(the “Shipt Terms”).
Use of the Services.The Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
License to Use the Services.Lidl grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Services strictly for your own personal non-commercial use, subject to your compliance with these Terms. Lidl may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
Account Registration.In order to access, use or receive certain Services, you may need to register and create an account (each, an “Account”) and become a registered user by either registering through our Site or Application (“Customer”). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
Passwords.You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
In order to provide you with certain Services, you have the option of logging in to your Account using your username/login and password to your Shipt account. If you decide to log in using your Shipt account, you grant us permission to access this account solely to the extent necessary to provide these Services. If you sign into the Services using your Shipt account, the use of your Shipt account shall be subject to and governed by the Shipt Terms.
which governs our collection and use of your personal information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.
Customers participating in the Lidl Rewards program may be able to earn reward(s) for certain qualifying purchases or activities by using the Services. For more information on the Lidl Rewards program please follow this link: https://www.lidl.com/play-mylidl
Information Available on the Services.Advertised items on the Sites may not be available in all our stores. We strive to provide accurate pricing and other information, but errors or variances may occur. A price shown online may not match a price in a store as prices and labels may vary by location.
We are not responsible if information made available on the Services is not accurate, complete, or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. You rely on the material provided on the Services at your sole risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor the Services for any updates or changes.
Typographical Errors.In the event a product is listed on the Services at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we have the right to refuse or cancel any orders placed for such products in our sole discretion, whether or not your order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your bank or credit card account in the amount of the cancelled charge.
Health and Wellness Content.ANY HEALTH, COSMETIC, AND WELLNESS CONTENT PRESENTED ON THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. SUCH CONTENT IS NOT INTENDED TO REPLACE OR SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, NOR IS IT INTENDED AS A GUARANTEE OF IMPROVEMENT OF SPECIFIC CONDITIONS OR WEIGHT LOSS. YOU SHOULD REGULARLY CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROVIDER IN ALL MATTERS RELATING TO PHYSICAL OR MENTAL HEALTH, PARTICULARLY CONCERNING ANY SYMPTOMS THAT MAY REQUIRE A DIAGNOSIS OR MEDICAL ATTENTION. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
Alleged Copyright Infringement.If you believe in good faith that any part of the Services or its content constitute infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows: DMCA Designated Agent, Legal@lidl.us. Your notice must comply with the DMCA. Upon receipt of a complaint notice, we will respond and proceed in accordance with the DMCA.
Our Affiliates.The term “Affiliates” shall mean all of our current or future companies or entities that now or that are in the future: (a) controlled by; (b) under common control with, wherein “control” means possession directly or indirectly of the power to direct or cause the direction of management or policies of an entity through the ownership of at least fifty percent (50%) of the voting securities, by contract, or otherwise.
Disclaimer of Warranties.YOUR USE OF THE SERVICES AND ANY PART THEREOF IS AT YOUR SOLE RISK. THE SERVICES AND ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME WITHOUT NOTICE. WE, ON BEHALF OF OUR SELF, OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE PRACTICE; THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, RELIABLE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SERVICES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS), YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US (INCLUDING OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) OR THROUGH OR FROM THE SERVICES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) SHALL CREATE ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE (INCLUDING OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS) PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR ANY PART THEREOF (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY MATERIALS AND LINKS) WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK, WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SERVICES, LINKS, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR ALL LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all claims. We reserve the right to assume the exclusive defense and control of any claims. You will not settle any claims without, in each instance, the prior written consent of an officer of ours.
If you or us initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to:
Lidl US, LLC
Attn: Legal Department
3500 S. Clark St.
Arlington, VA 22202
Class Action Waiver – PLEASE READ.
THE FOLLOWING CLASS ACTION WAIVER AGREEMENT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS.
You agree that by entering into this Mutual Arbitration Provision, both parties waive their right to have any dispute or claim brought, heard or arbitrated as a class action or collective action, and an arbitrator shall not have any authority to hear or arbitrate any class or collective action (“Class Action Waiver”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the JAMS Rules, as defined below, any claim in court or arbitration that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. We may lawfully seek enforcement of this Mutual Arbitration Provision and the Class Action Waiver and seek dismissal of such class or collective actions or claims. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Private Attorney General Action Waiver – PLEASE READ.This Mutual Arbitration Provision affects your ability to bring or participate in private attorney general representative actions under California law. Both you and We agree to bring any dispute in arbitration on an individual basis only, and not on a private attorney general representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general representative action, or as a member in any such private attorney general proceeding (“Private Attorney General Waiver”). Notwithstanding any other clause contained in this Mutual Arbitration Provision or the JAMS Rules, as defined below, any claim in court or arbitration that all or part of this Private Attorney General Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator. In any case in which (1) the dispute is filed as a private attorney general action and (2) there is a final judicial determination that all or part of the Private Attorney General Waiver is unenforceable, the private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Private Attorney General Waiver that is enforceable shall be enforced in arbitration. We may lawfully seek enforcement of this Mutual Arbitration Provision and the Private Attorney General Waiver and seek dismissal of such private attorney general representative actions or claims. The Private Attorney General Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Applicable Rules of Arbitration. Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”) and including as follows:
The arbitration shall be heard by one Arbitrator selected in accordance with the JAMS Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute or a retired judge or
If the Parties cannot otherwise agree to a location for the arbitration, the arbitration shall take place within the state you have identified as your primary state of residency in your Account information.
Each Party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, in all cases where required by law, we will pay the Arbitrator’s and arbitration fees. If under applicable law we are not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law, and any disputes in that regard will be resolved by the Arbitrator.
The Arbitrator may issue orders (including subpoenas to third parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving
Except as provided in the Class Action Waiver and Private Attorney General Waiver, the Arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable
The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such
The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of Judgment may be entered on the Arbitrator’s decision or award in any court having jurisdiction.
A Party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
The JAMS Rules may be found at www.jamsadr.com or by searching for “JAMS Comprehensive Arbitration Rules & Procedures” using a service such as www.google.com.
You have the right to consult with counsel of your choice concerning this Mutual Arbitration Provision and to be represented by counsel at any stage during the arbitration process. This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.
If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.
The risk of loss and title for items purchased by you through our services passes to you upon our delivery of the items to you. Replacement of products or credits to your account for shipped merchandise claimed by you as not received are subject to our investigation. After our investigation, we may credit your account in our sole discretion.
Alcohol.You may have the option to order delivery of alcohol products in some locations through the Services. You will not order alcohol products unless you are 21 years of age or older and you will not furnish alcohol products obtained through the Services to any person who is not a lawful consumer. You agree that you will comply with all applicable laws related thereto.
To receive delivery of alcohol ordered through the Services, you will be required to present a valid form of Identification to your shopper to permit age verification and will be required to sign a delivery acknowledgment.
All delivery of alcohol ordered from the Services is subject to Shipt’s terms and conditions: https://www.shipt.com/terms-of-service
Contact Us by writing to Lidl US, LLC – Data Protection Officer (GRC) 3500 S. Clark St. Arlington, VA 22202