Terms & Condition

1. How to read this agreement

This Agreement consists of 18 sections. When you have an account with us, you participate

in the VAT refund program we offer. This Agreement applies to your account and all services

involving your account as a Framework Agreement.

2. Why you should read this agreement

This Agreement outlines the conditions under which we provide our services. Please read it

carefully before using our services. It explains who we are, how we will provide the services

to you, how the Agreement may be changed or terminated, what to do in case of an issue,

and other important information.

By visiting our website and/or using our services (including downloading and using our

application), you confirm that you accept and agree to this Agreement. If you do not accept,

please refrain from using our services.

3. Glossary

In this Agreement:

 

Account: Refers to the account(s) you open with us in accordance with the terms of this
Agreement.

 

App: Refers to the mobile application software, the data provided with the software,
and related media.

 

Business Day: Refers to any day that is not a Saturday, Sunday, or public holiday in Turkey.

 

Goods: Refers to portable items, including special luggage, purchased for personal use and
taken abroad. Such goods must be purchased from a VAT-registered retailer in Turkey.

 

Retailer: Refers to a VAT-registered retailer in Turkey.

 

Services: Refers to all products, services, content, features, technologies, or functions
provided by us, and all related websites, applications (including the Application), and
services (including website and API).

 

VAT Form: Refers to the Tax-Free form provided by the retailer.


Cancellation Fee:
Refers to the amount deducted from the users account in case of
arbitrary cancellation or withdrawal of transactions without valid reason, as indicated in the
service terms.

 

Website: Refers to any website where we provide services, including www.tpoint.app.

4. T-Point APP and API

We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any AppStore provider or operator whose sites are located at App Store and Google Play. We do not sell the App to you. We remain the owners of the App at all times.


From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.


In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your device and the API subject to this Agreement. We reserve all other rights.

5. Who we are, what we do and how to contact us and you

T-Point is a company established under Turkish law. It supports foreign tourists residing

abroad and Turkish citizens. It is software developed to facilitate the VAT refund process

through visitors' personal mobile devices, offer additional services, and provide advantages

from member businesses.

Under the VAT refund service we provide:

 

T-Point calculates the VAT refund for the goods purchased from our partner retailer via
integration with the intermediary institution. After the user approves, the refund amount is
either credited instantly or advanced for spending.

Since the transaction fee is calculated by the intermediary institution, we only display the

refundable amount. Therefore, no information regarding the transaction fee is provided.

Services are provided under the VAT General Implementation Communiqué.

 

Services are offered by Tax Refund Brokerage Inc., a limited liability joint-stock company

organized under Turkish law. The company's registered office is located at Sultan Selim Mah.

Lalegül Sok. No:10 Kat:1 Daire:6 Nef09 Plaza A Blok, Kağıthane/Istanbul. Users spend the

refund amounts provided by Tax Refund Brokerage Inc. in exchange for services offered

through T-Point.

You can contact us via info@tpoint.app, the in-app chat, or by calling +90 532 257 64 68. We

may also contact you via the Application, email, or by mail to the address you provided

during registration.

6. Who can use our Services

To be eligible to use our services:

• You must be an individual residing outside of Turkey and visiting Turkey.
• You must purchase items for your personal consumption.
• The purchased items must be exported outside of Turkey in your personal luggage by
the end of the third month following the month of purchase.
 

7. Commencement

We may contact you electronically by mail, email, or through the Application using the

address provided during registration.

 

All information you provide to us must always be complete, accurate, and truthful. You are

required to update this information as it changes. We are not liable for any financial loss

resulting from your failure to update this information. At any time, we may ask you to

confirm the accuracy of the information you have provided and/or request additional

supporting documents (such as a work permit, foreign residence permit, consulate card,

passport, etc.).

 

All activities under a T-Point Account will be considered as activities performed by you as

the registered user. You may only use the Services to conduct transactions on your account

and not on behalf of any other person or entity.

Unless otherwise agreed in writing, you may only open one T-Point Account. If multiple

accounts are created for the same user, we reserve the right to close or merge these

accounts.

8. Know Your Customer Process

We are legally required to carry out all necessary security and customer identity verification

checks before we can provide you with any Services. You agree to comply with our requests

for additional information and to provide such information in an acceptable format. You also

authorize us to make any inquiries we deem necessary to verify the information you have

provided, either directly or through a third party.

9. VAT Refund Form, Fees, and Payment

T-Point does not offer a cash refund option. By accepting these terms, you waive your right

to request a cash refund.

Tax-Free amounts transferred to your Metropol Card are non-refundable. The amounts

transferred to the Metropol Card cannot be transferred to another card or account. The

Metropol balance can only be used for purchases at cafes, restaurants, and stores that are

members of Metropol in Turkey. VAT refund amounts loaded onto the Metropol Card

cannot be used for any other purpose and are only valid at businesses within the Metropol

network.

 

When leaving Turkey, you are required to have your VAT form stamped (i.e., approved) by

the relevant authorities.

 

You agree that any refund is always subject to the discretion of the relevant customs and/or

tax authorities, and T-Point will not be liable for failed refund claims.

 

If, as a result of a tax audit or an investigation by customs/tax authorities, T-Point is required

to repay any VAT amount, you acknowledge and agree that T-Point has the right to reclaim

this amount from you.

T-Point will not be held liable for any lost documents submitted to customs/tax authorities.

10.Our Responsibility for Loss and Damage

10.1 Liability for Foreseeable Loss and Damage

If we fail to meet our obligations under this contract or fail to exercise the necessary care
and skill, we accept responsibility for foreseeable loss and damage. Foreseeable loss or
damage is any loss or damage that both parties were aware of at the time the contract was
made, and which was likely to occur. For example, technical errors, data loss, or temporary
unavailability of the T-Point system fall within this scope.

However, foreseeable loss is not limited to such technical issues. If it is clear that a loss will
occur and the parties have discussed it in advance, this will also be considered foreseeable
damage.

To clarify the limits of foreseeable losses and damages, the responsibility of T-Point does not
extend to:

 

• Disruptions caused by third-party service

• Internet connectivity issues

• Data loss or access issues resulting from user errors

In such cases, we shall not be held liable, but we commit to taking the necessary

precautions for all situations where we do accept liability.

10.2 Liability for Unforeseeable Loss and Damage


T-Point is not liable for unforeseeable loss or damage. Unforeseeable loss or damage refers
to any situation where the risk was not openly discussed between the parties or could not
have been reasonably foreseen at the time the contract was made. For example,
unexpected outages caused by third-party systems, hardware failures, or individual user
errors while using the service fall under this category.

To determine whether a loss or damage is foreseeable, it must be established whether both
parties were aware of the risk at the time the contract was made. If such a situation was not
explicitly mentioned during the contract process or resulted from an unexpected external
factor, these losses are considered unforeseeable, and T-Point bears no liability for them.

In summary, unforeseeable losses and damages are events that do not arise directly from
the nature of the service and are beyond our control. You agree that we will not be held
liable for such events.

10.3 Situations Where Our Liability Cannot Be Excluded or Limited by Law


T-Point accepts liability for situations where the law does not allow exclusion or limitation of
our responsibility. This includes, for instance, death or personal injury caused by our
negligence, fraud, or fraudulent misrepresentation. However, negligence by subcontractors,
agents, or third-party service providers whom we do not directly manage or control is not
included in this liability.

Specifically, T-Point’s control over services provided through the platform by third-party
service providers is limited. Therefore, we cannot be held directly liable for events resulting
from the negligence of such service providers. Nonetheless, we exercise care in selecting
subcontractors and agents to ensure the highest level of service security.

10.4 Disclaimer of Liability for Commercial Losses


T-Point is designed for individual users, and we do not accept liability for losses resulting
from the commercial or business use of our services. This includes losses such as business
loss, loss of profit, business interruption, or loss of business opportunities. If you use T-Point
for commercial purposes, you acknowledge that you cannot claim compensation for such
losses from us.

10.5 Disclaimer of Liability for Technological Attacks

T-Point will not be liable for any loss or damage caused by viruses, malware, cyber-attacks,
or other technological threats affecting our systems. Any damage to your computer
equipment, data, or software as a result of using our services due to such technological
threats is entirely your responsibility. However, we strive to provide the highest security
standards to ensure a safe experience and work continuously to improve our security
measures.

10.6 Control Over Linked Websites

We have no control over third-party websites that can be accessed via links on the T-Point
platform or websites that link to the T-Point platform. The content, privacy policies, or
terms of use of these sites are not our responsibility. Any loss or damage arising from
interactions with these sites is the responsibility of the respective third party, and T-Point
cannot be held liable for such situations. While we take care to ensure the security of linked
sites, the ultimate responsibility lies with the user.

10.7 Force Majeure

T-Point is not liable for any delays or failure to perform services due to events outside our
control. Force majeure events include natural disasters, pandemics, government
regulations, legal changes, wars, strikes, terrorist attacks, infrastructure failures, and other
events beyond our control. In such cases, we may be unable to provide services or may need
to temporarily suspend them, but we will do our best to resume service as soon as possible.

10.8 User Errors and Violations of the Law

When using T-Point, you agree to use our services legally and properly. We are not
responsible for any loss, damage, or costs arising from your misuse of the services,
violations of the law, or breaches of this agreement. In such cases, you agree to cover any
damages and hold us harmless. This clause will remain in effect even after your relationship
with T-Point ends.

11.Your obligations

Under this Agreement, you agree to the following terms and conditions:
• You must provide your personal data as outlined in Section 7;
• You must not present yourself as acting on behalf of T-Point or any intermediary, or engage in any activities that create such an impression.
• You must ensure that the items listed on the VAT Form are the same items exported outside of Turkey.
• Upon departing from Turkey, you must complete all necessary customs procedures and obtain a customs stamp or other official approval on the VAT Form to verify the export of the items.
• You must comply with all applicable Turkish laws and regulations, including the Value Added Tax General Application Communiqué.
Additionally, you acknowledge that your VAT refund claim may be rejected by Tax Refund Intermediary A.Ş. and/or Customs and/or tax authorities in cases including but not limited to:
• The information you provided is incorrect, incomplete, misleading, or insufficient, or there is any suspicion of illegal activity (including fraud),
• You have already received or applied for another tax refund for the same items,
• The local customs/tax authorities decide that you are not eligible for a tax refund.
  You must assert your right to claim a tax refund under the Retail Export Scheme. There are severe penalties for misleading statements or incorrect declarations. In some cases, we may request additional information to support your claim. In cases of suspected fraud, we reserve the right not to issue a refund and to report the matter to the authorities.

12. Penalties

12.1 Cancellation Penalty:

If the User cancels transactions performed through the T-Point application arbitrarily or
without providing a valid reason, a penalty will be deducted from the User’s account in the
amount specified in the transaction or service conditions due to the cancellation. This
penalty will apply if the User requests the reversal of a transaction and does not use the
service. Tax-Free amounts transferred to the Metropol Card are non-refundable. The
amounts transferred to the Metropol Card cannot be transferred to another card or
account. The Metropol balance can only be used for purchases at cafes, restaurants, and
stores that are members of Metropol in Turkey. VAT refund amounts loaded onto the
Metropol Card cannot be used for any other purpose and are only valid at businesses within
the Metropol network.

12.2 Misrepresentation and Provision of Incorrect Information:

Any costs or damages arising from the User’s use of services with incorrect or incomplete
information will be communicated to the User, and all liability will rest with the User. In
such cases, any additional costs and penalties will be deducted from the User’s account or
directly collected from the User.

12.3 Breaches of the Agreement:

If the User breaches any provision of this Agreement, the penalty amount specified in
relation to the breached provision will be deducted from the User’s account or directly
collected from the User. The amount of the penalty will be determined based on the nature
of the breach and the damage caused.

12.4 Delays and Payment Defaults:

If the User fails to make timely payments while using T-Point services, Default Interest will
be applied for each day of delay. Services may be suspended until payments are made, and
a penalty related to the delay may be applied to the User.
 

 

13. When We Can Terminate This Agreement or Suspend Services

We may terminate this Agreement by providing you with written notice five days in advance, or we may terminate or suspend your T-Point Account or any related services. In cases of extraordinary circumstances, we may terminate this Agreement or suspend your services immediately by providing you with written notice. Such extraordinary circumstances include:

• We have reasonable grounds to suspect that you are engaged in any fraudulent activity, money laundering, financing terrorism, or other criminal activities,
• You have not provided the required information, or we have reasonable grounds to believe that the information provided is inaccurate,
• You have seriously or repeatedly violated these terms and conditions, and you have not corrected the situation within 2 business days after we notified you in writing,
• We reasonably believe that your use of our Application or Website has caused or may cause damage to us, our software, systems, or hardware,
• We have reasonable grounds to believe that continuing to use your account may damage our reputation or standing,
• You have failed to repay any amounts owed to us within a reasonable time,
• We are required to do so by law, regulation, court order, or ombudsman directive,
• We are unable to provide services due to force majeure events.

We may also terminate this Agreement and close your account for other reasons. If we do so, we will contact you via the T-Point application at least two months in advance. Once this Agreement is terminated, you will no longer be able to use the Application.

14. When You Can Terminate This Agreement

You can only terminate this Agreement by giving us notice. The services cannot be canceled; however, if you no longer wish to use the services, you may choose to delete the application from your personal device. Deleting the application does not constitute termination of the contract.

15. Consent to Process Your Personal Information

In order to provide services under this Agreement, we will need to collect information about you. By entering into this Agreement, you consent to the collection, processing, and storage of your personal data for the purpose of providing our Services.

All personal information is collected, processed, and stored in compliance with Turkish Law No. 6698 on the Protection of Personal Data and your rights under this Law.
For full details on how your personal data is collected, processed, stored, and retained, as well as the purposes of use, the reasons for use, your rights, and how you can exercise them, and details on the sharing of personal data (if applicable), please refer to our Privacy Policy available at www.T-Point.com or through the Application.

You may withdraw your consent by closing your account, which will terminate your agreement with us. If you do so, we will cease using your personal data for the purpose of providing our services, though we may be required to retain your information for legal reasons.

16. Intellectual Property Rights

All intellectual property rights related to the content, logo, and designs on our Application and website belong to us. However, the logos and designs of member businesses are published with their approval, based on contracts made between us and those businesses, and the intellectual property rights of these contents belong to or are the responsibility of the member businesses.

You must not use our intellectual property rights for your own purposes, and you may only use them to benefit from our products. It is also prohibited to reverse-engineer our products to reproduce them (i.e., to recreate them by analyzing their structure or composition).

17. How to File a Complaint

If you are not satisfied with our service, we will do our best to resolve the issue.

We always strive to provide the best service, but sometimes things may go wrong. If you have a complaint, please contact us by sending an email to info@tpoint.app or by sending a 

WhatsApp message to +90 532 257 64 68. 

We also welcome any feedback, whether positive or negative.

18. Signature and Approval

This Agreement is digitally accepted and approved by you. By pressing the “I AGREE” button after registering for the Application, you agree to the terms of this Agreement, and the process is completed. This acceptance will be considered a legally binding declaration of consent.

19. Some Legal Details

Our contract with us.

This agreement is only between you and us. The rights covered by the agreement are yours alone, and you cannot transfer them to anyone else.

 

Assigning our rights:  If we wish to assign the rights and obligations in the contract, we can do so if we believe it will not adversely affect your rights. We may also transfer rights due to legal requirements or regulations. When we transfer both rights and obligations, we refer to this as a “novation.” When we transfer only the rights, we refer to it as an “assignment.”

 

We may amend these terms.

We may only amend these terms and conditions for the following reasons:

 

To make them clearer and more helpful to you,
If a change in how we conduct our business requires it, especially if there is a change in how we provide technology,
If legal or regulatory requirements apply to us,
To reflect changes in the cost of running our business,
If we introduce new services or products or modify existing services and products.

 

 

Turkish law applies. These terms and conditions are governed by Turkish law, and Turkish courts will have jurisdiction.

 

If a court finds part of this Agreement unlawful. Each paragraph of this Agreement operates independently. If any court or relevant authority determines that any of these paragraphs is unlawful, the remaining paragraphs will remain in force.

 

This Agreement replaces all previous agreements. This Agreement supersedes and invalidates all previous agreements between you and T-Point, whether written or verbal.

Our right to enforce the contract:

If you breach this Agreement and we do not enforce our rights or delay doing so, this does not mean we have waived our rights.