Terms of Service
Last Updated: January 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and cacao.tax Sales Tax Refunds ("we", "our", "us", or "Company"). By using our services, accessing our website, or scheduling an appointment, you agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree with any part of these Terms, you may not use our services. We reserve the right to update these Terms at any time. Your continued use of our services constitutes acceptance of any updated Terms.
2. Service Description
cacao.tax Sales Tax Refunds provides sales tax refund services for eligible international visitors who have made purchases in Texas. Our services include:
- Appointment scheduling and customer consultation
- Verification of eligible purchases and documentation
- Processing of refund claims through Texas tax authorities
- Preparation of export manifests and customs documentation
- Refund payment disbursement via cash, check, or PayPal
The Company acts as an intermediary between customers and tax authorities. We make no guarantee regarding the approval or amount of any tax refund, as this is determined by applicable state and federal regulations.
3. Eligibility Requirements
To be eligible for our sales tax refund services, you must meet ALL of the following criteria:
3.1 Customer Status
- Be a non-resident of the United States
- Be a foreign national with a valid passport
- Be visiting Texas as a temporary visitor (tourist, business traveler, etc.)
- Not have established residency in Texas or any U.S. state
3.2 Purchase Requirements
- Purchases must have been made at participating Texas retailers
- Original itemized sales receipts are required
- Purchases must be made within 30 days of your departure from the USA
- Merchandise must be purchased for export out of the United States
- Merchandise must be new, unused, and in original condition
3.3 Eligible and Non-Eligible Items
Eligible items: Clothing, accessories, jewelry, electronics, cosmetics, and other tangible goods (if applicable and meeting minimum thresholds)
Non-eligible items: Food, beverages, tobacco products, services, gasoline, vehicles, and items consumed or used before departure
3.4 Minimum Thresholds
Some retailers may impose minimum purchase amounts per transaction or per store location. Customers are responsible for verifying these requirements with individual retailers.
4. Refund Process
4.1 Initial Consultation and Verification
Upon scheduling an appointment, a Company representative will:
- Verify your eligibility and review your documentation
- Physically inspect all merchandise and original sales receipts
- Verify that items are unused and in original condition
- Calculate estimated refund amounts based on applicable tax rates
- Explain processing fees and refund options
4.2 Documentation Requirements
You must provide:
- Valid passport or travel documentation
- All original, itemized sales receipts
- The purchased merchandise in original, unused condition
- Proof of upcoming departure from the USA (ticket, booking, etc.)
4.3 Refund Timelines
- Instant Cash Refunds: Immediate disbursement during appointment (typically 50% of calculated tax refund after fees)
- Check/PayPal Refunds: 3-6 months processing time via mail or digital transfer (typically 65% of calculated tax refund after fees)
5. Fees and Compensation
5.1 Processing Fees
The Company charges a processing fee that is deducted from your refund:
- Instant Cash Option: Approximately 50% of gross tax refund (varies based on refund amount and circumstances)
- Check/PayPal Option: Approximately 35% of gross tax refund plus $4 per store location
5.2 Additional Fees
The Company may charge additional fees for:
- Export manifest preparation
- Customs documentation assistance
- Custom broker services (if applicable)
- Courier or expedited processing services (optional)
5.3 No Refund of Processing Fees
If your refund claim is denied or rejected by tax authorities, no processing fee is charged. However, any fees for optional services rendered will not be refunded.
6. Merchandise Inspection and Condition
6.1 Inspection Process
All merchandise will be physically inspected to verify it is:
- Unused and in original condition
- Accompanied by proof of purchase (receipt, tag, etc.)
- Not damaged, worn, or showing signs of use
- Properly packaged for export
6.2 Rejection of Merchandise
The Company reserves the right to reject any merchandise that does not meet eligibility criteria. Items may be rejected due to:
- Evidence of use or wear
- Missing original packaging or tags
- Damage or defects
- Missing receipts or proof of purchase
- Classification as non-eligible items (food, services, etc.)
6.3 Merchandise Security
The Company is not responsible for loss, damage, or theft of merchandise after the initial inspection and before departure. You are responsible for the security and condition of your merchandise at all times.
7. No Guarantee of Refund Approval
The Company makes no guarantee that your refund claim will be approved or that you will receive the estimated refund amount. Refund eligibility and amounts are determined by:
- Texas sales tax laws and regulations
- Federal customs and export regulations
- Individual retailer participation and policies
- Tax authority review and approval
Estimated refund amounts are provided for informational purposes only and do not constitute a guarantee or offer of a specific refund amount.
8. Limitation of Liability
8.1 Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES SERVICES "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2 Limitation of Damages
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Lost profits, revenue, or data
- Business interruption or loss of business opportunity
- Damages exceeding the amount of fees paid to the Company
8.3 Company Not Responsible For
The Company is not responsible for:
- Loss, damage, or theft of merchandise or personal property
- Denial or reduction of refunds by tax authorities
- Changes in tax laws or regulations
- Retailer disputes or merchandise quality issues
- Delays or issues with payment processing
- Issues arising from failure to meet eligibility requirements
9. Intellectual Property
All content on our website and in our materials, including but not limited to text, graphics, logos, images, and software, is the property of cacao.tax Sales Tax Refundsor its content suppliers and is protected by U.S. and international copyright laws.
You may not reproduce, distribute, or transmit any content without prior written permission from the Company.
10. Customer Conduct and Prohibited Activities
By using our services, you agree not to:
- Provide false or misleading information
- Use services fraudulently or for illegal purposes
- Misrepresent your eligibility or citizenship status
- Submit false receipts or documentation
- Attempt to claim refunds on ineligible items
- Damage, deface, or interfere with Company property or operations
- Harass, threaten, or abuse Company employees
- Violate any applicable laws or regulations
11. Termination of Services
The Company reserves the right to refuse service or terminate your appointment at any time in its sole discretion, including if:
- You fail to meet eligibility requirements
- You provide false or fraudulent information
- Merchandise does not meet condition requirements
- You violate any terms of this agreement
- You engage in abusive or threatening behavior
12. Privacy and Data Protection
Our collection and use of your personal information is governed by our Privacy Policy. By using our services, you consent to the data practices described in our Privacy Policy. Please review our Privacy Policy for more information.
13. Third-Party Content and Links
Our website may contain links to third-party websites and content. The Company is not responsible for the accuracy, completeness, or availability of third-party content. Your access and use of third-party websites are subject to their terms and conditions.
14. Dispute Resolution and Governing Law
14.1 Governing Law
These Terms of Service and all matters relating to our services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
14.2 Jurisdiction and Venue
You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Travis County (Austin), Texas, and you irrevocably consent to the jurisdiction of such courts.
14.3 Dispute Resolution
Before pursuing any legal action, you agree to attempt to resolve any dispute by contacting the Company in writing. If the parties cannot reach a resolution within 30 days, either party may pursue legal remedies.
15. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other policies posted on our website, constitute the entire agreement between you and the Company regarding your use of our services. These Terms supersede all prior and contemporaneous agreements, communications, and proposals, whether written or oral.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. All other provisions shall remain in full force and effect.
17. Amendment and Modification
The Company reserves the right to modify these Terms at any time. Material changes will be posted on our website with a revised "Last Updated" date. Your continued use of our services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.
18. Contact Information
If you have any questions about these Terms of Service or our services, please contact us:
cacao.tax Sales Tax Refunds
Dobie Center, 2021 Guadalupe St, Suite 260, 2nd Floor, Austin, TX 78705, United States
Email: contact@cacao.tax
Phone: +1 (737) 230-7621
19. Acknowledgment
BY USING OUR SERVICES, SCHEDULING AN APPOINTMENT, OR ACCEPTING A REFUND, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE OUR SERVICES.