The following terms and conditions shall apply in the event that the Community Donee receives access to the Lidl Product Donation Scheme “Product Donation” and follow on from the Membership Agreement the Company and the Community Donee has with Neighbourly respectively.
For the purposes of these Amended Neighbourly Food Terms and Conditions the “Company” is Lidl Great Britain Limited (registered company number 02816429) whose registered offices are at 19 Worple Road, Wimbledon, SW19 4JS.
A “Community Donee” will either be a registered charitable organisation or a community group, that has registered with Neighbourly and has a genuine need for food and is appropriately licensed/holds all licences and approvals (as necessary) as a food service establishment having regard to the service it provides. A Community Donee will be required to upload its level 2 food Hygiene Certificate as part of its registration onto Neighbourly.
The Company is a registered food business that wishes to address food poverty within its communities by donating specifically selected products (the “Products”) to Community Donees which have been donated by customers of the Company by scanning a leaflet in store and those donations will also matched by the Company itself. For the avoidance of doubt there are a range of 5 (“five”) specifically selected Products that will be donated to the Community Donees as selected by the Company as per the Lidl Product Donation scheme in stores. Each Company store will be partnered with a Community Donee and the Products donated by the customers of that Company store and then matched by the Company for that store will form the donation to that Community Donee. The donation period in stores shall commence on 12 November 2020 and continue until 10 December 2020. This Product Donation Scheme does not replace and is separate to the existing ‘Feed it Back’ Food surplus donation process.
Neighbourly will utilise its online platform at the Website with the aim of combating food poverty by matching each participating Company Store with Community Donees which have a genuine need for Products. Neighbourly is the Promoter for the purposes of this donation event.
The Company and the Company’s customers may donate Products on a voluntary and no-cost basis to Community Donees and the Company will upload details of the Products for inclusion on the Website.
The Website will generate a notification with details of the Products as confirmed by the Company to the Community Donee, after which a representative from the Community Donee can arrange to pick up the Products from the partnered Company store subject to these Amended Neighbourly Food Terms and Conditions.
1. Commencement and Term
1.1 The Product Donation arrangement shall come into force on the 12 November 2020.
1.2 The Donation period will end on 10 December 2020 and any donations after this period will not form part of this Product Donation arrangement.
1.3 The Products will be donated to the Community Donee by 3 June 2021
2. Distribution of Products and obligations of Neighbourly
2.1 The Company shall upload to the Website details of the Products which have been donated.
2.2 Neighbourly agrees that only Community Donees that have registered with the Neighbourly Foundation will receive notification about the Products.
2.3 Neighbourly shall be obliged to notify the Community Donee and the Company of any material updates, revisions, amendments or additions to Neighbourly Food.
2.4 Neighbourly undertakes that each of the Community Donees that will be entitled to avail themselves of the Products shall either be a registered charitable organisation or community member that has uploaded its level 2 food Hygiene Certificate as part of its registration onto Neighbourly Food.
3. Donating Products
3.1 The Company will donate the Products that have been donated by the Company’s Customers and matched by the Company under this Product Donation Scheme to the Community Donee. Any such donations from the Company and the Company Customers to the Community Donee are made on a voluntary basis.
3.2 The Community Donee must only collect Products which fall within the definition of “Permitted Donations” as determined by the Company.
3.3 The Community Donee will not collect any Products which fall within the definition of “Prohibited Donations” as determined by the Company.
4. Transportation, storage, handling, traceability and use of Products
4.1 Neighbourly shall use all reasonable endeavours to ensure that:
(a) the Community Donee shall take reasonably necessary steps to ensure that the transportation of Products is kept to a minimum;
(b) the Community Donee shall safely and properly handle (including storage, food preparation and transportation) all Products collected from the Company, in full compliance with all applicable laws and regulations;
(c) the Community Donee is obliged to check and verify that the Products are of a good quality and will check for moulding, bruising, spoilage and deterioration upon collection;
(d) the Community Donee will ensure that all Community Donee personnel involved in handling Products will be knowledgeable of and comply with food hygiene requirements and adequately trained, as required by all applicable laws and regulations;
(e) the Community Donee shall have adequate refrigeration and storage space for the service it provides including for the Products it receives from the Company;
(f) the Community Donee will ensure that it holds all statutory licenses, registrations, approvals and permissions (as necessary) as a food service establishment relating to the service it provides to its clients;
(g) all Community Donee personnel shall comply with all Company policies, procedures and instructions (including but not limited to health and safety, food safety and hygiene and conduct and security policies) whilst on the Company’s premises;
(h) the Community Donee shall ensure that all Products collected from the Company are in full compliance with all applicable laws and regulations in relation to traceability;
(i) the Community Donee shall keep a record of all Products received from the Company for traceability purposes;
(j) no Products shall be sold by the Community Donee;
(k) no Products which carry the Company’s logos, trade names or trade marks (“Marks”) shall be distributed to the Community Donee’s clients or any other third parties except foodbank redistribution to service users;
(l) no Products may be sold, exchanged, supplied or used in any way other than envisaged by these Food Terms and Conditions;
(m) the Community Donee will comply with legally acceptable standards of hygiene in the handling, storage, preparation and serving of Products, and in accordance with best practice and all applicable laws and regulations. This includes, but is not limited to, the following obligations:
(i) no Products shall be served to the Community Donee’s clients unless they are safe, fit for human consumption and in accordance with EU Regulation 1169/2011 on the provision of food information to consumers and EU Regulation 852/2004 on the hygiene of foodstuffs together with relevant EU Member State implementing legislation;
ii) products must be consumed within their use by date stated on the packaging;
(iii) chilled Products must be kept refrigerated at a temperature of between 0°C and 5°C;
iv) chilled Products that are within their use by date and have the home-freezing logo can be frozen upon receipt. They must then be consumed within one month of their original use by date;
(v) the only other Products types that can be frozen are bread and non-dairy cakes;
(vi) frozen Products must be stored in a freezer at a temperature of between -18°C and -24°C;
(vii) any specific conditions imposed by the Company must be met, including the condition that all of the Company’s logos, trade names or trade marks must be removed from Products; and
(viii) any Products not used must be disposed of safely, after first removing wrappers and all other packaging or marks identifying the Company.
4.2 The Company shall keep a record of all Products provided to the Community Donee for traceability purposes, including by uploading such information to the Website or provision of datafile.
5. Liability in relation to Neighbourly Food
5.1 The parties acknowledge and agree that Neighbourly is acting as an intermediary between the Company and the Community Donee only and shall have no other responsibility or liability whatsoever with respect to the provision, delivery or use of Products.
5.2 All Products once collected by the Community Donee shall be the sole property and responsibility of the Community Donee. In its contract with the Community Donee, Neighbourly shall include an acknowledgement from the Community Donee that it shall bear all the risk in relation to the Products once collection has taken place, including liability of any subsequent risk of foreign body hazards associated with the food.
5.3 In its contract with the Community Donee, Neighbourly shall include an obligation on the Community Donee that it will not, during the term of any receipt of Products or at any time thereafter, seek to impose any liability, whether under contract, tort, statute or otherwise, on Neighbourly and/or the Company in respect of Neighbourly Food, the Website and/or the Products and shall not make any statement or admission to any third party or do anything which would give rise to or otherwise affect liability for either Neighbourly and/or the Company with respect to Neighbourly Food, the Website and/or the use of the Products.
5.4 With the exception of any liability arising as a result of death or personal injury, fraudulent misrepresentation or misrepresentation as to the fundamental matter due to the Company’s negligence, the Company shall not be liable in any way for any losses (including damages and costs) arising from the supply of the Products under this Agreement.
5.5 Subject as set out in clause 5.4 above, in its contract with the Community Donee, Neighbourly shall include an obligation on the Community Donee that it will not be liable for any losses (including damages and costs) arising from:
a) the supply of Products by the Company under this Agreement;
b) any breach of Clause 2;
c) any breach of Clause 3; and
d) any breach of Clause 4.
6. Data Protection
6.1 For the purposes of the Data Protection Act 2018 and the General Data Protection Regulation (EU 2016/679, Neighbourly is the Data Controller for the data we collect.
6.2 Data collected will only be used for the purposes of facilitating donations to Community Donees. We will not share your information with any third party organisations except where we are under a duty to disclose or share your personal data in order to comply with any legal obligation.