Terms and conditions of use of the platform for travellers in the available countries

TERMS AND CONDITIONS OF USE OF THE PLATFORM FOR TRAVELLERS IN THE AVAILABLE COUNTRIES

These Terms and Conditions (the “Terms”) govern access to and use of STAMP’s software-only services for purchases made in the Available Countries by users and merchants who opt to use STAMP’s technology in connection with travellers’ VAT regime. STAMP provides software only and does not manage VAT. The merchant remains responsible for managing the applicable VAT treatment of its own sales and uses STAMP’s technology simply as a technical means to communicate with the relevant tax authorities and users. For the avoidance of doubt, STAMP does not administer, calculate, collect, or remit VAT and does not provide tax, customs, or legal services. STAMP provides software-only services. STAMP does not perform any Excluded Tax Activities. The Merchant remains responsible for the applicable VAT treatment of its own sales and uses STAMP’s technology as a technical means to communicate with users and the relevant authorities.

STAMP’s service to users consists of assessing their eligibility and risk profile in order to determine whether, according to STAMP’s criteria, they may access the Real Tax Free system, meaning a purchase without paying an amount equivalent to VAT at checkout, or should instead follow the merchant’s traditional VAT refund process.

The User must present goods and invoices to customs within the legal time limits. If the User does not go through customs, eight percent (8%) of the VAT-equivalent amount will be charged, with a minimum amount of three euros (3€) and, in addition, any Payment Commitment may be executed for the VAT amount shown on the relevant invoices in accordance with these Terms. The eight percent (8%) Contractual Charge is a purely contractual charge and does not constitute VAT management by STAMP. User eligibility for any scheme may or may not be confirmed following STAMP’s risk analysis: there is no guarantee of eligibility or outcome. The Merchant reserves the right to remove or decline the User’s eligibility at the time of purchase based on its own assessment or risk criteria. The User expressly accepts the Payment Commitment as an integral part of these Terms. 

Personal data may be processed by STAMP BV or any of its subsidiaries in accordance with GDPR and country-specific laws. The Data Protection Officer (DPO) may be contacted at info@askforstamp.com.

  1. DEFINITIONS.

For clarity and consistency across the Available Countries, these definitions apply throughout these Terms.

  1. “STAMP” or “STAMP Group”: STAMP BV and, as relevant to service delivery in the Available Countries, any parent, subsidiary, or affiliated company that supports operation of the software platform. 
  2. “Subsidiary”: any entity directly or indirectly controlled by STAMP BV or its mother company (STAMP CO SL), which may process data or provide support necessary to deliver the Service, in accordance with GDPR.
  3. “Service”: STAMP’s software-only platform, applications, and related technology provided to merchants and users to support purchase flows, pre-purchase verification, risk-analysis, eligibility checks, traceability, and automation that facilitate a user’s journey through legally available procedures of the travellers’ VAT regime. STAMP’s service to users (travellers) consists of assessing their eligibility and risk profile in order to determine whether, according to STAMP’s criteria, they may access the Real Tax Free flow, whereby the traveller does not pay an amount equivalent to VAT at the time of purchase (the VAT-Equivalent Amount), or should instead follow the merchant’s traditional VAT refund process. The Service excludes VAT management, tax or customs intermediation, legal or accounting services, and financial intermediation. 
  4. "Software, Platform, App, and Merchant Portal”: respectively, the STAMP-developed software components, including mobile and web applications, user and merchant interfaces, used to access and operate the Service. 
  5. “User”: a natural person using the Service in connection with purchases in the Available Countries. Where the context requires, User includes a traveller who is a non-EU resident seeking to benefit from the traveller’s VAT regime. 
  6. “Merchant”: the seller of record that issues the invoice in accordance with applicable law and remains responsible for tax, invoicing, reporting, and refund obligations under applicable law in their respective country of incorporation.
  7. “VAT”: value-added tax applicable to a purchase under the laws of the Available Country, as relevant. References to VAT in these Terms do not imply that STAMP manages VAT. 
  8. “VAT-Equivalent Amount”: an amount equal to the VAT shown on the merchant’s invoice for a transaction processed through the Service. 
  9. “Payment Commitment”: the User’s contractual authorisation and obligation, accepted with these Terms, that permits execution of a charge up to the VAT-Equivalent Amount in any of the following events:
    1.  customs validation is not obtained by the User within applicable legal time limits, or
    2. Twenty-four (24) hours after the departure date without validation, or
    3. a Risk-Based Early Execution event occurs, as determined by STAMP’s risk analysis in accordance with these Terms and the information displayed to the User at the time of acceptance, provided that any amount charged under such Risk-Based Early Execution shall be refunded or reversed if the User obtains Customs Validation within the applicable Legal Time Limits, as further described in these Terms and the standalone Payment Commitment document.
  10. “Pre-authorization”: a temporary hold on the User’s designated payment method, up to the VAT-Equivalent Amount, used solely as a guarantee pending customs validation. A Pre-Authorization is not a collection of funds and is not credit or financing. 
  11. “Execution or Execute”: the conversion of a Pre-Authorization into a charge on the User’s designated payment method under the Payment Commitment when conditions set in these Terms are met, including lack of customs validation. 
  12. “Customs Validation”: the official confirmation by the competent customs administration that the legal requirements of the travellers’ VAT regime have been met for a VAT refund, evidenced electronically through the relevant governmental system.
  13. “Electronic Refund Document or DER”: the electronic document used in Spain to manage and control VAT refunds to travellers under the DIVA system. 
  14. “Fattura elettronica”: the tax-free electronic invoice used in Italy to manage and control VAT refunds to travellers under the Otello.
  15. “DIVA”: the electronic system operated by the Spanish tax administration (AEAT) to manage, validate, and control travellers’ VAT transactions and DERs.
  16. “OTELLO”: the electronic system operated by the Italian Customs and Monopolies Agency to manage, validate, and control tax free shopping in Italy.
  17. “EU Exit Point”: the customs office at which the User exits the customs territory of the European Union and where the User must present goods and invoices for Customs Validation within the legal time limits. 
  18. “Legal Time Limits”: the deadlines set by applicable law for customs presentation and validation. By way of example, under current Italian and Spanish law, the User must leave the EU within ninety (90) days from the date of the purchase and obtain the customs approval in accordance with the applicable laws. Local law and systems prevail and may change. 
  19. “Risk Analysis” and “Eligibility Check”: software-enabled assessments using User-and merchant-supplied data and other lawful verification signals to help determine whether a purchase may fall within the Real Tax Free regime. These are indicative only and do not guarantee eligibility or outcome. 
  20. “Excluded Tax Activities”: VAT management, tax or customs intermediation, the calculation, collection, declaration, remittance or refund of VAT, and the provision of tax, customs, legal, accounting or financial intermediation services.
  21. “Eligibility”: the legal and factual status required under applicable law for a purchase to qualify under the travellers’ VAT regime. Eligibility may or may not be confirmed after purchase and depends on factors outside STAMP’s control. The Merchant reserves the right, at the time of purchase, to remove or decline the User’s eligibility based on its own assessment, verification, or risk criteria, and such decision does not constitute an obligation or representation by STAMP.
  22. “8% Contractual Charge”: the contractual charge that the User accepts under these Terms if the User does not go through or is rejected at customs. This charge is separate from and in addition to any execution of the Payment Commitment. It does not mean STAMP manages VAT. The eight percent (8%) Contractual Charge is calculated on the VAT amount shown on the Merchant’s invoice and is a purely contractual obligation between the User and STAMP, not a tax collection or VAT management activity. If the eight percent (8%) Contractual Charge does not reach a minimum amount of three euros (3€), then three euros (3€) will be the amount charged.
  23. Risk-Based Early Execution: the risk-based execution of the Payment Commitment before the expiry of the applicable Legal Time Limits, where STAMP’s risk analysis identifies increased risk indicators linked to the transaction, the User’s travel timeline, the payment method or other lawful verification signals. Risk-Based Early Execution does not affect the User’s legal eligibility under the travellers’ VAT regime and does not constitute VAT management by STAMP. If the User subsequently obtains Customs Validation within the applicable Legal Time Limits, the relevant amount will be refunded or reversed in accordance with these Terms.
  24. “Fees”: the price charged for software features such as a risk management, eligibility analysis, automation, and support. Fees are for software services only and are not VAT management fees. 
  25. “Management and Operational Costs”: disclosed amounts that may apply when customs validation is not obtained, reflecting additional software, processing, and support activities. These are not VAT management fees.
  26. “Personal Data”: has the meaning given in Article 4(1) of the General Data Protection Regulation (GDPR). Data processing under these Terms includes processing by STAMP BV and its Subsidiaries for service provision and compliance. 
  27. “Supervisory Authority”: the competent data protection authority under the GDPR for the relevant processing operations in the Available Countries.
  28. “Force Majeure”: events beyond a party’s reasonable control, including outages or unavailability of governmental systems such as DIVA or OTELLO, network failures, natural disasters, wars, or acts of government. 
  29. “Government Systems”: third-party public platforms and services, including DIVA and OTELLO, needed to obtain Customs Validation. Their availability is outside STAMP’s control. 
  30. “Checked Baggage” or “Hold Luggage”: luggage consigned by the User to an airline, railway, or other carrier at the point of departure, which may be checked through to a final destination outside the EU even if the User transits through an intermediate EU Member State before the final exit from the customs territory of the EU.
  31. “Merchant Exit Event”: a failure by the Merchant to fulfil its material obligations in connection with the Service (including invoice issuance, refund execution, or cooperation with customs processes), which entitles the User to invoke the contractual exit mechanism described in clause 11.
  32. “Available Countries”: the European countries in which STAMP makes the Service available to merchants and users from time to time. As of June 2026, the Available Countries are Spain and Italy. STAMP reserves the right to add further Available Countries, in which case these Terms shall apply to the provision and use of the Service in such countries.
  1. PARTIES, ROLE, AND SCOPE.
    1. The Service is provided by STAMP BV, a company incorporated in the Netherlands, with registered office at Herengracht 420, 1017 BZ, Amsterdam, with VAT number NL858006741B01. STAMP BV may rely on STAMP group companies, subsidiaries, service providers and merchants for the technical, operational and local support required to provide the Service. 
    2. The User is a natural person, non-EU resident, purchasing goods in the Available Countries who chooses to use STAMP’s software at a merchant who enables such use at the point of sale.
    3. The Service consists exclusively of a digital platform, applications, and tools to support merchants and travellers with pre-purchase verification flows, risk analysis, eligibility checks, and automation features that facilitate the User’s journey through the legally available channels for the travellers’ VAT regime. 
    4. STAMP does not manage VAT, collect VAT on behalf of merchants, or act as a tax intermediary or authorised collaborator in the Available Countries. STAMP’s role is exclusively that of a software provider, and nothing in these Terms may be construed as implying that STAMP manages, administers, calculates, collects, or remits VAT.
    5. STAMP provides no tax, customs, legal, or accounting advice, and no financial intermediation.
    6. All tax, invoicing, customs, and refund obligations remain with the Merchant and the User under applicable law. STAMP does not assume any obligation or responsibility relating to the management of VAT.
  1. ACCESS TO THE SERVICE AND ACCOUNTS
    1. User´s Age. The User must be at least eighteen (18) years old (or the local minimum age where higher) to use the Service. If the User is under the applicable age, the User may only use the Service with verifiable parental consent in accordance with GDPR and local law. 
    2. Account Creation and Connectivity. Certain functionalities of the Service, including account creation, eligibility checks, access to the Real Tax Free flow, acceptance of the Payment Commitment, Pre-Authorizations and related payment authentication, may require a compatible device and an internet connection. If such functionalities cannot be completed, the User may be redirected to the Merchant’s traditional VAT refund process. The User must provide accurate and complete information and keep it updated. 
    3. Security and SCA. The User is responsible for maintaining the confidentiality of credentials. Where payment credentials are stored or Pre-Authorizations are placed, strong customer authentication (SCA) may be required by the User’s payment provider or applicable regulation. 
    4. STAMP ID. A unique STAMP ID may be assigned to enable simplified access across participating merchants, which the User may need to show at merchant´s point of sale for identification purposes.
  1. USE OF THE SERVICE; ACCEPTABLE USE AND ANTI-FRAUD
    1. Lawful Use. The User must use the Service lawfully and in good faith, including providing truthful information and complying with customs presentation and timelines.
    2. Prohibited Uses. The User must not attempt to misuse the Service, including any action intended to deceive customs or tax administrators, interfere with security or fraud-detection measures, reverse engineer the Software, or use automated means to access the Service except through documented APIs.
    3. Monitoring. STAMP may monitor for security and integrity purposes and may suspend or restrict access in case of suspected fraud, abuse, or security risk, acting proportionately and with notice where feasible.
  1. OBLIGATIONS OF STAMP.
    1. STAMP shall:  
  1. operate the Service with reasonable skill and care; 
  2. implement appropriate technical and organizational measures to protect the Service and Personal Data;
  3. provide reasonable notice of material changes to the Service or these Terms in accordance with Clause 13; and
  4. schedule maintenance windows and use reasonable efforts to minimize disruption. 
  1. All obligations of STAMP under this clause are performed in its capacity as a software provider. Nothing in this clause implies or constitutes any role outside the limitations set out in Clauses 1 and 2.
  2. The Software and the Service are provided on an “as is” and “as available” basis. STAMP does not warrant that the Service will be uninterrupted, error-free, compatible with all devices or networks, or that it will produce any specific tax, customs, eligibility, validation or refund outcome.
  1. OBLIGATIONS OF THE USER.
    1. The User agrees to: 
  1. provide accurate information and supporting documents;
  2. present goods, invoices and other legally required documents at the EU Exit Point with the Legal Time Limits and obtain Customs Validation;
  3. maintain device and account security;
  4. accept and honour the Payment Commitment expressly as part of the acceptance of these Terms;
  5. pay applicable Fees and Management and Operational Costs disclosed in-app; and
  6. comply with applicable laws and these Terms. 
  1. PRE-AUTHORIZATION AND PAYMENT COMMITMENT. 
    1. Pre-Authorization. To secure the merchant’s position pending customs validation, the Service may place a Pre-Authorization on the User’s payment method for up to the VAT-Equivalent Amount. The Pre-Authorization is a temporary hold, not a collection of funds and not financing. Holds are released upon successful Customs Validation or Executed upon the conditions in 7.3. 
    2. Acceptance through the Terms and Use of the Service. By accepting these Terms and using the Service at any participating Merchant, the User accepts the Payment Commitment as part of the contractual framework applicable to the Service. The User acknowledges that, where the Real Tax Free flow is used, a Pre-Authorization may be placed and the Payment Commitment may be Executed in the circumstances described in these Terms, up to the VAT-Equivalent Amount and any other Fees or charges disclosed to the User. STAMP may retain electronic records evidencing acceptance of these Terms, use of the Service, transaction details, Pre-Authorizations, Executions and related communications.
    3. Binding obligation. The Payment Commitment forms a binding contractual obligation of the User under these Terms, without prejudice to any mandatory consumer rights under applicable law.
    4. Execution. The Pre-Authorization may be Executed if Customs Validation is not obtained within the applicable Legal Time Limits, if Customs Validation is not obtained within twenty-four (24) hours after the User’s declared departure date, if Customs Validation is rejected by customs, or if a Risk-Based Early Execution event occurs. In the case of Risk-Based Early Execution, the Execution is a contractual risk-control mechanism pending Customs Validation and does not affect the User’s right to obtain a refund or reversal if Customs Validation is subsequently obtained within the applicable Legal Time Limits. In the event of a Pre-Authorization Execution the corresponding amount will be transferred to the merchant, in accordance with these Terms and applicable law. If Customs Validation is properly obtained, the Pre-Authorization will be released.
    5. SCA and Receipts. SCA may be required by the User’s payment provider. The User will receive an in-app confirmation of any Pre-Authorization, Execution, or release. 
  1. ELIGIBILITY, RISK ANALYSIS AND NO OUTCOME GUARANTEE.
    1. The Service includes risk analysis and eligibility checks the leverage data supplied by the User and Merchant, and verification signals permitted by law. 
    2. These checks are designed to help determine whether a purchase may fall within the travellers’ VAT regime. 
    3. Any such pre-validation is indicative only. 
    4. Eligibility may or may not be confirmed after purchase. The Merchant reserves the right, at the time of purchase or at any point before the transaction is finalized, to remove or decline the User’s eligibility based on its own assessment, verification, or risk criteria. Such decision is the Merchant’s sole responsibility and does not constitute an obligation or representation by STAMP.
    5. Final eligibility depends on legal and factual conditions outside STAMP’s control, including the User’s departure from the EU within the Legal Time Limits, the presentation of the unused goods and invoices at customs, and the issuance of the appropriate electronic validation by the competent administration. There is no guarantee of eligibility, and the User acknowledges that eligibility may be revoked at any stage.
    6. STAMP does not warrant or guarantee the outcome of any customs validation, the applicability of any exemption, or the availability of any refund. STAMP provides software only and its role remains subject to the limitations set out in Clauses 1 and 2.
    7. The use of profiling signals for risk / eligibility is further described in the Privacy section and detailed privacy notice. 
    8. Real Tax Free flow at checkout: Where the User is considered eligible at the time of purchase, the Merchant may apply the Real Tax Free flow at checkout, such that the User does not pay VAT-equivalent amount at the time of the transaction. This exemption is conditional upon the User subsequently obtaining Customs Validation within the applicable Legal Time Limits. If Customs Validation is not obtained, the User remains liable for the VAT-Equivalent Amount under the Payment Commitment and, in addition, the eight percent (8%) Contractual Charge will apply. The application of the Real Tax Free flow at checkout is the Merchant’s decision and responsibility; STAMP provides software and does not manage, administer, or apply any VAT exemption.
    9. Access to the Real Tax Free flow is conditional upon completion of the required eligibility, risk-analysis and payment-authentication steps through the Service.
    10. STAMP’s risk analysis may affect the availability, timing or conditions of the Real Tax Free flow, including the timing of any Pre-Authorization or Execution of the Payment Commitment, but it does not determine the User’s legal eligibility under the travellers’ VAT regime, which remains subject to applicable law and customs validation.
  1. CUSTOMS OBLIGATIONS AND CONSEQUENCES OF NON-VALIDATION.
    1. The User must personally present the unused goods and supporting invoices to the competent customs authorities at the EU Exit Point and obtain the required electronic validation within the applicable Legal Time Limits. 
    2. In Spain, validation is performed through the DIVA system at customs.
    3. In Italy, validation is performed through the OTELLO system of the Agenzia delle Dogane e dei Monopoli. 
    4. The User bears responsibility for timely exit and for obtaining the customs validation. The customs presentation obligation applies regardless of whether the User departs from the same country where the purchase was made or from a different EU Member State.
      1. Checked Baggage and Departures from a different country. Where the User’s goods are in Checked Baggage (hold luggage) and the User departs the EU from a country different from the country of purchase, the following rules apply:
  1. If the goods are in Checked Baggage checked through to a final destination outside the EU, the User must present the goods and invoices for Customs Validation at the customs office of the EU Member State of departure (i.e., the last EU airport or border point before exit), unless applicable regulations require presentation at an earlier point. 
  2. If the User’s itinerary involves a transit through an intermediate EU Member State, the User must verify which customs office has jurisdiction over the validation and must ensure that goods are available for inspection if required. In certain cases, the customs office at the first point of departure may need to process the validation before the luggage is checked through.
  3. The User is solely responsible for understanding the customs presentation requirements applicable to their specific itinerary. STAMP’s Software may display guidance or alerts related to the User’s departure route, but such guidance is informational only and does not substitute the User’s obligation to comply with applicable customs rules. 
  4. Failure to obtain Customs Validation due to departure from a different country or incorrect presentation of Checked Baggage does not relieve the User of the Payment Commitment or the eight percent (8%) Contractual Charge. STAMP’s role remains subject to the limitations set out in Clauses 1 and 2. and is not responsible for the User’s customs compliance.
  1. The following consequences apply when customs validation is not obtained:
    1. Execution: the Payment Commitment may be executed, and the VAT-equivalent amount shown on the invoices may be charged to the User’s payment method and, as applicable, transferred to the merchant. 
  2. 8% Contractual Charge: In addition, if the User does not go through customs, the User agrees to pay the eight percent (8%) Contractual Charge. This is a contractual charge reflecting non-presentation and is not VAT management by STAMP. The 8% Contractual Charge is calculated on the VAT-equivalent amount shown on the relevant merchant invoice and constitutes a purely contractual obligation between the User and STAMP. If the eight percent (8%) Contractual Charge does not reach a minimum amount of three euros (3€), then three euros (3€) will be the amount charged. Under no circumstances does this charge imply that STAMP manages, administers, collects, or remits VAT.
    1. Costs: Management and Operational Costs disclosed in-app may also apply. 
  3. Nothing in this section changes the fact that STAMP’s role remains subject to the limitations set out in Clauses 1 and 2. 
  4. These charges operate solely under the contractual Payment Commitment and these Terms, and reflect the failure to complete the mandatory customs validation step.

  1. FEES FOR SOFTWARE FEATURES, RISK MANAGEMENT, AND ANALYSIS.
    1. STAMP charges Fees as consideration for the provision of its software-based services, including pre-purchase verification, eligibility analysis, risk analysis, automation, traceability, user support and access to the Real Tax Free flow when available and/or eligible. Fees are charged for the performance and availability of these software services, regardless of whether Customs Validation is ultimately obtained, unless otherwise stated in-app or required by mandatory consumer law.
    2. The Service includes optional software features such as risk screening, eligibility analysis, automation, data traceability, and user support. 
    3. Before the User uses a paid feature or completes a transaction through the Service, the applicable Fee, the payer of such Fee and whether the Fee includes applicable taxes on STAMP’s own service will be displayed in-app or at the point of use. The Fees displayed at that time will prevail over any illustrative fee tables in these Terms.
    4. The price of risk management services, analysis, and related software modules is displayed in-app or at the point of use and may vary by transaction value, feature bundle, and country.
    5. Where permitted, the fee may be paid by the User or the merchant, depending on the commercial configuration.
    6. Fees are for software services only and are separate from any taxes or amounts a merchant must handle under law. 
    7. If a customs validation is not obtained, management and operational costs may also apply as shown in-app, in addition to the eight percent (8%) Contractual Charge described above and any execution of the Payment Commitment.
    8. Where applicable, consumer price display will indicate whether Stamp’s service Fees include VAT. 
    9. Illustrative Fee Table by Country. The indicative fee tiers displayed in-app prevail over any examples in these Terms. A receipt or in-app confirmation is provided for paid fees. The tables below are illustrative and reflect standard pricing. Different Merchants may agree with STAMP different fee structures, tiers, or pricing arrangements, and the Fees applicable to the User for any given transaction are those displayed in-app or shown by the merchant at the time of use.

Illustrative software service fees for eligibility analysis and risk management for Spain

Transaction value (gross, incl. VAT)

Indicative service fee (EUR)

€0 – €150

€1.99

€150 – €300

€3.99 

€300 – €500

€9.99 

€500 – €2,000

€19.99 

€2,000 – €5,000

€24.99 

€5,000 – €10,000

€39.99 

€10,000 – €20,000

€49.99 

€20,000 +

1.00% of ticket 

Illustrative software service fees for eligibility analysis and risk management for Italy

Transaction value (gross, incl. VAT)

Indicative service fee (EUR)

€0 – €70

€0.00

€70 – €150

€1.49

€150 – €300

€3.99

€300 – €500

€9.99

€500 – €2,000

€19.99

€2,000 – €5,000

€24.99

€5,000 – €10,000

€39.99

€10,000 – €20,000

€49.99

€20,000 +

1.00% of ticket

  1. Fees are charged for software features such as risk analysis and eligibility checks. They are not VAT management fees, and they do not alter legal obligations of merchants or Users. Actual prices shown in-app prevail. Different Merchants may apply different fees or pricing arrangements agreed with STAMP; such arrangements do not affect the validity of these Terms.
  1. COUNTRY-SPECIFIC OPERATIONAL REQUIREMENTS.
    1. Spain: Purchases in Spain require the Merchant to issue an invoice in accordance with Spanish law and a document called DER. The User must depart the EU within the Legal Time Limits and obtain validation through DIVA by scanning the DER at the customs area, presenting goods and invoices as required. Where goods are in Checked Baggage and the User departs from a country other than Spain, the rules in clause 9.4.1. apply. If DIVA validation is properly obtained within the legal window, any pre-authorization linked to the VAT amount is released. If validation is not obtained or is denied, the Payment Commitment may be executed and the VAT-equivalent amount charged, and the eight percent (8%) Contractual Charge will be charged if the User does not go through customs, together with any disclosed management and operational costs. STAMP’s role remains subject to the limitations set out in Clauses 1 and 2.
      1. Merchant Exit Clause. If the Merchant fails to fulfil its material obligations in connection with a transaction processed through the Service in Spain (including, without limitation, failure to issue a correct invoice, failure to cooperate with DIVA validation, or failure to process a refund to which the User is entitled after successful Customs Validation), the User may notify STAMP through the in-app support channel, and STAMP will use reasonable efforts to facilitate resolution. If the Merchant’s failure is not remedied within a reasonable period, the User may elect to exit the affected transaction by notifying STAMP. In such case: 
  1. any active Pre-Authorization linked to the affected transaction will be released;
  2. the Payment Commitment will not be executed to the extent attributable to the Merchant’s failure; and
  3. STAMP will provide the User with reasonable assistance to exercise any rights the User may have against the Merchant under applicable Spanish consumer law, limited to software-based support, transaction information and communication facilitation, and does not constitute representation of the User or assumption of the Merchant’s obligations. This provision does not create any obligation on STAMP to manage VAT or assume the Merchant’s statutory duties.
  1. Italy: Purchases in Italy require the Merchant to issue the applicable tax-free invoicing format in accordance with Italian law. The User must depart the EU within the Legal Time Limits and obtain the customs visa via OTELLO within the time limits set by the law, presenting goods and invoices to the customs office. Where goods are in Checked Baggage and the User departs from a country other than Italy, the rules in clause 9.4.1. apply. If OTELLO validation is properly obtained, any pre-authorization linked to the VAT amount is released. If validation is not obtained or is denied, the Payment Commitment may be executed and the VAT-equivalent amount charged, and the eight percent (8%) Contractual Charge will be charged if the User does not go through customs, together with any disclosed management and operational costs. STAMP’s role remains subject to the limitations set out in Clauses 1 and 2.
    1. Merchant Exit Clause. If the Merchant fails to fulfil its material obligations in connection with a transaction processed through the Service in Italy (including, without limitation, failure to issue a correct invoice, failure to cooperate with OTELLO validation, or failure to process a refund to which the User is entitled after successful Customs Validation), the User may notify STAMP through the in-app support channel, and STAMP will use reasonable efforts to facilitate resolution. If the Merchant’s failure is not remedied within a reasonable period, the User may elect to exit the affected transaction by notifying STAMP. In such case:
  1. any active Pre-Authorization linked to the affected transaction will be released;
  2. the Payment Commitment will not be executed to the extent attributable to the Merchant’s failure; and
  3. STAMP will provide the User with reasonable assistance to exercise any rights the User may have against the Merchant under applicable Italian consumer law, limited to software-based support, transaction information and communication facilitation, and does not constitute representation of the User or assumption of the Merchant’s obligations. This provision does not create any obligation on STAMP to manage VAT or assume the Merchant’s statutory duties.
  1.  DATA PROTECTION AND PROCESSING BY SUBSIDIARIES.
    1. Controller and Contracts. The controller is STAMP BV or the relevant STAMP group entity identified in the app or merchant portal. The Data Protection Officer (DPO) may be contacted at info@askforstamp.com. Additional contact details are provided in-app and on our website.
    2. Purposes and Legal Bases. STAMP processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable national rules, including Spain's LOPDGDD and Italy's data protection framework. STAMP processes Personal Data to provide the Service (performance of a contract), operate risk analysis and eligibility features (legitimate interests and, where applicable, consent), ensure security and fraud prevention (legitimate interests), provide support (performance of a contract), comply with legal obligations (legal obligation), and, where applicable, send service communications (performance of a contract/legitimate interests). Where consent is relied upon for specific features, it may be withdrawn at any time without affecting prior processing.
    3. Recipients and Transfers. 
      1. The data will be processed by STAMP BV and any of its subsidiaries where necessary to provide the Service, operate risk analysis and eligibility features, maintain security and integrity of the Platform, provide support, and comply with legal obligations. Personal Data may be shared with STAMP Subsidiaries and service providers under Article 28 GDPR, payment service providers, and competent authorities when required by law. Such intra-group processing is performed under appropriate safeguards and in accordance with GDPR regulations on recipients, joint controllership where applicable, and processors acting under Article 28 GDPR. International transfers, if any, use appropriate safeguards (e.g., EU Standard Contractual Clauses). The User expressly acknowledges and accepts that Personal Data may be processed by STAMP BV or any of its Subsidiaries for the purposes described in this clause.
      2. Where the User chooses to use the Service in connection with a purchase from a particular Merchant, the User expressly acknowledges and accepts that the Personal Data necessary for that transaction (including identification, transaction, invoice, eligibility, and customs-validation data) may be shared with that Merchant. The Merchant acts as an independent controller or, where applicable, joint controller in respect of such data and processes it for its own purposes, including issuing the invoice, applying or declining the Real Tax Free flow, cooperating with customs validation through DIVA or OTELLO, complying with its tax, invoicing and reporting obligations, and processing any refund to which the User may be entitled under applicable law. Such sharing takes place only with those Merchants at which the User elects to use the Service and only to the extent necessary for the relevant transaction.
    4. Retention. We retain Personal Data only as long as necessary for the purposes described, including legal and accounting duties, then delete or irreversibly anonymize it. 
    5. Automated Decision and Profiling. Risk Analysis uses profiling signals to help identify eligibility or potential fraud. No decision producing legal or similarly significant effects is made solely by automated means without human involvement. The User has the right to obtain human review, to express their point of view, and to contest a decision.
    6. User Rights. Users have the rights to access, rectification, erasure, restriction, portability, and objection, and the right to lodge a complaint with the competent supervisory authority (Spain: AEPD; Italy: Garante). Exercise rights via in-app tools or the contacts provided, including the DPO at info@askforstamp.com.
    7. Contact details for privacy requests and the identity of the local representative or DPO, where appointed, are provided in the app and on the official website. The DPO may be contacted at info@askforstamp.com.
    8. Additional Spain or Italy specific notices may apply and will be made available through the relevant user interfaces.
  1. SERVICE AVAILABILITY, THIRD-PARTY SYSTEMS, AND LIMITATIONS.
    1. The Service depends on third-party and governmental systems, including DIVA in Spain and OTELLO in Italy. 
    2. Availability of these systems is outside STAMP’s control.
    3. STAMP will operate the Platform diligently but does not warrant uninterrupted access or that governmental systems will be available or responsive at the User’s point of exit. 
    4. If a governmental system is unavailable, the User remains responsible for completing customs formalities within the Legal Time Limits through the channels made available by the administration. 
    5. STAMP is not liable for delays or failures caused by third-party platforms, incorrect or incomplete data provided by the User or Merchant, or force majeure. 
    6. Nothing in these Terms limits liability that cannot be limited by law. To the maximum extent permitted by applicable law, STAMP excludes indirect, incidental, or consequential damages, and limits direct damages to reasonable amounts proportionate to the User’s use of the Service, except for death or personal injury, wilful misconduct, or gross negligence.
  1. INTELLECTUAL PROPERTY AND ACCEPTABLE USE.
    1. All intellectual property in the Software, Platform, applications, and documentation is owned by STAMP.
    2. No rights are assigned or licensed beyond those strictly necessary for the User to access and use the Service under these Terms. 
    3. The User must not reverse engineer, copy, or misuse the Software or attempt to bypass controls, fraud detection, or security measures. 
    4. Use of the Service that is unlawful, abusive, or intended to mislead customs or tax administrations is prohibited and may result in suspension and legal action. 
  1. CHANGES TO THE SERVICE AND TO THESE TERMS.
    1. STAMP may update the Service and these Terms and related operating policies when necessary to reflect legal, technical, or commercial changes.
    2. For consumer Users, material changes will be notified in-app or by email reasonably in advance, stating reasons and the effective date. If the User does not agree with a material change, the User may stop using the Service and close their account before the effective date without penalty.
    3. Continued use after the effective date constitutes acceptance of the updated Terms. 
    4. Updates required by law or for security reasons may take effect immediately with notice. 
  1. SUSPENSION AND TERMINATION OF SERVICE. 
    1. STAMP may suspend or terminate access where reasonably necessary for security, suspected fraud or abuse, or to comply with legal requirements, acting proportionately and with notice where feasible.
    2. The User may terminate at any time by closing their account. 
  1. CONSUMER RIGHTS AND WITHDRAWAL.
    1. Where the User acts as a consumer, the User may have a statutory right of withdrawal under applicable consumer law, unless an exception applies.
    2. The User expressly requests STAMP to begin performance of the paid Service immediately, including the eligibility check, risk analysis and related software features required to access the Real Tax Free flow. The User acknowledges that, once such Service has been fully performed, the User may lose the right of withdrawal in respect of that paid Service, to the extent permitted by applicable consumer law.
    3. Where the User withdraws before the paid Service has been fully performed, the User may be required to pay an amount proportionate to the part of the Service already provided, to the extent permitted by applicable consumer law.
    4. Withdrawal from STAMP’s paid software Service does not affect the User’s statutory customs obligations, the Merchant’s tax obligations, or any Payment Commitment, Pre-Authorization, Execution, eight percent (8%) Contractual Charge or other obligation already validly accepted in connection with a transaction, except where mandatory consumer law provides otherwise.
    5. These Terms do not limit any mandatory consumer rights. 
  1. THIRD-PARTY PAYMENTS SERVICES.
    1. Card and payment processing is performed by licensed payment service providers. STAMP does not store full primary account numbers. 
    2. The User’s use of a payment method may also be subject to the User’s payment provider’s terms. 
    3. STAMP may offer different refund or reversal methods depending on availability, country, currency and payment providers. If the User requests or uses a refund method that generates third-party transfer, banking, currency conversion or payment processing costs, those costs may be borne by the User and deducted from the amount payable or charged separately, provided that the applicable costs are disclosed in-app before confirmation and subject to mandatory consumer law.
  1. REPRESENTATIONS AND WARRANTIES BY THE USER. 
    1. The User represents that:
  1. the User is legally capable of entering into these Terms;
  2. the User lawfully controls the payment instrument used;
  3. information the User provides is accurate and complete; and
  4. where the User claims travellers’ VAT regime benefits, the User meets applicable factual conditions (including non-EU residency where required by law). 
  1. FORCE MAJEURE.
    1. Neither party is responsible for delay or failure to perform due to Force Majeure.
    2. If a Governmental System outage occurs, the User remains responsible for completing customs formalities within Legal Time Limits using available channels.
  1. ENTIRE AGREEMENT, ASSIGNMENT AND SEVERABILITY.
    1. These Terms, together with the Payment Commitment and any country-specific notices made available in the app or merchant portal, constitute the entire agreement between the User and STAMP regarding the Service in the Available Countries. 
    2. If any provision is found invalid or unenforceable, the remaining provisions remain in force and will be applied to the fullest extent permitted by the law.
    3. STAMP may assign its rights and obligations within the group. 
    4. The User may not assign these Terms without STAMP’s prior written consent. 
  1. NOTICES AND COMMUNICATIONS; LANGUAGE.
    1. STAMP may deliver notices and communications to the User through the App, by email to the address registered in the User's account, via the user’s account area, by SMS or any other channels facilitated by the user. Notices shall be deemed received at the time of transmission.
    2. The User is solely responsible for keeping their contact information up to date within the account. STAMP shall not be liable for any failure to receive notices resulting from inaccurate or outdated contact details provided by the User.
    3. In case of discrepancy between language versions, the English version governs unless local consumer law requires otherwise. 
  1. GOVERNING LAW, JURISDICTION, AND COMPLAINTS/ADR.
    1. For purchases and use of the Service in Spain, Spanish law governs these Terms, and the competent courts are those designated by mandatory rules, including consumer protection rules where the User is a consumer. 
    2. For purchases and use of the Service in Italy, Italian law governs these Terms, and the competent courts are those designated by mandatory rules, including consumer protection rules where the User is a consumer. 
    3. Mandatory consumer law protections in the country of purchase apply and prevail over any conflicting choice-of-law or forum provision. 
    4. The User may use the in-app complaints channel; nothing limits the User’s right to go to court or, where available, to use EU ODR or local ADR mechanisms.
  1. CONTACT AND SUPPORT.
    1. Support and contact details are provided within the app and on the official website. 
    2. Privacy enquiries should be directed to the contacts identified in the privacy notices available in-app, including the DPO at info@askforstamp.com.
    3. Operational and billing enquiries should be raised through the in-app support channels or by email to the address shown in the User’s account area.
    4. STAMP BV is a company incorporated in the Netherlands, with registered office at Herengracht 420, 1017 BZ, Amsterdam, with VAT number NL858006741B01.
  1. TIMELINES, REFUNDS, AND COUNTRY-SPECIFIC DEADLINES.
    1. The Software adapts to the legal timelines and refund regulations applicable in each country. The deadlines for customs presentation, validation, and any resulting refund are determined by applicable law and the competent administration in each jurisdiction, not by STAMP. 
    2. The Software is configured to reflect the specific regulatory frameworks, deadlines, and refund processes of each country, and is updated when changes in applicable law or administrative practice require adaptation. 
    3. In Spain, the applicable timelines are those established by AEAT through the DIVA system.
    4. In Italy, the applicable timelines are those established by the Agenzia delle Dogane e dei Monopoli through the OTELLO system and applicable Italian law, including the ninety (90) day exit requirement. 
    5. STAMP does not assume direct responsibility for the legal deadlines set by each administration, the processing times of Governmental Systems, or the timing of any refund. The User is solely responsible for meeting all applicable Legal Time Limits. 
    6. Any refund arising from a validated transaction under the travellers’ VAT regime is processed in accordance with the applicable country’s laws and the Merchant’s obligations. STAMP facilitates the process through its Software but does not manage, process, or guarantee any refund. STAMP’s role remains subject to the limitations set out in Clauses 1 and 2. The timing and method of any refund depend on the Merchant and the applicable administration; STAMP’s Software provides tracking and notification features but does not control or guarantee refund timelines.
  1. MERCHANT-SPECIFIC FEE ARRANGEMENTS AND COMMERCIAL CONDITIONS.
    1. Different Merchants participating in the Service may agree with STAMP different fee structures, commercial conditions, service tiers, or pricing arrangements. The fee tables set out in clause 10.9 are illustrative and reflect standard pricing; actual Fees may differ by Merchant.
    2. Such merchant-specific arrangements are independent of these Terms and do not affect the validity, enforceability, or application of these Terms as between STAMP and the User. 
    3. The Fees and conditions applicable to the User for any given transaction are those displayed in-app at the time of use, regardless of the Merchant’s separate commercial arrangement with STAMP.
    4. STAMP’s role in all such arrangements remains exclusively that of a software provider, subject to the limitations set out in Clauses 1 and 2. No merchant-specific arrangement implies or constitutes VAT management by STAMP.
  1. MERCHANT OBLIGATIONS AND USER EXIT MECHANISM.
    1. Merchant Obligations. The Merchant is solely responsible for:
  1. issuing invoices or documents in accordance with applicable Spanish or Italian law;
  2. applying or declining the Real Tax Free flow at checkout in accordance with applicable law and its own criteria;
  3. cooperating with the customs validation process, including DIVA (Spain) and OTELLO (Italy);
  4. processing any refund to which the User is entitled upon successful Customs Validation, in accordance with applicable law and within the timelines set by the applicable administration; and
  5. complying with all applicable tax, invoicing and consumer protection obligations. STAMP does not assume any of the Merchant's obligations and its role remains subject to the limitations set out in Clauses 1 and 2.
  1. User Exit Mechanism. If a Merchant Exit Event occurs, the User may invoke the exit mechanism described in the applicable country-specific provisions of Clause 11. The User's rights under this Section are without prejudice to any other rights or remedies available under applicable consumer law.
  2. STAMP's Role. STAMP's involvement in any Merchant Exit Event is limited to facilitating communication and providing reasonable software-based assistance. STAMP does not assume the Merchant's obligations, does not manage VAT, and is not liable for the Merchant's failure to comply with its statutory or contractual duties.
  1. REAL TAX FREE AT THE POINT OF SALE.
    1. Where the User is considered eligible at the time of purchase based on the Risk Analysis and the Merchant's own assessment, the Merchant may apply the Real Tax Free flow at checkout. In such case, the User does not pay the VAT-equivalent amount at the time of the transaction.
    2. The Real Tax Free flow at checkout is conditional upon the User subsequently obtaining Customs Validation. If Customs Validation is not obtained, the User remains liable for the VAT-Equivalent Amount, which shall be transferred to the merchant, under the Payment Commitment and, in addition, the eight percent (8%) Contractual Charge will apply.
    3. The decision to apply or decline the Real Tax Free flow at checkout is the Merchant's sole decision and responsibility. STAMP provides software only and does not manage, administer, or apply any VAT exemption. The Merchant may remove or decline eligibility at the time of purchase based on its own assessment or risk criteria.
    4. Nothing in this Clause implies that STAMP manages VAT or assumes any obligation relating to the VAT exemption.

  1. FINAL AFFIRMATIONS AND EXPLICIT ACKNOWLEDGEMENTS. 

By accepting these Terms, the User acknowledges and agrees that: 

  1. STAMP is exclusively a software provider and does not manage, administer, calculate, collect, or remit VAT in any form; 
  2. customs presentation and validation are the User's sole obligations, including in scenarios involving Checked Baggage or departures from a country different from the country of purchase; 
  3. if the User does not go through customs, the eight percent (8%) Contractual Charge will apply as a purely contractual charge and not as VAT management. If the eight percent (8%) Contractual Charge does not reach a minimum amount of three euros (3€), three euros (3€) will be the amount charged.
  4. the Payment Commitment may be Executed when Customs Validation is not obtained;
  5. eligibility may or may not be confirmed despite any pre-validation or risk analysis, and there is no guarantee of eligibility; 

(e-bis) the Merchant reserves the right to remove or decline the User's eligibility at the time of purchase;

  1. where the User is considered eligible, the Real Tax Free flow at checkout is conditional upon subsequent Customs Validation;
  2. Fees disclosed in-app are for software services such as risk management and analysis and are not VAT management fees; 
  3. different Merchants may have different fee arrangements with STAMP;
  4. Personal Data may be processed by STAMP BV and any of its Subsidiaries in compliance with GDPR, Spain's LOPDGDD, and Italy's data protection framework, and the DPO may be contacted at info@askforstamp.com;
  5. the Software adapts to country-specific timelines and refund regulations, but STAMP does not assume responsibility for legal deadlines or refund processing; and
  6. the User expressly accepts the Payment Commitment as a binding contractual obligation forming part of these Terms; 
  7. the User has the right to invoke the Merchant Exit Mechanism under Clause 27 if the Merchant fails to fulfil its material obligations; and 
  8. all Fees, charges, and obligations under these Terms relate to STAMP's software services and under no circumstances constitute VAT management by STAMP.