Scan, Bag, Go Terms and Conditions
Effective date: 11/1/2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
This Kroger Scan, Bag, Go® service (“Service”) is part of The Kroger Co. family of companies (“Kroger”), and offers in - store grocery and merchandise purchasing services for our customers.
These Terms and Conditions of Sale (“Terms”) govern your use of the Service, whether you access the Service through a Kroger supplied hand-held scanner or via a mobile application on your mobile device. Please note that certain features may be different between the mobile application and scanner. Please see www.kroger.com for additional terms and conditions related to Kroger mobile applications.
1. USING THE SERVICE. In order to use the Service you are required to use the scanner or your mobile device to scan your Kroger loyalty card (such as Plus, Rewards, SooperCard, and Advantage cards, hereafter “Loyalty Card”) or enter your alternative ID (such as your phone number). You will be given the option of entering payment card information for payment of the items you scan using the Service. You may also receive promotional communications from us and to allow us to use your purchase history.
2. ELIGIBILITY. You must be 18 or older to use the Service. However, there may be certain items, like tobacco products and alcoholic beverages, for which you must be 21 or older to purchase, depending on local law. For these items, you will not be permitted to purchase using the Service.
3. PAYMENT. If you choose to pay for your order using the Service, you will be prompted to enter payment card information on the scanner or your mobile device. Your payment card will be charged the amount of your order. We reserve the right to inspect your order for accuracy and confirm that your payment card was charged for each item in your order. If you choose not to pay for your order using the Service, you will need to present your items an associate for checkout or use a self-service checkout station (if available).
4. TAXES, FEES AND OTHER CHARGES. You will be charged sales taxes and governmental fees based on your location. These include, but are not limited to sales taxes, bottle deposits, bag fees (if any), and any other governmental charges (collectively, “Government Fees”).
5. MINIMUM PURCHASE. No minimum purchase is required to use the Service.
6. PRODUCT QUANTITY LIMITS. We reserve the right to limit the quantity of a product you select.
7. PRODUCTS SOLD BY WEIGHT. If your order includes a product that is sold by weight, you will need to weigh your product using a scale located in the store and print a product label using the printer provided with the scale. Apply the product label directly to the packaging for the product. The product label will include a bar code for scanning with the scanner or your mobile device to add the product to your order.
8. EARNING FUEL REWARD POINTS. You will automatically receive fuel reward points upon payment for your order in accordance with your Loyalty Card’s fuel rewards program.
9. PROMOTIONAL OFFERS AND COUPONS. The Service will not accept paper coupons. Digital coupons loaded onto your loyalty card will be applied to your order automatically.
10. PARTICIPATION IN COMMUNITY PROGRAMS. If you have linked your Loyalty Card registered to your account via Community Rewards, your Scan, Bag, Go purchase will count towards the charity you have selected. Please read out FAQs for Community Contributions available here.
11. PAYMENT. Credit and Debit cards accepted for payment. At the time you complete your order, you will have the option to pay for your order using the Service or presenting your order to an associate for checkout or use a self-service checkout station (if available). If you elect to use the Service, we will require you to provide a valid, accurate and complete credit or debit card number, expiration date and security code along with the name on the card and the billing address and telephone number associated with the card. We accept Visa, MasterCard, Discover and American Express credit cards and debit cards that bear a Visa or MasterCard logo. You will be provided a receipt that details all items in your order, sales taxes, government fees (such as bottle deposits or bag fees, if applicable) weight of items sold by weight, credits for coupons or other discounts and the total charged to your payment card.
12. BAG FEES. In some locations local law requires that we charge a fee for any bags that we provide (for example, ten cents per bag in California), subject to governmentally-mandated exceptions.
13. SALES TAXES. Sales taxes are calculated based on the actual order received at pickup or delivery, and may vary by location depending upon local law.
14. TAX EXEMPT ORDERS. If you are purchasing for a tax exempt organization, please contact the manager at your local store to provide documentation required for tax exempt services.
15. GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.
15.1 RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Kroger arising out of or relating in any way to the Terms, the Service, your purchase of the products, or use of the products must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.
15.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN PARAGRAPH 15.1 ABOVE, AND TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY.
15.3 LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio’s Unfair and Deceptive Trade Practices Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.
15.4 ARBITRATION PROCEDURES. Before commencing any arbitration proceedings under the Terms, you must first present your claims or disputes to Kroger by calling 1-800-KRO-GERS (1-800-576-4377) and asking for the customer service department and allowing Kroger the opportunity to resolve the claims or disputes. If your claims or disputes are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms. The arbitration of any claim or dispute hereunder shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures, which are available by calling the AAA, at 1-800-778-7879, or by visiting its web site at www.adr.org. The arbitration of any claims or disputes hereunder shall be conducted in the State of Ohio. All administrative expenses of arbitration proceedings commenced hereunder shall be paid by Kroger.
15.5 ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.
15.6 CHOICE OF LAW. Your purchase of the products and the Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of Ohio. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.
15.7 OPT-OUT. You may opt-out of paragraphs 15.1, 15.2, 15.3, and 15.4 herein by sending a notice (“Rejection Notice”) to Kroger no later than sixty (60) days after your order using the Service. You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to Kroger at Attn. Customer Service, 1014 Vine Street, Cincinnati, OH 45202. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming Kroger received the Rejection Notice within sixty (60) days. You may opt out of these Terms in their entirety by returning the products purchased via the Service UNUSED to Kroger at the address listed in this paragraph within fourteen (14) days and requesting a full refund.
16. APPLICABLE LAW; NOT FOR RESALE. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for you own personal use only, and not for resale.
17. NOTICE TO CALIFORNIA CUSTOMERS. If you have a complaint or question regarding the Service or these Terms, please contact us by phone toll-free at 1-800-KROGERS (1-800-576-4377), Monday through Friday, 8:00am to Midnight EST, and Saturday and Sunday, 8:00am to 9:30pm EST except federal holidays. For your reference, the Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
18. ENTIRE AGREEMENT. The terms set forth herein along with the Terms and Conditions of Use of the Service, the terms of any order you may submit through the Service, and any other terms to which a link is provided in these Terms, shall be the sole terms of the agreement between you and us regarding your use of the Service.
19. HEADINGS. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Copyright © 2019. The Kroger Co. All rights reserved.