Last updated: March 2021

 

1. Scope of application

 

1.1 Please read these Terms of Use carefully. These Terms of Use govern the use of the "Lidl Go" mobile app (hereinafter the "App") by consumers (hereinafter "Users" or "You"). The App is operated by Lidl Stiftung & Co. KG, Stiftsbergstraße 1, 74167 Neckarsulm, Germany, Registry Court, Stuttgart, HRA 102314 (hereinafter "Lidl Stiftung" or "We"). The App allows Users to "self-scan" items while shopping in selected Lidl stores (as detailed in clause 14 below) and then to pay for them at the checkout using the barcode generated by the App.

1.2 The App is provided based on the following Terms of Use only and you must accept these Terms of Use if You wish to use the App. You can view, save and print the current version of the Terms of Use at any time at https://uk-preview-prod.retail.lidl.net/en/shop-go. We do not save previous versions of the Terms of Use. If You want to retain a set of the Terms of Use please save the terms at the time of acceptance but note that the version of the Terms of Use set out at https://uk-preview-prod.retail.lidl.net/en/shop-go from time to time takes precedence. If You do not agree with these Terms of Use then You may not use the App.

1.3 You must have a smart phone with internet access to use the App. You must only use the App for personal, non-commercial use. 

            

2. Subject matter

 

2.1 This Agreement governs the free provision and use of the App, as updated from time to time, which can be used to scan items for the purpose of purchasing them in a Lidl store.

2.2 The App can be downloaded to any mobile device from an app store. When You download and use the App, additional terms and conditions of the app store operator may apply, for which Lidl Stiftung is not responsible.

2.3 Please see the description of the App in the app store for the App's technical requirements (e.g., supported operating systems and mobile devices). 

2.4 The mobile device needs a data connection in order for You to use certain functions of the App. In order to avoid unnecessary connection charges, it is recommended that Users only use the App if they pay a flat rate for data or are connected to a Wi-Fi network (subject to availability). Wi-Fi is not available in all stores nor is it guaranteed. 

2.5 You must bear the connection costs and charges incurred for any mobile data use. The amount depends on the existing contract between You and your mobile phone provider. The costs of setting up and maintaining an Internet connection and/or mobile data services are not part of the App or service We provide. Only your mobile phone service/Internet provider is responsible for this. The use of the App also requires sufficient battery power and screen brightness to scan the barcodes during the check-out process. 

2.6 From time to time, We may issue updates to the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Updates will be made available through the App Store. Depending on the update, You may not be able to use the App until you have downloaded the latest version of the App and accepted any new Terms of Use. You may not use the App on manipulated or hacked devices (e.g. any jailbroken or rooted device). 

 

3. Registration and formation of contract

 

3.1 The use of the App requires that you create an account (“registration”). Registration can be done through the App once it has been downloaded.

- If You already have a Lidl Plus account, You do not need to set up a new account in the App, but can use the same login details for the Lidl Plus App to log into this App  (single sign-on); or

- if you have not already signed up to Lidl Plus and want to benefit from using the features of the Lidl Plus App, then you should (i) download the Lidl Plus App first and sign up to create an account; and (ii) secondly, download the App and use your Lidl Plus details to log in; or

- if you do not have a Lidl Plus App and do not wish to sign up to Lidl Plus, then you should download the App and sign up to create an account. Please note that if you register a Lidl Go account and separately a Lidl Plus account these accounts cannot be merged together at a later date. 

3.2 To be eligible to register, Users must be at least 18 years of age and have full legal capacity.

3.3 You are required to enter the information requested by the App truthfully and completely. 

3.4 After completing the registration process in the App, You make a binding offer to use the App by clicking on the ‘Create Account’ button in the App ("Offer") after ticking to confirm you accept the Terms of Use. You do not incur any costs by making this Offer. Prior to clicking on the ‘Create Account’ button, You can cancel your registration or change your details at any time by deleting, supplementing or correcting the details provided in the various fields or closing the App. After the registration process is complete, You can change Your details at any time in your personal account.

3.5 After receiving your Offer to enter into the agreement, We will send a confirmation of our receipt of the Offer ("Order Confirmation") to the e-mail address You provided during the registration process. This Order Confirmation also constitutes our acceptance of your Offer to enter into a license agreement ("Formation of Contract") and will contain an email verification link. You can use the App as soon as You have received the Order Confirmation.

3.6 We may refuse to allow You to set up an account in the individual case without providing a reason.

3.7 The e-mail address and mobile number You provide may not be assigned to any other account. You must not provide an e-mail address, mobile number or other contact information that does not belong to You. You must store your login details securely. You must not give other persons access to your account.

 

4. Login details and passwords

 

4.1 When You set up an account, You will be asked to input your email address and create a password (“access data”).

4.2 You must keep Your access data secret and notify Lidl Stiftung in writing without undue delay or by e-mail if unauthorized third parties gain access to Your access data and in particular Your password. You are responsible for all action taken by third parties with Your access data to the extent that these actions of third parties are attributable to You.

4.3 Lidl Stiftung shall not be liable to You for any losses that You incur as a result of the use of Your account by a third party, whether or not You were aware of such use.

4.4 You must keep Your e-mail address provided during registration up to date.

 

5. Self-scanning with the App

 

5.1 To use the App at a Lidl store, Users must:

- enable geolocation on their mobile device; or

- enter their location or postcode and manually select a Lidl store from the drop-down store list; 

5.2 You can use the search function in the App to find out whether a Lidl store in your area already offers self-scanning with the App. 

5.3 As soon as the User has selected a Lidl store, the store details and the relevant products and prices are loaded. The system is unable to guarantee that the prices shown in the App match the prices displayed in the Lidl store. In the event of discrepancies, the prices displayed in the Lidl store apply. In addition, vouchers and coupons can only be redeemed at the checkout or self-service checkout.

5.4 Users can open the scan function by pressing the central shopping cart button in the middle of the App. 

5.5 Items (including any bags) can be added to the “shopping cart” with the App by scanning the barcode on the item itself, the barcode on the price ticket or the manually printed barcode in the case of some items. When You use a label printing station, a label with a barcode is printed, which You must scan in the App in order to add the item.

5.6 In the case of fruit and vegetables not sold on a per unit basis, the goods must first be weighed, and then the barcode generated by the label printing station must be scanned. For bakery products, the barcode on the price ticket must be scanned. For beverages, the barcode on individual bottles or on the outside of multipacks can be scanned.

5.7 The number of items can be changed in the App by pressing the "+" or "-" button. You must use the delete function in the App to remove individual items from your virtual shopping cart. If You delete Items in the App, You must return them to their dedicated place in the store.

5.8 If it is not possible to add individual items by scanning or whereby an item has not been scanned properly, Users agree to present the relevant items to a checkout operator so that the items can be added prior to completing the checkout process and paying for the items in the Lidl store (the "point of sale").

5.9 Users are obligated to add all items prior to the point of sale. All items selected by the User in the store, in particular those in their shopping cart, a shopping bag or otherwise within the user’s sphere of influence, are to be paid by the User.

5.10 By clicking the "Go to Checkout" button, the User generates a barcode in the App. Users must show this barcode at the checkout or scan it at any self-service checkout.

5.11 For items with security tags, the tags must be disabled before the purchase is completed. After scanning items with a security tag, Users must leave those tagged items to one side immediately, prior to the point of sale. A checkout operator will disable the tag at the point of sale after carrying out any necessary checks, such as verifying the purchaser's age.

5.12 No contract for the purchase of goods is formed until the User reaches the checkout or a self-service checkout. The other party to the contract is the Lidl distribution company that operates the selected store. Additionally, the conditions of the respective Lidl distribution company and the house rules of the respective Lidl store may apply to the purchase of goods.

Random checks

5.13 In order to ensure that shopping is being carried out properly, store employees are entitled to carry out regular  checks on Users at random intervals and to themselves scan individual or all items intended to be purchased or already purchased including but not limited to those in your shopping basket/trolley at the in-store checkout to verify whether they were scanned correctly.

5.14 A rescan does not imply any wrongdoing on Your part and the number of rescans and customer selection is automated by the App itself.

5.15 In the event there is a difference between the price of your shop on the App and the price of the rescan, the price of the rescan shall apply.

5.16 When purchasing age-restricted items, Users will be required to provide proof of age to the checkout operator. 

 

6. Term and termination

 

6.1 The license agreement is entered into for an indefinite term and may be terminated at any time by the User or Lidl Stiftung without stating a reason. Users can use the account management tools to delete their user account by going to ‘User Setting’ at any time and thus terminate the license agreement,

6.2 We may also suspend or terminate Your rights to use the App at any time by contacting You if You have seriously or persistently breached these Terms of Use.

6.3 Upon termination for any reason, Your right to use the App will end, and You must stop using the App and delete it from your mobile device.

6.4 The parties' right to terminate for cause remains unaffected.

 

7. Liability

 

7.1 If Lidl Stiftung fails to comply with these Terms of Use, Lidl Stiftung are responsible to You for loss or damage that You suffer which are a direct, foreseeable consequence of us breaking these Terms of Use, or any losses or damage You suffer as a result of our failing to use reasonable care and skill. 

7.2 Lidl Stiftung will not be liable to You for any losses suffered or costs incurred because::

- the App does not work or works only to a limited extent;

- there is no Wi-Fi or network connection available or it is limited;

- the scanning device at the checkout is not working properly;

- items are unavailable.

7.3 Lidl Stiftung does not exclude or limit in any way liability to You where it would be unlawful to do so, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

7.4 The above limitations of liability apply mutatis mutandis for the benefit of Lidl Stiftung's employees, subcontractors and agents.

7.5 We are responsible for damage to your property if digital content we have supplied via the App damages a device or digital content belonging to You. We will either repair the damage or pay You compensation. However we will not be liable for damage could have been avoided by following our advice to apply an update to the App, or for damage that was caused by You failing to correctly follow installation/download instructions or Your unlawful use of the App. 

7.6 We are not responsible for events outside our control. If there is any interruption to the operation or availability of the App due to an event outside our control, we will let you know as soon as possible and take steps to minimise the impact. Provided we do this we will not be responsible for any loss which may be incurred by you as a result of any suspension or, interruption to the availability of the App. Access to the App may need to be suspended temporarily from time to time in the case of system failure, maintenance or repair required for these purposes.

7.7 Lidl Stiftung's liability is otherwise excluded.

 

8. Blocking of access 

 

8.1 Users undertake to Lidl Stiftung to use the App solely for purposes that are not in breach of these Terms of Use or applicable law and which do not violate the rights of third parties. 

8.2 Lidl Stiftung reserves the right to block a User's access to the App if the User commits a not insignificant breach of these Terms of Use.

 

9. Amendments to these Terms of Use

 

9.1 Lidl Stiftung reserves the right to amend and/or supplement these Terms of Use in accordance with this section. The current version of the Terms of Use is always available on the More menu – Legal Information section of the App or athttps://uk-preview-prod.retail.lidl.net/en/shop-go.

9.2 Lidl Stiftung can make changes to these Terms of Use for one or more of the following reasons:

- to reflect changes in law or regulations or meet any relevant regulatory requirements;

- to reflect new (or changes to) statements of code of practice or industry guidance designed to enhance consumer protection; 

- to reflect changes in technology and any changes to the functionality of the Lidl Go App, including the removal of out of date functionality; and 

- to change the way the terms and conditions are drafted to make them fairer or clearer to you.

9.3 If Lidl Stiftung change these terms and conditions, we will inform You by placing notices in store giving you advance notice of any changes in addition to directing You to the updated terms and conditions on the Lidl Go app.  If You do not accept the notified changes You will not be permitted to use the App. 

 

10. Your duties

 

You must:

- enter your data correctly when registering and keep your User Data up to date; and

- keep your password private and change it regularly, or if you know or suspect that someone else knows your access data information, or has used or has tried to use them.

 

You must not:

- use the App in any unlawful or malicious manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions;

- act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;

- not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service (to the extent that such use is not licensed by these terms);

- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;

 

11. General provisions

 

11.1 The App is protected by copyright, trademarks, database and other intellectual property rights. You agree that You will not, without Lidl's express written permission, use, copy, modify or reverse engineer any materials or content of the App, or permit any third party to do the same, otherwise than in accordance with these terms and conditions

11.2 A waiver of any right or remedy under these terms and conditions shall not be deemed a waiver of any subsequent breach or default. A failure or delay by you or Lidl to exercise any right or remedy provided under these terms and conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms and conditions or by law shall preclude or restrict the further exercise of that or any other right or remedy

11.3 Lidl Stiftung may transfer all or some of our rights under these Terms of Use to someone else at any time, however such transfer will not affect Your rights under the Contract.

11.4 These Terms of Use are in English and any communications we send You will be in English. 

11.5 These Terms of Use are governed by English Law and any disputes or court proceedings arising from them are subject to the non-exclusive jurisdiction of the English courts.

11.6 The invalidity of individual provisions of these Terms of Use shall not affect the validity of the other provisions. 

 

12. Information on online dispute resolution and participation in mediation proceedings

 

12.1 Lidl Stiftung is not obligated nor is it prepared to participate in any dispute resolution proceedings before any consumer arbitration board.

 

13. List of selected Lidl stores

 

13.1 The App is available for use at the following Lidl Stores:

Lidl Fulwell, 50 South Rd, Twickenham TW2 5NT