Berliner Grill & Deli Northriding
248 Northlands Deco Park, Northriding
c/r Witkoppen & New Market Road
TEL: 011 462 0400
Berliner Grill & Deli : Sandton
Cambridge Crossing Shopping Centre
cnr Witkoppen & Stone Haven Road
TEL: 011 803 1723
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Welcome to "www.berliner.co.za". Please take a moment to read these Terms and Conditions including our policies ("Terms") to understand how they apply to your use of our websites and any products or services that you may order and purchase online.
Please read the rules carefully. Use of and/or registration on any aspect of "www.berliner.co.za" will constitute your agreement to comply with these rules and to the Terms and Conditions. If you cannot agree with these rules or Terms and Conditions, please do not use these Websites.
If you have any questions regarding our Websites, the Terms and Conditions, products or services, please click here.
The www.berliner.co.za Websites are owned and operated by Aspen Quality Foods (PTY) LTD ("we", "us" or "our"), a company registered in the Republic of South Africa under company registration number 2004/007413/07, which has its registered office at 248 Northlands Deco Park, Northriding, Randburg
Any questions regarding these Terms and Conditions or subsequent issues should be directed to: Berliner Grill & Deli, 248 Northlands Deco Park, Northriding, Randburg
Alternatively you may also contact us here.
Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.
Do not assume that the same Terms and Conditions will apply to future orders or delivery requests. We reserve the right to:
Modify or withdraw, temporarily or permanently, these Websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Websites.
Changes to the Terms and Conditions from time to time, and your continued use of the Websites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Websites.
Berliner Grill & Deli has taken every care in the preparation of the content of these Websites. However, to the extent permitted by applicable law, www.berliner.co.za does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from these Websites.
To the fullest extent permitted by applicable laws, www.berliner.co.za hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Websites or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to www.berliner.co.za. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.
You are welcome to browse or use our Websites for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of the Websites, the uploading of any unlawful or damaging information or viral software, is strictly prohibited.
You may not provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Websites.
You agree not to use any sexually explicit language or to provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
You may not provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Websites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Websites does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
The Websites may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets"). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Websites, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the "look and feel" of the Websites and the advertising thereon ("the Websites Content").
The Websites Content is protected by copyright, trade mark and other intellectual property laws and is the property of www.berliner.co.za and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Websites Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Websites except as permitted by statute or expressly permitted in writing by this Agreement or the Websites.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Websites or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Websites.
You may not interfere with any other persons use or enjoyment of the Websites. You may not breach any laws concerning the use of public telecommunications networks or interfere or disrupt networks or other websites connected to the Websites.
Other than connecting to our third party service provider's servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator's passwords or by masquerading as an administrator while using the Websites or otherwise.
You acknowledge that www.berliner.co.za and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from these Websites, and are not responsible for the content or actions of any sites linked to or from these Websites. Linking to any service or site is at your sole risk.
You agree to indemnify www.berliner.co.za against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Websites and/or its contents contrary to these Terms.
We reserve the right to suspend our Websites or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Websites in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
www.berliner.co.za makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the service, or any of the materials and accordingly www.berliner.co.za accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the service or in any materials nor warrants nor endorses any advertising of third parties carried on the service nor through the provision of links to that carried on other websites.
Wherever possible we aim to link to SA-based websites to ensure information is appropriate and relevant to our customers. Links will be provided at the discretion of www.berliner.co.za.
Should you wish to advertise or sponsor on our Websites, please contact us here.
www.berliner.co.za will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Websites. If www.berliner.co.za is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
www.berliner.co.za makes no promise that materials on the Websites are appropriate or available for use in locations outside the pre-set delivery areas, and accessing the Websites from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of South Africa, you do on your own initiative and are responsible for compliance with local laws.
By accepting these Terms and Conditions you agree to receive service related communications from us.
www.berliner.co.za does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on reviews, forums, blogs, social media platforms or otherwise contained in our Websites. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of www.berliner.co.za or its third party service providers. You agree that www.berliner.co.za and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
Your access to the Websites may occasionally be restricted or stopped to allow for repairs, maintenance or the introduction of new facilities or services. These scheduled outages will normally take place outside of peak hours. www.berliner.co.za will always attempt to restore the service as soon as it reasonably can.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and www.berliner.co.za ignores this, www.berliner.co.za will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
www.berliner.co.za shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control
Our secure databases encrypt your payment information in order to minimise the risk of unauthorised disclosure or interception. Our Websites collect data about the device that you use to access our Websites. This minimises the possibility of unauthorised access to, and disclosure of, your personal information.
www.berliner.co.za limits the amount of payment related information securely held on www.berliner.co.za servers or infrastructure - this information is purely used for your fraud protection with strictly controlled access and for a limited time period. We prefer to protect our customers by also providing a completely secure and encrypted gateway into our specialist third party payment provider ("MyGate"). This ensures we provide the highest levels of security including PCI compliance.
You may also use these Websites without providing us with any information, but if you do choose to withhold necessary data you will not be able to access certain sections or use certain features within the Websites.
If you want to use the Websites but do not wish to be sent additional marketing information, please ensure the relevant option is selected during registration that indicates your preference. You can also opt in or out of receiving marketing information at any time through your registered profile here.
Please note that we reserve the right to communicate with you (via writing, phone, email and/or SMS) with information directly related to the www.berliner.co.za service. This information is necessary to allow you to use the service and any enhancements we make from time to time.
You have the right to request a copy of any information we hold on you at any time, and to have that information corrected if it is inaccurate. If you wish to view any information you have submitted, please contact us in writing through the Company Secretary here. Nothing in these Terms and Conditions affects your rights under the Data Protection Act.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any personal information that you provide to us (or which is available on public registers) and any user information from which we can identify you, is held securely. We use your information only for the following purposes:
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, fax, email, SMS or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights.
Your personal information may be disclosed to other businesses within http://www.berliner.co.za and to reputable third parties solely with the purpose of helping to process your order. http://www.berliner.co.za require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable South African Data Protection and consumer legislation in place.
We reserve the right to disclose information if we are requested to by the police or any other regulatory or government authority investigating suspected illegal activities. This includes the provision of personal information and /or user information.
These online shopping Terms and Conditions apply to all purchases ordered online through our Websites. Please read them carefully and print a copy for future reference.
It is your responsibility to ensure that the details provided by you on registration, or at any time, are correct and complete. You must inform us immediately of any changes to the information that you provided when registering, by updating your personal details here.
If www.berliner.co.za has reason to believe that there is likely to be, or has been, a breach of security or misuse of our Websites, we may require you to change your password or we reserve the right to suspend your account without prior notification.
Please note that www.berliner.co.za cannot be held responsible for orders placed incorrectly on our Websites, even if the error was in good faith. Should an order error be discovered during the delivery process, any items not wanted may not be returned with the driver.
www.berliner.co.za will not be responsible for delivering the originally intended item unless as part of a new delivery and/or subject to a further delivery charge.
Goods discovered to be damaged or unwanted subsequent to the delivery process may still be returned subject to acceptance by a www.berliner.co.za returns and refunds policy. For the avoidance of doubt, no collection or delivery service will be provided by www.berliner.co.za for these returns.
Due to the fact that we carefully choose your goods in store, we may occasionally run out of stock before we can update our stock availability on the Websites. We endeavour to keep this to a minimum.
The Websites will also reflect the availability of a delivery within a specific time slot. The deliveries are booked on a first come, first served basis. Upon reaching the delivery capacity, a slot will be marked as unavailable and you will not be able to book a delivery for that particular slot.
We also reserve the right to withdraw our services to individual customers' addresses subject, but not limited, to the following:
Should we not deliver to your area and you would like us to - please use the box on the home page to suggest your location to us. We will contact you when/if we are able to extend coverage to your area.
We cannot accept responsibility for the provision of an incorrect delivery address. We will deliver to the address provided at point of order submission. This delivery address is clearly displayed throughout the online shopping experience and can easily be changed at any point up until final payment confirmation. Should we be unable to deliver due to the provision of an incorrect delivery address, all the Terms and Conditions applicable will apply.
The driver will bring the shopping to the door of your premises or business only, where you will be responsible to check your goods, agree with the driver the annotation of any returns on the invoice and sign the invoice to accept the delivery.
Only at your express invitation and risk, the driver can be requested to take your shopping into a kitchen area within your premises (or an appropriate designated area for a business) where your goods will be dropped off subject to the relevant clauses. Providing entry into your premises is at your own risk. www.berliner.co.za accepts no liability or responsibility for any loss or damages occurring as a result of or consequence of your request for the driver entering your premises, whether or not the loss or damages could be construed to be as a result of negligent behaviour.
Drivers will carry identification which you must ask for. Drivers will be able to inform you of the order number and the intended recipient (as provided on the order) as an additional security check.
Goods must be signed for at the delivery address, by you, or by a nominated representative who must be aged 18 or above. Under no circumstances will goods be left unattended, for example in a garage, or with anybody below the age of 18.
It is your responsibility to be present (or make sure an authorised signatory is present) for the full duration of your chosen delivery slot. If, in the event that no authorised signatory is available to accept and sign for your delivery order, our driver will wait a total period of 10 (ten) minutes for an authorised signatory to present themselves prior to leaving and returning your order to us. For the avoidance of doubt, the driver may leave before the end of the delivery slot provided they have arrived after the beginning of the slot and waited a minimum of 10 (ten) minutes for an authorised signatory. A delivery card will be left by our driver detailing the time of their arrival and departure and the start and end time of the chosen delivery slot. You will be asked to contact the Customer Sales Centre at your earliest convenience to arrange an alternative delivery time. You will be liable for a re-delivery fee equal to the current delivery price of the slot agreed upon for re-delivery. Should there be no opportunity to arrange a redelivery on the same day (due to www.berliner.co.za or your constraints); you will be liable for the replacement cost of any perishables as reasonably required.
If you do not contact us to rearrange a failed delivery within 12 hours of the start of the original delivery slot, the order will be cancelled and the cost of your order (excluding the cost of perishable items and any delivery charges) will be refunded to you. For the avoidance of doubt, www.berliner.co.za reserves the right to retain the cost of perishable items and the associated delivery charge when the service has been provided in accordance with the Terms and Conditions as laid out.
For a delivery your order will be presented in sealed and/or cool boxes - with exceptions for loose items unable to fit, or bulk products which are more easily transported and delivered in their original packaging. The seals should only be broken in the presence of an authorised signatory. Should the boxes not be sealed, or the seals already broken, you should not accept the order and immediately contact our Customer Sales Centre here.
Please note adverse weather conditions, accidents, road work, unusual traffic congestion or any other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to and reschedule your delivery time and date. In any event for cancelled deliveries our liability to you will be limited to refunding the price of any goods not delivered and the associated delivery charge. We cannot be held liable for delivery delays outside of our control and any refund where liability is accepted will be limited to the cost of the delivery charge.
Deliveries are limited to 1 delivery per address per day.
The driver will unpack your boxes onto a flat open surface only - either at the door of your premises or business, or in a kitchen area (or appropriate designated area for a business) at your express request. For the avoidance of doubt, this will not include unpacking into cupboards or onto shelves.
It is your responsibility to check the invoice against the delivered goods in a timely manner and not to unduly delay the driver in the process.
Certain areas will incur a delivery surcharge in addition to the delivery fee as indicated when booking a delivery slot. (all extra charges if any will reflect on final invoice)
Orders are currently not subject to a minimum order value - www.berliner.co.za reserves the right to amend this policy at any time and apply a minimum order value without prior notification.
Please note that www.berliner.co.za will not, and is under no obligation to, make any redelivery as result of missing items. www.berliner.co.za obligation will be to remedy the situation through a refund. Should a redelivery be requested, www.berliner.co.za reserves the right to either decline the request or charge a redelivery fee commensurate to the standard delivery fee schedule.
Please note that www.berliner.co.za will not, and is under no obligation to, offer any redelivery as result of damaged items, quality concerns or errors www.berliner.co.za obligation will be to remedy the situation through a refund when the item/s is/are returned with the delivery driver.
Returns must be marked and signed for as such on the invoice that accompanies the order. Returned items will be made after the goods have been received back into stock by www.berliner.co.za. We will process any returns, ordered via www.berliner.co.za and returned via our delivery driver, within 48 hours of receipt of goods from the originating store. Note that bank processing times may vary and will add a further delay on the refund for which www.berliner.co.za cannot be held liable (including for any resulting occurrence due to any refund delay).
For the avoidance of doubt, www.berliner.co.za shall not be liable to redeliver any items. This includes but is not limited to not redelivering due to damaged goods, quality concerns, a change of preference, ordering errors or any unspecified reason. In this instance you are entitled to return the items with the driver and receive a full refund for those items. Refer to relevant clauses for policies related to goods charged for and not supplied, and damaged goods or delivery order errors.
For the avoidance of doubt, any items purchased direct from a Berliner Grill & Deli store may not be returned with an Online Shopping delivery driver. Items eligible for return via the delivery driver are limited to those purchased through the Websites on the current order delivered.
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
Most goods (current Order)will be refunded or exchanged if they are returned with the driver. If they were defective when purchased or do not comply with requirements and standards in terms of safety and quality.
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misrepresented goods.
www.berliner.co.za will endeavour to make as much product related information available on our Websites as is possible. However, this information is gathered from various third party sources outside of www.berliner.co.za and therefore we accept no responsibility and make no representation, nor give any warranty or undertaking, express or implied, as to the accuracy or completeness of any information provided on our Websites.
Any customers requiring nutritional and ingredient information as a result of any medical condition (e.g. diabetes, nut allergies, etc.) or for religious, moral or social purposes cannot rely on the information provided and must contact the product suppliers directly.
Under exceptional circumstances amendments after payments can be requested through our Customer Sales Centre. We will endeavour to accommodate these changes if possible but you accept that www.berliner.co.za reserves the right to accept no amendments after payment of final invoice.
The prices charged will be the price (as per final invoice) on the day your order that is successfully placed (you will receive an email confirmation thereof), subject to certain exceptions. These exceptions specifically apply to, but are not limited to, any variable weight products (those purchased in a quantity selected by weight) - these will be priced on the day of invoicing. Please note that prices and the availability of special offers are more likely to vary for future dated deliveries. Special promotions are also subject to certain conditions, including stock availability and limited offer stipulations.
The unit price for products that are weighed and displayed on the site are calculated on drained weight where applicable.
Weighed items (fresh meat) may slightly vary in weight from that originally ordered.
Any of the following Credit Cards may be used to pay for your online shopping purchases: Visa & Mastercard. Certain (non-pin based) Debit Cards may also be used - typically where the Debit Card is issued with an expiry date and a CVV number.
For the record, www.berliner.co.za securely stores limited payment information for fraud verification purposes. Your credit or debit card details are encrypted and transmitted directly to our secure payment gateway which is provided by MyGate (a leading online payments provider specialising in secure online transactions).
The invoiced amount will be based on the final invoice (emailed to you) the day your order is successfully placed, (ordered by weight quantity on the website) which will be priced on the day of invoicing (either the day of or the day before delivery).
You are entitled to cancel a payment where fraudulent use of your payment card has been made by another person not acting on your behalf.
If you have booked a delivery and invalid card details have been entered during the checkout process our Customer Sales Centre will contact you before delivery can be made (see relevant section). This may result in your original chosen delivery slot no longer being available - www.berliner.co.za will accept no liability as a result and all Terms and Conditions will apply as per the original order, irrespective of a new delivery slot being agreed.
Should your payment fail, for any reason, you will be called by the Customer Sales Centre and notified of the failure. You accept that we will need to cancel your order as a result, including the delivery slot, and you will need to rebook your delivery slot and resubmit your online order (with valid payment information). For late afternoon orders that have failed due to insufficient funds, we will endeavour to accommodate the original delivery slot, provided we have been able to make contact with you and funds have been made available in time - however, we still reserve the right to cancel the order and delivery.
For the avoidance of doubt, if your order is cancelled any new order can only be booked for the day following the cancellation, if captured prior to the 12h00 cut off time. It is your responsibility to provide valid payment details and ensure that sufficient funds are available. As a reminder, the invoiced amount will be based on final invoice (emailed to you) which is when the funds must be available. We accept no liability or responsibility for any losses whatsoever, as a consequential result of a failed payment and subsequent order cancellation or delay.
In order to protect your personal data and to ensure our PCI compliance, our Customer Sales Centre agents are currently not allowed to accept alternative payment details via telephone (or any other medium). They may only resubmit an order that was initially blocked due to insufficient funds but where funds have subsequently been made available. This is for your protection and to ensure our service maintains the highest standards of security.
As a result, we have developed highly secure online ordering facilities on our Websites. This is specifically intended to give you confidence when you use your Credit/Debit Card to shop with us - but also when you entrust us with your personal details like addresses and phone numbers.
We comply with all the necessary compliance regulations in effect and as such have partnered with one of the leading experts in the field of secure payments when it comes to the protection of our customers data.
MyGate allows you the option to securely store your card details with them, so that you can order from us again without needing to capture your credit card details again - this allows for an exceptionally fast checkout process. Your credit card details are never physically stored or made known to www.berliner.co.za during your online transaction. MyGate returns a successful or failed transaction message to us, along with the last 4 digits of the credit card used in the transaction. This information is only made known to you in order to provide another layer of security around use of your credit card.
If you do not wish to store your card details with MyGate, you can simply enter your details each time you place an order.
Your payment details are held by MyGate in a secure encrypted server which is not accessible from the Internet. Access to this data is also secured internally from www.berliner.co.za and all card numbers are encrypted using a highly secure system that financial and banking institutions rely on, called Triple DES (Data Encryption Standard). This is widely acknowledged as being an extremely secure way to hide these details from prying eyes.
Once your order is processed, the payment details associated with your order are removed from MyGate files unless you opt for the convenient and secure card storage service.
Please note a 48 hour lead time on all orders.