Berliner Grill & Deli Northriding
248 Northlands Deco Park, Northriding
c/r Witkoppen & New Market Road
EMAIL: sales@tirolean.co.za
TEL: 011 462 0400

 

Berliner Grill & Deli : Sandton
Cambridge Crossing Shopping Centre
cnr Witkoppen & Stone Haven Road
EMAIL: sandton@berliner.co.za
TEL: 011 803 1723


Ts & Cs

Last Update 2014-08-04





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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.

  1. General Terms and Conditions

    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

    1. How our Terms and Conditions apply to you
      These Terms and Conditions apply to your use of these Websites. By using these Websites, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. By accessing these Websites and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. Please do not use our Websites if you do not agree to be bound by these Terms. Online purchases from our Websites are subject to these Terms and Conditions.

      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.

    2. Updates, amendments and changes to our Terms
      We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of our Websites will mean you accept any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions.

      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.

    3. We are governed by South African Law and Arbitration
      This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

    4. Who supplies your goods and services?
      Unless stated to the contrary on these Websites, the goods and services supplied in accordance with any contract made through these Websites are supplied by Berliner Grill & Deli. We may also sell products on behalf of 3rd parties, but these will be clearly indicated as such. Where no indication is given, the supplier is deemed to be Berliner Grill & Deli.

    5. Using our Websites
      Home delivery orders placed by using these Websites, along with access to them, are granted strictly in accordance with these Terms and Conditions.

      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.

    6. Limitations and conditions that apply to using our Websites
      Unless otherwise specified, the Websites are intended for your personal use only. You may not authorise others to use the Websites, and you are responsible for all use of the Websites by you and by those you allow to use, or provide access to, the Websites. You may not impersonate, imitate or pretend to be somebody else when using the Websites.

      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 use cookies to identify the computer device with which you connect to our Websites. We reserve the right to restrict your use and access to our Websites or part thereof in the event of any unauthorized use.

      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.

    7. The accuracy of our Websites content
      All reasonable steps are taken to ensure that information on our Websites is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.

      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.

    8. Our general 'linking' policies
      Certain links on these Websites will lead to other websites which are not under the control of www.berliner.co.za. When any of these links are activated you will leave the www.berliner.co.za Websites and www.berliner.co.za has no control over and will not accept responsibility, or liability, for any content, material or service contained on any website which is not under the control of www.berliner.co.za nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by www.berliner.co.za for any goods or services provided or available on such sites.

      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.

    9. Linking from www.berliner.co.za to other websites
      www.berliner.co.za aims to include links to other websites that provide relevant and useful information for people interested in topics related, but not limited to, www.berliner.co.za general activities. We do not link to individual personal websites and will not knowingly provide links to sites that contain illegal, offensive or misleading information. Where an organisation has regional or local services and associated websites, we will link to their national website.

      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.

    10. Content being distributed from our Websites
      All information or content transmitted by online invitations, e-cards, or other mechanisms provided for, by or through the www.berliner.co.za are the responsibility of you, the sender. You confirm that by using these services you will not transmit any material which could be considered offensive, obscene or otherwise objectionable. www.berliner.co.za cannot be held liable either directly or indirectly for the content of any customer content distribution mechanism, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You hereby agree to indemnify www.berliner.co.za for any such loss which may have occurred.

    11. Advertising and sponsorship on our Websites
      Advertising and other promotional material of third parties may appear on our Websites from time to time. We do not endorse such third parties or their products and/or services. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on our Websites complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Your reliance on any information contained in such material is entirely at your own risk.

      Should you wish to advertise or sponsor on our Websites, please contact us here.

    12. Disclaimers and limitations of our liability
      Use of our Websites is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Websites will be uninterrupted or error free, or that the Websites or the servers that make them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Websites or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Websites and/or your purchase of any products or services and including the use of any delivery services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via these Websites.

      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:

      • Incompatibility of the Websites with any of your equipment, software or telecommunications links;
      • Technical problems including errors or interruptions of the Websites;
      • Unsuitability, unreliability or inaccuracy of the Websites;
      • Inadequacy of the site to meet your requirements.
      Nothing in this paragraph applies to www.berliner.co.za's liability in respect of products sold through the online channel.

    13. Our indemnification
      You hereby indemnify www.berliner.co.za and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the lawyer-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Websites, or from your breach of this Agreement, or from any such acts through your use of the Websites.

    14. Ownership and use of our Intellectual Property
      All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on these Websites are owned by or licensed to us. All data and information communicated to or from the Websites including its database belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Websites. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Websites, including these Terms and Conditions, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Websites without written permission from www.berliner.co.za.

    15. Using our Websites from abroad
      Customers who are not resident in South Africa are welcome to use our Websites in accordance with these Terms and Conditions to make online purchases provided that the delivery address is within our pre-set delivery areas, or the authorised collection agent is in one of our pre-set delivery areas.

      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.

    16. Receiving marketing from us
      We would like to keep you up to date with a range of products and services provided by www.berliner.co.za. This includes news of special events, promotions, product launches and catalogues. To change your marketing profile, please log in, and select Profile, and scroll down to Marketing Preferences. Your profile will be updated immediately.

    17. Contacting you about our service
      We are constantly looking for ways to improve our service; we may therefore occasionally contact you for purposes related to a specific product you have purchased from us or a service we have provided to you. We may contact you by post, telephone, SMS text messaging and/or email.

      By accepting these Terms and Conditions you agree to receive service related communications from us.

    18. Your comments
      We value your comments, ideas, suggestions and feedback ("your Comments") via our Websites. We will not respond to, maintain or compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.

      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.

    19. Use of our logos, content and images
      You are not permitted to use the content of our Websites, our logos or any product or other images that appear on our Websites without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our, or our licensors', intellectual property rights.

    20. Availability of our Websites
      Although www.berliner.co.za aims to offer you the best service possible, we make no promise that the services or availability of our Websites will meet your requirements. www.berliner.co.za cannot guarantee that the service will be fault or interruption free. If a fault or interruption occurs in the service you should report it to our Customer Sales Centre here, and we will attempt to correct the fault as soon as we reasonably can.

      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.

    21. Miscellaneous
      You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

      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

  2. Privacy Policy and Information Security

    1. General policies
      Your privacy and the security of information you provide is exceptionally important to us. We will not release, rent or sell personal information to any third parties without your consent, unless we are compelled to do so by law. We treat all your personal information as confidential and keep your registration details and any personal information you upload to us on secure servers. We will comply fully with all applicable South African Data Protection and consumer legislation in place including the Consumer Protection Act.

      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.

    2. Your information
      When you shop on these Websites, we will ask you to input and we will collect personal information from you such as your name, email address, billing address, delivery address, telephone number, and product selections (please note that your payment details are handled through a third party specialising in secure payments - while we provide an additional anti-fraud verification layer). We and our third-party providers of advertisements and content, may collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.za and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Websites that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Websites ("User Information"). We may collect this information even if you do not register with us.

      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:

      • To process your orders;
      • For statistical purposes to improve these Websites and the services we offer;
      • To provide you with relevant Website content and Website advertisements;
      • To administer these Websites;
      • If you consent, to notify you of products or offers that may be of interest to you.

      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.

    3. Excluded services that are required by you
      The services provided by these Websites do not include the provision of computer or other necessary equipment to access the Websites. To use the Websites you will require a suitable device, internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

  3. Online shopping Terms and Conditions

    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.

    1. Registration
      You are required to register with us before placing your first online shopping order. You are also required to register to make use of certain functionality which may not include placing an online shopping order. Please click here to complete the registration process. Registration and/or use of our Websites constitute your acceptance and agreement to be bound by the Terms and Conditions of our Websites, including the Terms and Conditions specific to online shopping.

      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.

    2. Passwords and security
      When you register to use our Websites you will automatically be given a username and a password. This password should be changed by you on your first login. This password is encrypted on our system. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your username and password. If you know or suspect that someone else knows your password you should notify us immediately by contacting our Customer Service Centre 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.

    3. Creating an order
      Orders can only be created through the use of our Websites. No orders by telephone, email, SMS, fax or any other medium will be accepted. For the avoidance of doubt, this condition will apply to our Customer Sales Centre and our online shopping fulfilment stores. Please note that the Customer Sales Centre may guide you through the process of placing an order, but are unable to place the order on your behalf.

    4. Accepting your order and creating an electronic contract
      The steps required in creating the contract between you and www.berliner.co.za are as follows:
      • You will be guided through the process of booking a delivery slot and filling your shopping basket though a series of simple steps on our Websites;
      • The final step in placing your order will be by confirming the accuracy of your basket, your substitution preferences and the associated guide price to be charged to your chosen payment method/s. Your order is confirmed on completion of the checkout process;
      • We will send to you an order acknowledgement email. Details of the products you have ordered and any associated delivery information may be viewed by logging on to the website. The email will also have order details in it;
      • The email acknowledgement will present an 'indicative or guide price' only and will be subject to change depending on, but not limited to, the following:
        • The final price charged will be the in-store price (for the store that is delivering your order, or preparing it for in-store collection) on the day your order is successfully placed. The price of weight dependent items may vary slightly different to the original weight ordered;
        • Some items in your order may not be available at the time of picking and will be placed on backorder.
        • Please note that when your order is delivered you may return any item that is incorrect or damaged (to be returned with the driver) and receive a full replacement/refund Unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions given, our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order. Dispatch will occur on the day of delivery, subject to normal operating procedures.
      • Non-acceptance of an order may be as a result of one of the following, but not limited to:
        • The product you ordered is not available from stock;
        • We are unable to obtain authorisation for your payment;
        • A price or product description error is identified;
        • You do not meet the eligibility to order criteria set out in the main Terms and Conditions.
      • The contract will be concluded in English. Details of your specific agreement to the contract will not be filed by www.berliner.co.za. If you do require any information regarding orders you have placed with www.berliner.co.za, please contact us here.
      • All offers are subject to availability and while stocks last.
    5. Items ordered by weight
      Where items are ordered by weight, we will endeavour to provide you with an amount as close to the requested weight as possible. Products will be weighed, then only will they be invoiced.

    6. Risk and Ownership of the goods
      For the avoidance of doubt, the ownership and risk associated with your goods will be held by www.berliner.co.za up until the point at which they are signed for at delivery. Any damage, disappearance or theft of goods post delivery, will become the responsibility of the person who placed the order and against whom the contract is binding.

      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.

    7. Stock availability
      Only items indicated as available on our Websites can be purchased. Items stocked in stores but not indicated as available on our Websites, do not form part of our catalogue and therefore cannot be ordered. We will not pick or deliver items not available on our Websites even if they are requested through any special instruction available as part of the ordering process.

      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.

    8. Special instructions
      Special delivery related instructions to assist the delivery driver can also be added in the relevant area underneath the product list on the orders page. We will endeavour to meet these instructions subject to them complying with the Terms and Conditions as laid out. However these instructions fall outside of the Contract and we accept no responsibility for them not being met. For the avoidance of doubt we will not accept special instructions on an order relating, but not limited to, the following:
      • Requesting a product not currently available on our Websites;
      • Requesting a delivery time outside of the delivery slot booked;
      • Requesting a specific delivery time within the delivery slot booked;
      • Requesting a different delivery address to that captured as part of the order placement process;
      • Requesting updates to any personal profile information or preferences.

    9. Where we deliver to and restrictions thereof
      The delivery service is available in restricted areas as offered on our Websites. From time to time, and with no prior warning, we will update the delivery coverage areas. Whilst we endeavour to expand our coverage, we reserve the right to restrict deliveries in certain areas, including areas previously covered by our service.

      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:

      • Dangerous delivery conditions that pose a health and safety risk for our delivery drivers and/or any assistant;
      • Unavailability of free suitable, and legal, parking and offloading space;
      • Excessive distance between the vehicle offload point and the final customer handover point, including any unreasonable requirement or expectation to climb stairs or negotiate other physical obstacles;
      • Repeated unavailability of an authorised signatory to take delivery;
      • Repeat and excessive returns that misuse the reasonable nature of the service;
      • Repeat and/or excessive short supply or damage claims for which responsibility or liability cannot be determined.

      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.

    10. The delivery process, including where you cannot be present
      At the point at which you place your order, the full list of available delivery times will be shown - this is based upon your delivery address, which may be different from you registration address.

      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.

    11. Unpacking of boxes and the checking of orders
      Due to the physical and time consuming nature of a delivery our drivers will be limited, when making deliveries that require ascending or descending stairs, to a single storey only. Deliveries greater than a single storey will require the provision of a lift or escalator located within a reasonable distance of the final delivery point.

      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.

    12. Delivery and collection charges
      Delivery charges are determined locally based on the factors affecting deliveries at your chosen delivery address. www.berliner.co.za reserves the right to adjust delivery charges, at any time and without prior notification, to take into account local conditions and quality of service in accordance with every delivery address.

      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.

    13. Specific exclusions
      Only items specified on our website www.berliner.co.za will be available (stock availability)

    14. Minimum or maximum order restrictions
      There is currently no maximum order restriction; however www.berliner.co.za reserves the right to limit quantities at any time and without prior notification. In order to provide a high quality of service, orders above a threshold in terms of quantity and/or value will be restricted in terms of delivery slot availability. Typically, but not limited to, this restriction will be to provide www.berliner.co.za a longer lead time to prepare the order for delivery or collection. www.berliner.co.za reserves the right to alter the nature or terms of this restriction and/or threshold at any point and without prior notification.

    15. Traders
      www.berliner.co.za reserves the right to limit quantities at any time and without prior notice.
    16. Goods charged for but not supplied
      In the event of there being an item missing from an order but included on the invoice, this should immediately be brought to the attention of the delivery driver, agreed upon as such, and noted on the signed invoice (to be returned with the driver). A full refund will be issued for the noted items on receipt of the signed invoice. Failure to notify of any shortages of products at this point will designate full acceptance of the delivery in accordance with the signed invoice. This does not affect your statutory rights with respect to the products purchased.

      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.

    17. Damaged goods or delivery order errors
      In the event of there being damaged goods, quality concerns or a difference with respect to the invoice and items delivered, these should immediately be brought to the attention of the delivery driver and noted as such on the signed invoice. Goods marked on the invoice for return, whether for damages or other reasons, must be given back to the driver and will be returned for a full refund. Failure to notify the driver of errors, or of unacceptable condition of any products, at this point will designate full acceptance of the delivery in accordance with the signed invoice. This does not affect your statutory rights with respect to the products purchased.

      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.

    18. Our returns, refunds and guarantees policy
      We are committed to operate our business in terms of the requirements of the Consumer Protection Act and our returns and refund policies are aligned therewith. Customers are covered by our quality guarantee on every product.

    19. Refunds for returns made at the time of delivery
      Should you not be entirely satisfied, you are entitled to return any product, which was purchased as part of an Online Shopping order, to 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.

    20. Refunds for returns made after the delivery
      Should you need to return an item, received through our delivery service, after the driver has left, it is your responsibility to contact us prior to returning the item to a Berliner Grill & Deli store. The www.berliner.co.za delivery service requires us to provide a single delivery service at a pre-agreed price. You accept that we are not liable to provide the same service as part of a returns procedure after we have left your premises from the original delivery.

      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.

      • Accidental damage;
      • Goods that have been altered or physically changed in any way; and
      • A public regulation that prohibits such returns for public health reasons.

      Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misrepresented goods.

    21. Refunds when you use different payment types
      Any returns will first be refunded onto the Credit Card used for the transaction; up to the original settlement amount paid for on the Credit Card.

    22. Product information and images
      Images may be provided to help you recognize products. Due to certain imagery quality (as provided by third parties), packaging redesign and improvements these may not always reflect exactly the item or pack you receive. Please note that these images should not be used to determine size or volume - please refer to the product information contained in the description and any other additional information as is made available.

      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.

    23. Nutritional and ingredient information
      www.berliner.co.za will endeavour to make nutritional information available on our Websites where possible for the general information of the public. This information is gathered from various sources, including third parties, 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 the information.

      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.

    24. Changing your order
      Amendments to orders must be completed and submitted via our Websites before payment of final invoice. (irrespective of the booked time of the delivery). www.berliner.co.za will not be held liable or responsible for any impacts related to the amendments, particularly with respect to stock availability or delivery slot pricing or availability.

      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.

    25. General pricing policy
      Please note that all prices on our Websites are guide prices only - there are a variety of reasons for this, some of which are outlined below. All prices are expressed inclusive of any VAT payable unless otherwise stated or displayed.

      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.

    26. General payment provisions
      www.berliner.co.za is authorised to debit the total amount payable for the goods ordered against the authorised payment type supplied by you when completing your order. By submitting your order and associated payment details you warrant that you are authorised to make payment with the card (or other tender type) and that there are sufficient funds available to pay for the order.

      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.

    27. Sufficient funds and expiry date on payment card
      It is your responsibility to ensure that the expiry date of your payment card is after the requested dispatch date of your order - and that your payment card has sufficient funds to cover the purchase. The final invoiced amount will be based on the in-store price (for the store that is delivering your order) on the day your order is successfully placed, with the exception of any substitute products and variable weight products (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). In the event that the payment card has expired, or there are insufficient funds, we will be unable to take payment and fulfil your order.

    28. In the event of a failed payment
      This clause applies to failed payments for credit/debit card purchases.

      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.

    29. Payment security policy
      We are a company that our customers trust through our store network and via our digital channels (online and mobile). We understand your concerns with security and your peace of mind and safety are of the utmost importance to us.

      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.

    30. Credit/Debit card safety
      www.berliner.co.za have partnered with MyGate who are trusted experts in the field of secure online payments. The payment screens that you see on our Websites (with the exception of third party sites who provide their own payment gateways for which we accept no liability) are presented directly from MyGate to ensure complete confidentiality in the transaction. My Gate uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted across the internet. This prevents anyone from eavesdropping on your shopping session and keeps your card and personal details private.

      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.

  4. General

    Please note a 48 hour lead time on all orders.