TimeVallée By Gübelin - Terms of Use

These Terms of Use (the “Terms”) govern the receipt, holding, and use of a Tourist Privilege issued by utu REWARDS PTE. LTD. ("utu") through the utu Web App, operated by utu or its affiliates.

By generating a Tourist Privilege through the utu WebApp, you confirm that you have read and agree to these Terms. If you do not agree to these Terms, you must not proceed to generate the Tourist Privilege.

1. DEFINITIONS 

In these Terms, the following words shall have the following meanings:

2. ELIGIBILITY

i. To use a Tourist Privilege, the Tourist must:

• be a non-resident of Switzerland at the time of the qualifying purchase;
• hold a valid, unstamped Tax-Free Form for an eligible purchase; and
• not be listed on any applicable sanctions list nor have failed any identity verification required by utu.
   

ii. utu does not verify or guarantee the Tourist's eligibility for a VAT refund or issue any VAT Refund. The Tourist is solely responsible for ensuring the Tax-Free Form is valid and for completing all customs and refund procedures required by applicable law.

3. TOURIST PRIVILEGE

i. Tourist Privileges may be issued in connection with:

• purchases made at Stores under a VAT Off arrangement; or
• eligible Tax-Free Forms issued by participating retailers under a standard VAT refund process.

ii. The Tax-Free Form issued in connection with purchases made at Stores, including under a VAT Off arrangement shall be eligible for a Tourist Privilege reflecting a 25% Upsize on the applicable VAT Refund Value.

iii. The Tax-Free Form issued by other participating retailers and used in connection with the Programme shall be eligible for a Tourist Privilege reflecting a 15% Upsize on the applicable VAT Refund Value.

iv. The issuance and use of a Tourist Privilege is separate from, and does not replace, any customs validation or VAT refund process required by applicable law or VAT Refund Operator or competent authority. The Tourist remains solely responsible for complying with all applicable tax refund procedures and eligibility conditions.

v. The Tourist Privilege displayed at the time of issuance is final. No adjustment shall be made after issuance, save in the case of a technical or pricing error in accordance with Clause 5(ii)(a).

vi. utu reserves the right to amend the applicable Upsize percentages for future Tourist Privileges at any time. Such amendments shall not affect Tourist Privileges already issued.

4. USE OF THE TOURIST PRIVILEGE

• One or more eligible Tax-Free Forms, up to a maximum of five (5) Forms, may be used to generate a Tourist Privilege, provided all Tax-Free Forms are in the same currency and issued by the same store. Tax-Free Forms issued by different stores or in different currencies cannot be combined. Once used, a Tax-Free Form cannot be reused for another Tourist Privilege issuance.
• The Tourist Privilege is redeemable at the Stores, is valid for a single redemption, and be used on all purchases at the Stores.
• The Stores are independent third parties, and are solely responsible for the quality, safety, compliance, and fulfilment of all goods. utu accepts no liability in connection therewith.
• The Tourist Privilege is non-transferable, non-refundable, non-exchangeable, and has no cash value, except where required by applicable mandatory law.
• The Tourist Privilege shall remain valid for fourteen (14) days from the date of issuance stated on the Tourist Privilege, unless otherwise specified by utu in writing. The validity period relates solely to redemption of the Tourist Privilege and does not create or imply any right of cancellation, return, exchange, or refund.
• Once issued, activated, or redeemed, a Tourist Privilege cannot be cancelled, returned, or exchanged for cash or credit. Any unused value shall be forfeited upon redemption or expiry.
• If a verified technical issue caused by utu prevents redemption of the Tourist Privilege, utu may, acting reasonably in good faith, provide a replacement, extension, or refund.
• If the Purchase Value exceeds the Tourist Privilege, the Tourist shall pay the difference by accepted payment method at the Stores checkout.
• If the Purchase Value is less than the Tourist Privilege, no refund, credit, or residual balance shall be provided and any unused value shall be forfeited.
• The Tourist must not misuse, reproduce, duplicate, resell, manipulate, or unlawfully use any Tourist Privilege or engage in fraud, abuse, circumvention, or any breach of these Terms.
• utu may suspend, reject, void, cancel, or refuse replacement of any Tourist Privilege that is lost, stolen, expired, counterfeit, altered, damaged, tampered with, unlawfully obtained, invalid, or where utu has reasonable grounds to suspect misuse, fraud, unlawful activity, or breach of these Terms, without liability and subject to applicable law.
• Each Tourist Privilege is used at the sole risk of the Tourist, and the Stores may decline to accept any Tourist Privilege that is expired, void, suspected of misuse, altered, fraudulent, unlawfully obtained, or otherwise invalid under these Terms.

5. VOIDANCE OF TOURIST PRIVILEGE

 i. A Tourist Privilege is void upon:

• fraud, tampering, alteration, duplication, or unauthorised use;
• expiry of the Tourist Privilege;
• use for unauthorised goods or breach of these Terms; or
• cancellation by utu for operational, legal, or regulatory reasons where such cancellation is reasonable and proportionate.

ii. A Tourist Privilege is void from the outset where:

• it was issued due to a technical malfunction or pricing error, in such case utu will use reasonable endeavours to notify the Tourist and issue a corrected Tourist Privilege or refund
• the underlying transaction was reversed, cancelled, or disputed**, including where the Tourist failed to comply with customs validation or export requirements under applicable Swiss law; or
• the underlying transaction was reversed, cancelled, or disputed.

iii. A voided Tourist Privilege is not eligible for redemption, refund, or compensation, except where required by applicable mandatory law.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

•  utu does not warrant uninterrupted or error-free operation of the utu WebApp, nor that all Stores will accept the Tourist Privilege at all times.
• utu disclaims responsibility for inaccuracies arising from VAT Refund Operator data, third-party systems, currency conversions, or Stores systems. utu does not review, verify, or recalculate Tourist eligibility for VAT refunds or any refund amount.
• To the fullest extent permitted by applicable law, utu and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive loss, including loss of profits, revenue, goodwill, opportunity, or data, arising out of or in connection with these Terms or any Tourist Privilege.
• utu's total aggregate liability to the Tourist shall not exceed the VAT Refund Value surrendered by the Tourist for the relevant Tourist Privilege**, except that nothing in these Terms limits or excludes utu's liability for (a) unlawful intent or gross negligence within the meaning of Article 100 of the Swiss Code of Obligations; (b) death, personal injury, or damage to health caused by utu; or (c) any other liability that cannot be limited or excluded under applicable mandatory law
• utu reserves the right to withhold, cancel, or adjust any Tourist Privilege where the underlying tax-free transaction is invalid, cancelled, or utu has reasonable grounds to suspect inaccurate or fraudulent.
• The Tourist is solely responsible for losses caused by their own fraud, misuse, or unlawful conduct.

• utu does not verify, administer, or guarantee any VAT refund entitlement and shall not be liable for:

  a. the validity, completeness, authenticity, or eligibility of any Tax-Free Form;
  b. whether the Tourist qualifies for any VAT refund, tax reclaim, or export validation process;
  c. any inaccuracy in any Tax-Free Form or Refund Value; or
  d. any act, omission, refusal, delay, determination, rejection, or decision of any VAT Refund Operator, Stores, Swiss customs authority, Swiss tax authority, or any other customs, tax, regulatory, governmental, or administrative authority.

7. INDEMNITY

i. The Tourist agrees to indemnify utu and its affiliates, officers, directors, employees, and agents only for losses, liabilities, damages, or costs directly arising from:

• the Tourist’s fraud or intentional misconduct;
• unlawful use of a Tourist Privilege;
• intentional or material breach of these Terms by the Tourist; or
• uploading or capturing false, inaccurate, misleading, or invalid Tax-Free Forms or refund information.

8. DATA PROTECTION

• The data controller for the purpose of the Tourist Privilege is utu REWARDS PTE. LTD., 60 PAYA LEBAR ROAD, #05-01, PAYA LEBAR SQUARE, SINGAPORE 409051, contactable at dataprivacy@utu.global. Processing is carried out in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the Singapore Personal Data Protection Act 2012.
• utu processes the following categories of personal data: (a) email address; (b) information from the Tax-Free Form, including the VAT Refund Value and operator reference; (c) identity verification data where required for sanctions screening or KYC; (d) technical data automatically collected (IP address, device identifier, browser type, access timestamps); and (e) records of communications with utu support.
• utu processes personal data for the following purposes: (a) issuing and managing the Tourist Privilege and performing the contract under these Terms; (b) compliance with KYC, AML, and sanctions obligations under Singapore and Swiss law; (c) fraud prevention, abuse detection, and security; (d) responding to support requests and dispute resolution; and (e) statistical analysis and improvement of the utu WebApp.
• Personal data may be disclosed to: (a) Stores; (b) VAT Refund Operator; (c) payment processors; (d) IT, cloud hosting, and analytics service providers acting as processors of utu; (e) professional advisers; and (f) competent authorities where legally required.
• Personal data is transferred to utu REWARDS PTE. LTD. in Singapore and may be accessed from other jurisdictions where utu's service providers operate.
• Tourist Privilege transaction data for ten (10) from issuance; (b) KYC and AML records for ten (10) years post-transaction; (c) email and support correspondence for three (3) years from last contact; and (d) technical and log data for twelve (12) months.
• The Tourist has the right, including right to information, access, rectification, deletion, restriction, objection, data portability where applicable, and to withdraw any consent at any time without affecting the lawfulness of prior processing. Requests should be addressed to dataprivacy@utu.global and will be responded to within thirty (30) days of receipt.
• Certain third-party providers, including payment processors, VAT Refund Operators, analytics providers, hosting providers, and Stores, may separately process personal data in accordance with their own privacy notices and legal obligations.
• The full Privacy Notice is available here and Cookie Policy here.

9. MISCELLANEOUS

• These Terms may be translated into other languages. In the event of any inconsistency, the English version shall prevail.
• Failure or delay by utu to enforce any provision shall not constitute a waiver of that provision or any other provision.
• utu shall make decisions relating to the Tourist Privilege in good faith and in accordance with these Terms. The Tourist may dispute any such decision by contacting help@utu.global, and nothing in these Terms limits the Tourist's right to seek redress before a competent court.
• utu complies with applicable KYC, AML, and sanctions regulations. utu may refuse to issue or cancel any Tourist Privilege where required by such obligations, without liability.
• These Terms are governed by the laws of Singapore, without regard to conflict of law principles. Nothing in these Terms limits any mandatory consumer rights you may have under the laws of Switzerland or the Tourist’s country of habitual residence. Subject to such mandatory rights, the courts of Singapore shall have exclusive jurisdiction over any dispute arising under these Terms, save that the Tourist, where qualifying as a consumer under Swiss law, may also bring proceedings before the competent Swiss court at the Tourist's domicile or at the place of performance.
• utu may update these Terms from time to time. Any changes will apply only to Tourist Privilege purchased after the revised Terms are published. Tourist Privilege already purchased will continue to be governed by the Terms in effect at the time of purchase.
• If you have any questions, concerns, or issues related to these Terms or use of your Tourist Privilege, please  get  in  touch  with  our  customer  support  team  at  help@utu.global.