deviation from these general conditions applied or tolerated by Onlinetaxfree.com at any time for the benefit of an existing or potential Customer shall not grant such Customer the right to subsequently rely on or demand the application of such deviation for itself.

2.4 Onlinetaxfree.com retains the right to unilaterally make interim amendments to these terms and conditions. The Customer may terminate the Agreement upon notice if such interim unilateral amendments are made, without Onlinetaxfree.com being obliged to provide any form of compensation to the Customer.

2.5 In the event that any provision of these terms and conditions is found to be invalid, void, unenforceable, declared invalid, voidable, or unenforceable, such invalidity, voidness, or unenforceability shall not affect the validity of the remaining provisions of these terms and conditions. In such a case, the Customer and Onlinetaxfree.com shall consult and agree to replace the relevant provision with valid, enforceable, and legally effective provisions that closely approximate the original provision's intended meaning.

 

3. Contractual Formation

3.1 All Offers made by Onlinetaxfree.com are non-binding and may be withdrawn without any formalities, even subsequent to acceptance by the Customer.

3.2 The Customer may not terminate the Agreement without written consent from Onlinetaxfree.com, unless both parties agree in writing on the compensation owed by the Customer if Onlinetaxfree.com accepts the termination of the Agreement.

3.3 Clear errors, such as printing, typesetting, or programming mistakes in Offers or on the Website, relieve Onlinetaxfree.com from its obligation to perform and from any obligation to compensate for resulting damages or losses, even after the Agreement has been finalized.

3.4 If an Offer includes multiple Products with individual prices stated for each Product group of Products, the Offer is only valid as a whole, and the Customer cannot selectively accept part of the OTF Services at the stated price. Offers are applicable solely to the specifically mentioned Products and the OTF Services and do not extend to future orders, sales, or deliveries.

3.5 If the Agreement is not documented in writing and Onlinetaxfree.com commences performance with the Customer's consent, the terms outlined in the Offer shall constitute the Agreement.

3.6 Until the Products and/or OTF Services have been delivered, Onlinetaxfree.com reserves the right to cancel the Agreement if deemed necessary, without any obligation to provide compensation. Notification of cancellation must be provided in writing.

 

4. Registration and confidentiality

4.1 To use the OTF Services, the Customer must register its bank details via the pop-up that shows up after a purchase on the website of the Retailer or via a reminder e-mails the Customer receives from Onlinetaxfree.com. The Customer warrants to Onlinetaxfree.com that the information it has provided during registration is correct and complete and meets Onlinetaxfree.com’s prescribed specifications.

4.2 The Customer must observe confidentiality regarding the contents of Offers, Agreements and all correspondence, information, knowledge and/or documentation relating to Onlinetaxfree.com, supplied by Onlinetaxfree.com, and/or that is otherwise in the possession or has come to knowledge of the Customer as part of the preparation, conclusion and performance of the Agreement, except insofar as it concerns confidential information in the public domain (other than because of an attributable breach or delict of the Customer) or where Onlinetaxfree.com has consented in writing to the full or partial discontinuation of the duty of confidentiality.

4.3 In the event that the Customer is obligated to disclose specific information due to a legal requirement, a mandatory directive, or binding regulations, it is required to promptly notify Onlinetaxfree.com in writing prior to such disclosure.

4.4 The obligation of confidentiality persists fully even after delivery or the conclusion of an Agreement.

 

5. Performance of the Agreement

5.1 Onlinetaxfree.com is obligated to provide OTF Services to the best of its capabilities, taking into account the information supplied by the Customer and the nature of the order.

5.2 Onlinetaxfree.com shall not be considered in default solely upon the expiration of a term, including the delivery period. Written notice of default, providing Onlinetaxfree.com with a reasonable period to perform, is always required for such a determination.

5.3 The Customer is responsible for providing Onlinetaxfree.com with the correct bank details via the pop-up that shows up after a purchase on the website of the Retailer or via reminder e-mails the Customer receives from Onlinetaxfree.com. Upon receipt of this information, Onlinetaxfree.com its Service Providers will pay the VAT Refund in the Customer’s local currency. The Customer is always eligible for a VAT Refund, regardless if it is a refund or not.

5.4 Unless otherwise agreed in writing, Products supplied by Service Providers of Onlinetaxfree.com are at the Customer's risk as soon as the Products are delivered.

5.5 The Customer is responsible for providing Onlinetaxfree.com with recipient address details via the check-out on the Retailer its website. Upon receipt of this information, Onlinetaxfree.com its Service Providers will promptly furnish the shipping information and Track & Trace to the Customer. Delivery periods specified by Service Providers of Onlinetaxfree.com are indicative and not strict deadlines. Specified delivery periods commence only after the conclusion and commencement of the Agreement, agreement on all details, and Onlinetaxfree.com's receipt of all necessary information to carry out the work.

5.6 The delivery period is determined based on circumstances prevailing at the time of Agreement conclusion. Any delay resulting from changes in these circumstances automatically extends the delivery period accordingly, notwithstanding provisions concerning force majeure.

5.7 Onlinetaxfree.com reserves the right to subcontract all or part of the Agreement's performance or arrange for it to be carried out by third parties, without requiring the Customer's consent.

5.8 Each Agreement grants Onlinetaxfree.com the authority to engage third parties, including but not limited to Service Providers. Onlinetaxfree.com is not responsible for the decisions or failures of these third parties, nor for any damages or losses incurred for any reason, unless the management of Onlinetaxfree.com acts with intent or willful recklessness.

5.9 Onlinetaxfree.com may temporarily deactivate the Website for maintenance purposes.

 

6. Customer’s obligations

6.1 In the event of any changes to the Customer's residence, address, billing address, email address, bank details, or any other relevant information, the Customer is required to provide Onlinetaxfree.com with immediate written notification, prior to the occurrence of the change.

6.2 The Customer must promptly communicate all facts and circumstances that may be important for the proper performance of the OTF Service and send all required data and information to Onlinetaxfree.com.

6.3 The Customer is required to provide Onlinetaxfree.com with all necessary cooperation to facilitate the delivery of the OTF Service or the Product, in a manner that is conducive to or reasonably necessary for the process.

 

7. Prices

7.1 Unless agreed or indicated otherwise in writing, all prices that the Retailers of Onlinetaxfree.com state at any time include export VAT but exclude import VAT and import duties.

7.2 All prices are based on the taxes, levies and other price determinants that apply when an order is made by the Customer.

 

8. Payment, VAT Fee, VAT Refund and other costs

8.1 With regard to the OTF Service performed by Onlinetaxfree.com, the Customer will pay Onlinetaxfree.com (via the Retailer) a VAT Fee. This VAT Fee will be deducted by Onlinetaxfree.com from the VAT Refund amount to be received following the OTF Service. After the deduction of the VAT Fee and all relevant costs from the refundable VAT amount, Onlinetaxfree.com will pay the remaining VAT Refund amount, if any, to the Customer via a Service Provider.

8.2 Onlinetaxfree.com will pay any remaining VAT Refund amount within 30 days after the Customer has placed an order via Onlinetaxfree.com. Onlinetaxfree.com can only refund the VAT if the Customer has provided Onlinetaxfree.com with all the necessary information. Onlinetaxfree.com is obligated to make a reasonable effort towards obtaining the necessary information from Customer. Onlinetaxfree.com can decide this reasonable effort has been performed. Onlinetaxfree.com will consider this reasonable effort to have been performed when Onlinetaxfree.com has sent Customer three reminders at the email adres Customer provided when placing the order. Onlinetaxfree.com can also decide to send Customer an additional reminder through a text message on the phone number they provided when placing the order.

8.3 If the Customer did not provide their information when placing the order, they can remedy this within twelve months of the date of purchase. If Customer chooses to reach out to Onlinetaxfree.com providing the information and requesting their refund within the twelve month period, Onlinetaxfree.com will pay the refund to the Customer. After Onlinetaxfree.com has performed the reasonable effort as specified in these terms and conditions, and a twelve month period has expired, Onlinetaxfree.com will be exempt from their obligation of payment of the refund. After expiration of this twelve month period Customer forfeits their right to the refund. After the forfeiture of rights Onlinetaxfree.com is allowed to allocate the funds, that were intended for the refund, at it’s discretion.

8.4 The Customer is not elible for a VAT refund if the order is returned or denied within 30 days. In case of a return or denial, the Retailer will refund the Customer based on the refund policy of the Retailer.

8.5 Transactions costs for the payment of the VAT refund are at the expense of the Customer.

8.6 The rates that Onlinetaxfree.com uses are based on the Euro. If Customer opts for a payment in a local currency, the payment will be converted at the mid-market exchange rate on the day on which the payment is made.

 

9. Liability

9.1 The Retailer is solely liable for any damages that occur to the good, loss or theft during transportation of the good for the Customer.

9.2 Onlinetaxfree.com shall never be obligated to compensate indirect or consequential damages, including lost profits, business interruption, trading losses, missed savings, reduces goodwill, damages because of mutilation or loss of data, (additional) costs, direct or indirect damages of any third party or any other indirect damages whatsoever.

9.3 Onlinetaxfree.com is not liable for any damages or loss caused by third parties, such as Service Providers, unless those third parties were involved in the performance of the OTF Service on the initiative of Onlinetaxfree.com and the Customer proves intent or willful recklessness.

9.4 Onlinetaxfree.com is not liable for any damages or loss caused by the incorrect or incomplete information that is needed for the performance of the OTF Services provided by the Customer to Onlinetaxfree.com.

 

10. Intellectual Property

10.1 The Customer is not authorized to breach the IPR of Onlinetaxfree.com and does not have the right to independently reproduce, reverse engineer, disassemble, modify, distribute, license, rent out, sell, lend, transfer or otherwise exploit the IPR of Onlinetaxfree.com.

 

11. Data Protection

11.1 Onlinetaxftee.com strictly adheres to the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any legislation which amends, extends, consolidates, re-enacts or replaces same, including any statutory instruments and regulations that may be made pursuant thereto from time to time.

11.2 The provisions in the Onlinetaxfree.com Privacy Statement, which can be consulted on the Website, apply to all personal data Onlinetaxfree.com processes.

11.3 Onlinetaxfree.com takes appropriate technical and organizational measures to protect personal data against loss and any other form of unlawful or unauthorized processing thereof.

 

12. Other provisions

12.1 If any provisions of these Terms and Conditions are void, invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.

12.2 Onlinetaxfree.com reserves the right to change or alter the Terms and Conditions at any time. 12.3 The Contract and these Terms and Conditions are subject to Dutch law.

12.4 Disputes arising from or in connection with the Contract or these Terms and Conditions shall be brought before the competent court within the district of Arnhem.

 

CONTACT

Onlinetaxfree.com B.V.
Address: Terborgseweg 102
Postal code: 7005 BC
Town: Doetinchem (the Netherlands)
Email: info@onlinetaxfree.com
Chamber of Commerce number: 82099839