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Cookie & Privacy Policy Terms and Conditions
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Terms and Conditions

 

Acceptance of these Terms

Welcome to our customer portal for the export organisation of Heineken South Africa Proprietary Limited called HEINEKEN South Africa (online.heineken.co.za). These terms and conditions together with our Privacy and Cookie Policy (the "Terms"), govern your use of HEINEKEN South Africa (the "Website").

By using the Website you confirm that you are 18 years of age or older and have the ability to conclude contracts

Existing terms and conditions of sale agreed between Heineken South Africa and you will apply in addition to these Terms to all purchases by you of any of the products listed on the Website (the "Products"). In the event that any such terms and conditions deviate from these Terms, those terms will prevail above these Terms.

We advise you to print a copy of these Terms or to save them to your computer for future reference. Please note that we may amend these Terms from time to time. Updated Terms are effective from publication on the Website.

Information about us

Heineken South Africa, Inanda Greens Business Park, Building 1 54 Wierda Road, Sandton, South Africa. Our VAT number is 4180211080.

To contact us, please see our Contact Us page on the Website.

Important notice

If you are a consumer, as defined in the Consumer Protection Act 68 of 2008, HEINEKEN has a duty to point out certain important terms to you. The clauses which contain these important terms and the reasons why they are important are set out below.

- Limitation of risk, legal responsibilities and liability. Clauses 2, 3 and 8 are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise owe to you. As a result of these clauses, your rights and remedies against us are limited and excluded. These clauses also limit and exclude your right to recover or make claims for any losses, damages, liability or harm you or others may suffer. In summary, these paragraphs state that you know and accept that the Internet is not absolutely secure and that there is a risk that your Personal Information will not be secure when transmitted over the Internet.

- Assumption of risk, legal responsibilities and liability by you. Clauses 2, 3, 4 and 5 are important because you take on risk, legal responsibilities and liability. You will also be responsible for, and you accept, damages, harm, and injury which may be suffered by you and others in relation to what is stated in these clauses.

- Acknowledgements of fact by you. Clause 2 is important because it contains statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true.

Our Products

We reserve the right to discontinue any of the Products or alter the ingredients, preparation, or presentation of any of the Products without prior notice to you, but all orders already placed will be delivered without any alterations unless requested by you. The prices of the Products will be as agreed with you separately. You acknowledge that all Products shown on our Website are subject to availability. We do not guarantee the availability of the Products and will only be liable for delivery of the Products when the Products are available. The effect of this clause is that you understand that there may not always be stock of the item you want to purchase.

Ordering

Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. If you have any questions on the steps you need to take to place an order on our Website, please contact your designated local Customer Service Organisation.
Products ordered are subject to existing trading and payment terms. No online payment method is facilitated on the Website.

A received and accepted order on the Website constitutes the conclusion of an agreement for the purchase of the ordered products between you and us (the "Agreement"). As soon as possible you will receive an email from us acknowledging that we have duly received your placed order (the "Confirmation Message"). The Confirmation Message will include the key details of the order, which you can store and/or print. If you do not receive a Confirmation Message within one working day we kindly ask you to contact your designated local Customer Service Organisation.

All Agreements will be in the English language only.

Delivery

Ordered Products will be transported to you on the estimated time of departure selected by you on the Website, to the delivery address specified on the order. If you would like to make any changes to a submitted order, such as a change of the chosen delivery address, please contact your designated local Customer Service Organization. We cannot guarantee that we will be able to facilitate all requested changes.

Transfer of Ownership

The ownership of all Products supplied by us to you will remain with us until we have received payment in full for all sums due and owing by you to us, in respect of (i) the Products, and (ii) all sums due and owing on your account with us.

You will not in any way pledge or charge by way of security for any indebtedness any goods in which title has not passed to you, and in the event that you do so, all monies owing to us will become immediately due and payable (without prejudice to any other rights and remedies we may have).

Intellectual property rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You can use the Website only for purposes in line with these Terms. You are permitted to make copies of any part of the Website for personal use. You must not use any of the content on our Website for other purposes without obtaining a written licence from us to do so.

Disclaimer

In spite of the continuous care and attention to the content of the Website, we cannot guarantee the completeness and correctness of our Website. We shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of information placed on the Website, unless such damage is the result of any wilful misconduct or gross negligence on our part.

We furthermore cannot guarantee that the Website will function faultless and without any interruptions. We and our affiliates shall not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your actual received Products may vary slightly from those images.
We regularly check the Website for viruses but do not warrant that the Website is free from all errors and viruses or any other harmful software or devices that have the ability to corrupt your computer.
We do not warrant that the Website is compatible with your computer equipment or software.

The effect of this clause is that we do not confirm that: the Website is complete and accurate; your computer or electronic device will not get any viruses or harmful software from the Website; the Website is accessible from your computer or electronic device; or that the information and content provided on the Website is accurate.

Indemnification

You hereby indemnify and hold us and our affiliates harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us and our affiliates as a result of a violation by you of these Terms or use by you of the Website otherwise being unlawful towards a third party.

Force Majeure

We will not be under any liability of whatever kind for non-performance in whole or in part of circumstances beyond our reasonable control or beyond the control of our suppliers, including, but not limited to; war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, acts of you or a third party, failure or delay in transportation, acts of any Government or any agency or sub-division thereof, government regulations, judicial actions, industry-wide labour disputes and strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, or a nation- or industry-wide shortage of labour, fuel, raw materials or machinery or technical failure. In any such event, we may, without liability, cancel or vary the terms of the Agreement including, but not limited to, extending the time for performing the Agreement for a period at least equal to the time lost by reason of such causes.

Confidentiality

Any information relating to us or our business, which is disclosed to you by us, shall be treated by you as confidential and shall not be used by you or disclosed by you to any third party unless required in terms of the law. You will return all such information and material to us on request.

Miscellaneous

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

These Terms are governed by South African law.

Cookie & Privacy Policy

 

Cookie and Privacy Policy

Privacy and Cookie Policy Heineken South Africa Proprietary Limited, located at Inanda Greens Business Park, Building 1, 54 Wierda Road, Sandton, South Africa("HEINEKEN") is the responsible party in respect of the processing of all personal information collected through HEINEKEN via online.heineken.co.za(the "Website"). HEINEKEN respects your privacy and complies with applicable privacy laws, including the Protection of Personal Information Act, 2013.

THIS PRIVACY AND COOKIE POLICY APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR INFORMATION WHEN YOU USE THE WEBSITE. PLEASE READ THIS PRIVACY AND COOKIE POLICY CAREFULLY.

Important Clauses

If you are a consumer, as defined in the Consumer Protection Act 68 of 2008, HEINEKEN has a duty to point out certain important terms to you. The clauses which contain these important terms and the reasons why they are important are set out below.

Limitation of risk, legal responsibilities and liability. Clauses 2, 3 and 8 are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise owe to you. As a result of these clauses, your rights and remedies against us are limited and excluded. These clauses also limit and exclude your right to recover or make claims for any losses, damages, liability or harm you or others may suffer. In summary, these paragraphs state that you know and accept that the Internet is not absolutely secure and that there is a risk that your Personal Information will not be secure when transmitted over the Internet.

Assumption of risk, legal responsibilities and liability by you. Clauses 2, 3, 4 and 5 are important because you take on risk, legal responsibilities and liability. You will also be responsible for, and you accept, damages, harm, and injury which may be suffered by you and others in relation to what is stated in these clauses.

Acknowledgements of fact by you. Clause 2 is important because it contains statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true.[WW1]

General

HEINEKEN processes personal information that you provide to HEINEKEN on the Website. HEINEKEN may also receive personal information from you when you access. log-into or use the Website. This information may include your first and last name or company name and registration number, value added tax number, physical address, telephone number, facsimile number, mobile number, e-mail address, shipping address and liquor license number. You agree to provide accurate and complete information, and not to impersonate or misrepresent any person or entity.

By agreeing to this Privacy and Cookie Policy, you provide HEINEKEN with your express consent and agreement that HEINEKEN may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, analyse, use and share your personal information in the ways set out in this Privacy and Cookie Policy. When HEINEKEN does one or more of these actions with your personal information, HEINEKEN is processing your personal information.

HEINEKEN's purpose in gathering and transferring such personal information will be to fulfil an order placed on the Website and for any communication in relation thereto. HEINEKEN may also use your personal information to develop new services, and for the purposes of securing Heineken's services and its users. HEINEKEN also wishes to improve its users' experience, and so HEINEKEN also uses the information it processes for this purpose. HEINEKEN may also use your personal information to:

to retain and make information available to you on the Website;

maintain and update our customer, or potential customer, databases;

diagnose and deal with technical issues and customer support queries and other user queries;

operate, administer, maintain, secure and develop the Website and the performance and functionality of the Website;

detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy and Cookie Policy that applies to the Website;

to conduct market research surveys, research and development;

communicate with you and keep a record of our communications with you and your communications with us;

inform you about any changes to this Privacy and Cookie Policy or other changes which are relevant to you;

to create user profiles and to analyse and compare how you and other users make use of the Website, including (without limitation) habits, click-patterns, preferences, frequency and times of use, trends and demographics;

to analyse and compare the kinds of user access devices that you and other users make use of and where you are using them; and

for other purposes relevant to our business activities, provided they are lawful.[WW2]

You promise that you have the authority to allow HEINEKEN to do all these things with the personal information HEINEKEN receives about you and which HEINEKEN gets from you, as set out in this Privacy and Cookie Policy. This also applies to your personal information and the personal information of other people or companies that HEINEKEN gets from you.

If you do not provide HEINEKEN with accurate and complete information, HEINEKEN may not be able to process an order that you place on the Website.

When you register to use the Website, you agree to receive marketing communications from HEINEKEN. You may refuse to accept, require HEINEKEN to discontinue, or pre-emptively block any approach or communications from HEINEKEN if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications"). You may opt out of receiving direct marketing communications from HEINEKEN at any time by requesting HEINEKEN (in the manner set out in the communication or by contacting HEINEKEN at the contact details set out below) to desist from initiating any direct marketing to you. If you have opted out, HEINEKEN may send you written (which may include electronic writing) confirmation of receipt of your opt-out request and not send you any further direct marketing communications.

Transfer, storage and processing of personal information

The transfer, storage and processing of personal information processed through the Website is secured by means of reasonable and appropriate technical and organisational measures. HEINEKEN cannot guarantee the security of any data transmitted online and you accept the risk of providing personal information on the Website.

HEINEKEN may transfer your personal information to its group companies, who may be outside of South Africa (in countries which do not necessarily provide an equivalent level of protection to that it receives in South Africa)[WW3] . HEINEKEN may also provide your personal information to its employees and third parties, which employees and third parties will process your personal information according to instructions of HEINEKEN and under the responsibility of HEINEKEN. HEINEKEN will not provide your personal information to any other third parties, unless there is a legal obligation to do so.

HEINEKEN may keep and process some or all of your personal information if and for as long as :

HEINEKEN is required or permitted by law or a contract with you to keep it;

HEINEKEN reasonably needs it for lawful purposes related to its functions and activities;

HEINEKEN reasonably needs it for evidentiary purposes; or

you agree to HEINEKEN keeping it for a specified further period.

Access, correction and removal

Where required by law, HEINEKEN takes reasonable steps to ensure that your personal information is accurate, complete, not misleading, and up to date. You can request HEINEKEN to provide access to your personal information that HEINEKEN has processed at any time by contacting your designated local Customer Service Organization on 0800 000 424 or Customercare.heineken-sa@heineken.com. You can also request HEINEKEN to correct or to delete such personal information if it is outdated, misleading, incomplete, inaccurate, excessive or incorrect. Please contact your designated local Customer Service Organization on 0800 000 424 or Customercare.heineken-sa@heineken.com in case you have any questions concerning anything on this page.

Updating your personal information

Should your personal information change, you must, as soon as it is possible, contact your designated local Customer Service Organization at the details set out in clause 6 aboveand inform them of all changes to your personal information to enable HEINEKEN to update your personal information.

Cookie Policy

The Website will make use of so-called cookies . Cookies are small text files that the Website stores on your user device.

Cookies used on the Website

The Website only uses the following cookies and for the following purposes:

Functional cookies Cookies used to enhance the user friendliness of the Website for visitors. For example, a cookie is placed to remember your settings and to remember your shopping basket. Without this cookie, you would have to re-submit this information. The functional cookies of the Website that are stored by Heineken on your computer only remain valid during your session on the Website, except for the cookies that remember if you are logged in or logged out and that remember the content of your shopping basket, which are stored for 30 days.

Analytics cookies HEINEKEN uses Google Analytics cookies, to analyse how visitors use the Website. HEINEKEN can then make improvements to the usability of the Website. Google only processes data obtained via the Website in an anonymous form. Please visit www.google.com/analytics for more information on Google Analytics.

Changing your settings

By changing the settings in your web browser, you can establish that you will be given notice if a cookie is stored on your computer. By changing settings, you can also establish that your browser does not accept cookies from this Website.

Contact

Please contact your designated local Customer Service Organization in case you have any questions concerning anything on the use of cookies on the Website.

This Privacy and Cookie Policy may be changed over time. Such changes shall be effective immediately upon the posting of the modified Privacy and Cookie Policy. You are advised to regularly read the Privacy and Cookie Policy for possible changes. If you do not agree to the changes to this Privacy and Cookie Policy, you must end your use of the Website.

Governing Law

This Privacy and Cookie Policy, as well as your use of the Website, is governed by South African law.

If any provision of this Privacy and Cookie Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

If any part of this Privacy and Cookie Policy is regulated by or subject to the Consumer Protection Act, No 68 of 2008 ( CPA ) or the Protection of Personal Information Act, No. 4 of 2013 ( POPI ), it is not intended that any part of this Privacy and Cookie Policy contravenes any provision of the CPA or POPI. Therefore all provisions of this Privacy and Cookie Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and POPI are complied with.

No provision of this Privacy and Cookie Policy (or any contract governed by this Privacy and Cookie Policy) :

does or purports to limit or exempt HEINEKEN or any person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

requires you to assume risk or liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

limits or excludes any warranties or obligations which are implied into this Privacy and Cookie Policy (or any contract governed by this Privacy and Cookie Policy) by the CPA or POPI (to the extent they are applicable) or which HEINEKEN gives under the CPA or POPI (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded.

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