(Status: 11.04.2022)
1.1 The provider of the offer made available via the GK GO app for the use of the associated services of autonomous shopping defined below is GK Software SE, Waldstraße 7, 08261 Schöneck/Vogtland (hereinafter "GK" or also "we" or "us"), represented by the Executive Board Michael Scheibner (CEO) and Michael Jaszczyk (CDXO) (Chemnitz Local Court HRB 31501). The registered office of the company is Schöneck/Vogtland.
1.2 These Terms of Use govern the offer as well as the conclusion of a contract on use of the GK GO app exclusively for the purpose of autonomous shopping in the supermarket at the GK location (hereinafter "Staff Trial Store Schöneck" or "STS Schöneck"). These services are hereinafter also collectively referred to as "GK GO".
1.3 GK clarifies that users of the GK GO app have no claim against GK for the use of the GK GO service.
2.1 The shopping offered within the scope of GK GO at STS Schöneck or the goods offered for purchase there are offered solely for the purposes of research and development of the frictionless shopping experience within the scope of a staff trial. In this sense, GK GO, the GK GO app and the associated services are in a prototype or test phase.
We therefore ask for your understanding that when using GK GO, the GK GO app or when shopping in the STS Schöneck, errors may still occur in the virtual shopping cart compilation in the GK GO app, which in turn may result in incorrect billing. In these cases, the Support Team reachable from the telephone hotline at +49 37464 84 5394 and under the E-Mail-Address This email address is being protected from spambots. You need JavaScript enabled to view it. are available as contact persons.
2.2 GK GO is aimed exclusively at natural persons with unlimited legal capacity who are also employees of GK.
2.3 To use GK GO, it is possible to use the GK GO app as a "guest user" without registering an account.
2.4 Payment for goods purchased when using GK GO is made via the payment card chosen by the user. The services of Adyen N.V. German Branch, Friedrichstraße 63, 10117 Berlin are used as payment service provider.
3.1 The GK GO app for use at STS Schöneck will be made available to GK staff authorized to use STS Schöneck via Testflight during the Staff Trial.
3.2 During the trail only the option to shop ‘as a guest’ will be enabled
In order to be able to make purchases with GK GO or using the GK GO app at STS Schöneck, a valid means of payment must be used. Currently, a valid credit card is required as a means of payment for the use of GK GO or the GK GO app within the framework of the Staff Trial.
3.3 The GK-GO app allows you to shop at STS Schöneck and offers you a number of additional features, including.
4.1 GK grants you a non-exclusive right, revocable at any time, to use GK GO and the GK GO App.
4.2 You are not permitted to transfer the granted rights of use to third parties and/or allow third parties to access your GK GO app.
4.3 The use of the GK GO app is free of charge.
5.1 General operation of GK GO
The GK GO service allows you to shop cashierless in our Staff Trial Store Schöneck.
After check-in, you can select the items you wish to purchase from the shelves and/or refrigerated counters at STS Schöneck and remove them from the shelves/counters. Items removed or returned are recorded by the technology used in the store and added to or removed from your shopping cart in real time in the GK GO app.
Before leaving the STS Schöneck, you can conclude the purchase contract for the items you have taken from the shelves or the shopping area of the supermarket.
5.2 Check-In
Access to the shopping area of the Staff Trial Store Schöneck is gained by checking in with the individual QR code generated in the GK GO app. The QR code scanner is located in the entrance area to the STS Schöneck.
Hold the QR code from the GK GO app in front of the reader located at the entrance. The barrier of the entrance opens and you can enter the shopping area. The barrier will then close again. Please remember that the GK GO app generates individual QR codes that are only intended for use or access to the STS Schöneck by a single user at a time. Access to the shopping area of STS Schöneck without proper use of the QR code is not permitted.
5.3 The cashierless shopping
After entering the STS Schöneck as a checked-in user, GK offers you all items on the shelves of the STS Schöneck for purchase.
After successful check-in, all items that you take from the shelf are assigned to your virtual shopping cart in the GK GO app. All items that are returned to the shelf before you pay and leave the store will be removed from your virtual shopping cart in the GK GO app.
5.4 Conclusion of purchase contract, check-out & invoicing
By pressing the Pay button in the shopping area of the supermarket, you accept GK's offer to purchase the items you have taken from the supermarket shelves and not put back without a checkout. A separate payment process at a (physical) checkout is neither required nor provided for.
After completing the payment process in the GK GO app, it is possible to leave the shopping area using the QR code provided (check-out).
After leaving the STS Schöneck, you will receive a push message about the settlement of the purchased items and the receipt generation. The payment method used in the GK GO app will be debited in the amount of the receipt. You will find all receipts, for journeys done with the current mobile device, in the GK GO app under "My purchases" after completion.
5.5 Claims for defects
The statutory warranty claims apply. You can assert these as follows:
+49 37464 84 5394
If a statement created as part of the purchasing process is incorrect, we ask that you report it using one of the following methods:
6.1 If you do not want to use GK GO in the future, you can remove the app from your mobile phone. Removing the GK GO app from your cell phone also removes the link between the device and the guest account you are using (based on your device ID).
Based on the Privacy Policy- We will delete your Device ID, upon request, or as required regularly. once deleted there will no longer be a link between your app, mobile phone and you receipts- this is irreversible.
6.2 GK is entitled at any time to discontinue the GK GO service offered at the Staff Trial Store Schöneck in part or in its entirety.
6.3 In addition, GK is entitled to temporarily or permanently exclude you from using the GK GO service for justified reasons. This is especially the case if
6.4 You and GK expressly reserve the right to terminate GK GO or the related services for cause.
We inform you about the handling of personal data provided to us and processed by us in the context of the use of GK GO, GK GO App, or the associated services in our privacy policy.
8.1 GK shall not be liable for ordinary negligence on the part of its legal representatives, executive employees and vicarious agents, unless an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). Cardinal obligations are obligations the fulfillment of which is essential for the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the other party to the contract regularly relies on. In the event of a negligent breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical for the contract.
8.2 GK shall be liable without limitation for damages resulting from injury to life, body or health caused by a breach of duty by a legal representative or vicarious agent of GK.
8.3 For all other liability claims, GK shall only be liable without limitation in the event of intent and gross negligence on the part of its legal representatives, executive employees and vicarious agents.
8.4 Liability under the Product Liability Act remains unaffected.
9.1 All disputes arising in connection with or from the use of GK GO shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 If the customer is a businessman/woman, a legal entity under public law or a special fund under public law, our place of business is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract. The same shall apply to persons who do not have a general place of jurisdiction in Germany or persons who have relocated their place of residence or habitual abode outside Germany after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought.
10.1 GK reserves the right to change and/or adapt these Terms of Use at any time. A necessary adjustment is given in particular if GK adjusts/expands the scope of services of GK GO or the GK GO app, regulatory gaps are closed and/or adjustments are required due to changes in case law or legislation.
10.2 Future changes to the Terms of Use will be displayed to you in text form in the GK GO app at least one week before they come into effect and must be accepted by you in order to (continue to) use the app.
We hereby inform you that GK does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
