Stamp B.V. is a company registered in the Netherlands whose registered office is Herengracht 420, 1017 BZ Amsterdam (hereinafter, Stamp or We or the Company).
By accepting these Terms You sign an agreement with Stamp for the provision of our Service (hereinafter, the Agreement). For the purposes of this Agreement Stamp and you will be also defined, individually, as the Party and, jointly, as the Parties.
Article 1 - The Service
1.1 Stamp provides a software to merchants for the management of the Tax Free Shopping procedure in digital mode (hereinafter, the "Service"). Tax Free Shopping is a method that allows residents non-EU to pay their purchases free from Value-added Tax (hereinafter, the "VAT") in the customs territory of European Union.
1.2 If you (hereinafter, You) are a non-EU resident, you may use our Service for your purchases made at a merchant affiliated with us. The merchant will issue You an invoice tax free using the Stamp Service.
Article 2 - Access to the Service
2.1 To use the Service, You must be at least 18 (eighteen) years old.
2.2 In order to access and use the Service You must have a mobile device (herinafter, the Device). You can download the Stamp app (herinafter, the App) from the App Store (iOS) or Play Store (Android) and install it on your mobile device. Alternatively, you can ask the merchant to create your account on the Stamp website.
2.3 In order to activate an account for the use of the App, We or the merchant for us must request you these information:
- name and surname;
- email (optional);
- mobile phone number;
- country of residence and address;
- passport details;
- boarding pass from Italy (optional);
- credit card.
2.4 Once the required information have been entered correctly, You will receive a sms containing a six-digit code. You will have to enter the code in the App or communicate the code to the merchant in order to confirm your account. As a result of your code insertion or your communication of the code to the merchant, You accept these Terms and underwrite the Agreement.
2.5 Our Service is the provision of the digital management of tax free shopping for merchants. The Company is required by law to hold certain information about the customers. We use this information to administer the Service, and to help us identify You and the account in the event of misappropriation. We only keep this information as long as is necessary and for the purposes related to the use of Service.
Article 3 - Use of the Service
3.1 Our Service are free. If You exceed the spending limit equal to €. 500,00 (euro five hundred), our Service is subject to charges mentioned in annex [...]. We apply 2 (two) charges: the first if the spending limit is between €. 500,00 (euro five hundred) and €. 5.000,00 (five thousand), the second if the spending limit is higher than €. 5.000.00 (five thousand). You will receive a message if our spending limit is reached. The Service is charged after the Customs procedures are completed. We calculate our spending limit on the price net of VAT.
3.2 Before your purchase in a Stamp affiliate shop, You can request an invoice tax free to the merchant through Stamp. The merchant will ask you for your phone number to verify your Stamp account.
3.3 The merchant will issue an invoice tax free. Stamp will request authorization to pay VAT on your credit card for warranty of the merchant. If our authorization is successful, you can pay the invoice. You can check the payment on the App. Stamp does not have direct access to your credit card. Stamp uses the payment service of a third party to manage transactions on your credit card. Stamp will not be in any way responsible for any unauthorized use of your credit card. The aforementioned third party will be solely responsible of compensation for damages deriving from the unauthorized use of your credit card.
3.4 You must leave the customs territory of European Union within 90 (ninety) days from the date of your last purchase and You will need to obtain the Customs visa within the next 30 (thirty) days. At the Airport Customs Office You will need to show your passport to the Customs Officer. The Customs Officer will check your invoices. If your invoices are valid according to the Italian laws, the Customs Officer will clear the transport of your purchased goods from Italy by affixing the Customs visa.
3.5 If the Customs Officer does not affix the Customs visa, We will complete the transaction on your credit card for an amount equal to the total VAT of your invoices. We will give back the VAT to the merchant. We will apply to the operation and management costs on your credit card.
3.6 The use of the App or, in general, of the Stamp Service may not be guaranteed if the Otello software is not available at the airport / port / border post of your exit from the customs territory of European Union. Otello is the digital program, designed by the Italian Customs and Monopolies Agency, in order to manage tax free shopping.
Article 4 - Obligations and limitations of liability
4.1 We guarantee You the supply and use of our Service. We will not be responsible for the use of our Service by the merchant or by any third parties.
4.2 In the event of non-fulfillment attributable to Stamp, We will indemnify You for damages and refund You the costs you incurred for the Service.
4.3 We may discontinue the provision of Service in order to carry out technical interventions. In this case, You will be informed by email or by sms with a notice of 24 (twenty-four) hours. Such communication will also indicate the timing of the restoration of Service.
4.4 We will make a specific backup of your data and/or information and/or content processed by You or by third parties authorized directly by You. In addition, We will not retain any copy or backup of files contained in accounts of third-party companies belonging to You. Upon termination of the Agreement, we will cancel all your data within the limits of any legal obligations to which We are subject. We will not remove or modify the contents uploaded by You in third-party tools and/or apps.
4.5 We will not be responsible for your use of the Service. We will not be liable for your information or data or contents processed by You or by third parties authorized by You. We will reserve the right to undertake any action in order to defend our rights and interests. We will not be liable for any direct or indirect damages caused by You to third parties who used the Service.
4.6 We may use your email solely for communications relating to the Service. In case of non-payment of the Service or in the event of termination of the Agreement, your email will be deleted in the next 30 (thirty) days. If You associate any third-party accounts, We will not access your data.
4.7 We will have the right to suspend the Service, without notice, in the event that
- You violate one of these Terms;
- there are good reasons to believe that the Service is being used by unauthorized third parties;
- there are events of force majeure or circumstances which, by our unquestionable judgment, require emergency intervention or resolution of security problems, danger to the whole network and/or persons or things;
- You are involved in a civil, criminal or administrative action concerning your use of the Service;
- the suspension is requested by the Judicial Authority.
4.8 In any event of suspension attributable to You, We will be entitled to exercise a legal action in order to compensate our possible damages.
4.9 We will communicate You any technical-economic changes, which may modify the use of the Service, by email or by sms. These changes will take effect 10 (ten) days from our communication. In the same term, You may exercise your right to withdraw from the Agreement by written notice. Otherwise the changes will be considered accepted by You. We may change technical characteristics of the Service as a result of technological evolution of hardware and software components, ensuring You the same usability.
Article 5 - Obligations and rights of the User
5.1 You can use the Service according to their technical specifications and in accordance with their specific features.
5.2 You must ensure that the data and information provided to us are true, correct and permit your identification. We have the right to verify your data by requesting additional documents that You will undertake to send us within 7 (seven) days from our request. If You do not send additional documents within the aforementioned term, We will suspend the Service and You will not be entitled to claim us any compensation.
5.3 You must have the technical knowledge necessary to a correct use of the Service. Furthermore, the communication of any data through the Service shall be carried out solely at your sole and exclusive responsibility.
5.4 We will not be liable for the functionality of Internet on your mobile phone and of the merchant's Internet. We will not have any responsibility to control the information transmitted by Internet. We will not be liable for the transmission or receipt of any illegal information.
5.5 The merchant are authorized to use Service solely for legitimate purposes and in respect of applicable law and of our terms. The merchant assume full responsibility towards us and You for any abuse of the Service.
5.6 By using the Service, You acknowledge and agree to our terms of privacy. You will be obliged to inform us of any change in your personal data.
5.7 You will endeavor to inform us of any unauthorized use of your account at once.
5.8 You agree to indemnify and hold Stamp and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms or in violation of any third party rights.
5.9 Stamp applies EU citizens, non-EU resident, the data protection rules set by the General Data Protection Regulation (GDPR) no. 679/2016.
Article 6 - Termination
6.1 You may cancel your account and stop using the Service at any time by directly contacting us by email without paying any penalty.
6.2 If you cancel your account after any purchase, We will charge the VAT due according to your purchases and our management costs on your credit card.
Article 7 - Intellectual property
7.1 All trademarks, trade names, service marks, word marks, illustrations, images, logos that appear in the App or concerning Stamp are, and remain, the exclusive property of Stamp or its licensor and are protected by the law in force.
Article 8 - Changes to the Terms
8.1 Stamp reserves the right to modify these Terms at any time and will inform You of such changes by publishing a notice within the App and by email.
8.2 If you continue to use the App after the publication of such changes, You accept the new Term entirely.
Article 9 - Governing Law and Jurisdiction
9.1 These Terms and any dispute concerning the implementation, interpretation and validity of this Agreement are subjected to Dutch Law.
9.2 The Parties agree to carry out any dispute, within the limits of the applicable law, under the jurisdiction of Dutch Courts.