FAQs

The company Digital Generation is an online internal customer to assist with an employee benefit programme for our client located in South Africa and registered in the Chamber of Commerce in South Africa under number 1999/002481/07 provides the User with a Platform under the name "DIGITAL GENERATION", which aims to connect him with Sellers. B2B and B2C.

There are no user accounts created because all staff will have access to this portal, which uses IntraID integration, and B2C employee benefits ecommerce system.

·       The user provides accurate, complete information to ensure the smooth operation of the Services.

In the event that the User becomes aware of access to his customer account by a third party, the User undertakes to inform DIGITAL GENERATION without delay by sending an email.

·       The user undertakes to create and use only one customer account, regardless of the extension of the site from which he visits the Platform, unless expressly otherwise permitted by DIGITAL GENERATION

·       In the event of closure of his account by DIGITAL GENERATION, the user undertakes not to create a new account, unless expressly authorized by DIGITAL GENERATION

The User undertakes;

(i) not to harass other users (customers, sellers) of the Platform;

(ii) not to make offensive, defamatory, slanderous, discriminatory or racist statements on the Platform, and more generally not to make statements that are contrary to applicable laws and regulations, the rights of persons, public order and good morals ;

(iii) not obtain information about other users, either manually or using automated methods, or access another user's personal account;

(iv) and not attempt to jeopardize the proper functioning of the Platform.

In particular, the User undertakes to act respectfully towards DIGITAL GENERATION Sellers and third parties when submitting a review or comment on a Product or a Seller.

·       The User acknowledges that all elements on the Platform, such as, but not limited to, texts, comments, illustrations, images, sound elements, company names, trademarks and other distinctive signs, as well as elements that make up the Platform, such as databases and all underlying technology (hereinafter the "Elements"), are or are likely to be protected by intellectual property rights, such as copyright, trademark law, design law, sui generis rights on databases, etc. Accordingly, the User acknowledges that the following is strictly prohibited:

- any reproduction, display, modification or adaptation of the Platform and/or all or part of the Elements without the prior written consent of DIGITAL GENERATION;

- any use of the Elements for commercial or professional purposes without the prior written consent of DIGITAL GENERATION;

- any use of software, tools, scripts, robots or other means or processes (including indexing robots, browser plug-ins or other technology) to perform web scraping (i.e. the automatic extraction of data for the purpose of reusing such data) of the Platform.

· Digital Generation offers various services to users, such as, for example, the service of contacting the Sellers, the provision of a customer account, secure payment and the numerous quality procedures, more details of which are provided on the Platform.

· Digital Generation  also offers various services to Sellers on its Platform, such as the provision of a Back Office to process orders, a payment service, which are paid by these Sellers in the form of a platform fee, and the terms and conditions of which are stated governed by general seller terms and conditions applicable between Digital Generation  and the Sellers.

· Digital Generation always acts as an intermediary between Buyers and Sellers and is not a party to the sales agreement between Buyers and Sellers.

·       Requests and Complaints Regarding the Services: DIGITAL GENERATION customer service can be reached online by sending an email to clientcare@dg.co.za

 

·       Requests and complaints regarding an order:

For all questions or complaints regarding the Products, warranties, right of withdrawal, delivery, etc., requests and complaints can be addressed by the user to the Sellers via his customer account.

DG Customer Service will make every effort to answer the question or complaint or to pass it on to the Seller who is solely responsible for the Products he sells on the Platform.

Under no circumstances can DIGITAL GENERATION be held liable for the sale of a Product.

 

 Who is responsible for services and products?

 Regarding the Services and access to the Platform. With regard to the Services and access to the Platform: DIGITAL GENERATION undertakes to make every effort to ensure the availability of product and the Platform.

DIGITAL GENERATION reserves the right to suspend or restrict access to the Services and the Platform for the purpose of carrying out repairs, maintenance work and/or adding and/or upgrading a function and/or service.

DIGITAL GENERATION cannot be held liable if the user is unable to use a Service or the Platform in whole or in part.

·       Regarding the Products.

The Seller accepts full responsibility for the Products that it offers for sale through the Platform, in particular with regard to the compliance and safety obligations for which it is responsible in accordance with applicable regulations.

Since DIGITAL GENERATION is a hosting service between the Seller and the Buyer, DIGITAL GENERATION disclaims any liability regarding sales between the Seller and the Buyer on the Platform.

The Buyer therefore indemnifies DIGITAL GENERATION against any liability that may arise in the execution of the sale of the Product, in particular with regard to the conformity of the Products, the description and conformity of the sales offer, the availability of the Products, the ownership of the intellectual and industrial property rights relating to the Products.

·       Products are ordered on the Platform from Sellers who complete the Seller Sheets, the Product Sheets and the prices and delivery methods and costs. As such, the Sellers are solely responsible for the information contained in the Seller Sheet, the description of the Product and the full conformity of the Product with its description. It is specified that in the case of reconditioned products, the accessories do not have to be original but must be compatible and fully functional. The Seller Sheet containing the Seller's identification data is accessible to the Buyer before each order is placed.

·        The price of the Product is inclusive of all taxes and determined freely by the Seller. Certain second-hand products may fall under the VAT margin scheme. The price of the services is determined by DIGITAL GENERATION and is also stated including VAT.

·       During the purchase process, the user chooses one or more Products and the delivery method and enters his delivery address. The Buyer then chooses his payment method and enters the information necessary to complete his payment. Finally, he is asked to confirm his payment, which implies an obligation for the Buyer to pay.

·       The order may also be cancelled for a legitimate reason, in particular in the following cases:

When the product and/or price contain an obvious error (for example when an apparently ridiculously low price is displayed and/or when there is an error in one of the essential characteristics of the product);

When there is a dispute regarding the payment of the order;

When we see multiple accounts being created for one Buyer or multiple and/or fraudulent discount codes being used.

·       Products offered on the Platform and accessible via the website may only be delivered to a delivery address in the country where DIGITAL GENERATION offers its services, unless the Seller offers delivery in another area.

·       The Products will be delivered to the delivery address specified by the Buyer when placing the order. Prices, deadlines and delivery methods are stated by the Seller who is solely responsible for their compliance. The Buyer can follow the progress of his order and, if he has chosen this, delivery tracking via his customer account.

·       The date of delivery depends in particular on the method of delivery chosen by the Buyer. When the Buyer chooses a delivery method, he will be informed about the delivery period. The Seller undertakes to respect the announced delivery times, which may not be unjustifiably delayed and in no case may exceed 30 days.

·       Unless otherwise stated during the order, delivery is subject to payment. The price of the delivery will be communicated to the Buyer before any payment is made on his part.

·       Upon receipt of the package, the Buyer shall check its condition and, in the event of transport-related damage (damaged packaging, torn or opened packaging, missing or obviously damaged product), the Buyer must immediately note a reservation on the transport note to specify the transport-related damage . The Buyer must also report the damage via the Platform within 7 days of receipt.

·       The transfer of ownership and risk takes place when delivery is completed, i.e. when the ordered product has been received by the Buyer and the price has been paid by the Buyer. In the event of non-receipt of the package, the Buyer undertakes to inform the Seller via the Platform as soon as possible.

·        Statutory and Commercial Guarantees: All products are covered by statutory guarantees and a commercial guarantee under the conditions described below. To invoke a warranty, the Buyer must contact the Seller as described in the warranty terms.

·        Legal Guarantees of the Seller:

- Defects of Conformity: Defects of conformity that occur within six months after delivery are presumed to have existed at the time of delivery, unless proven otherwise. The Seller may refute this presumption if it is incompatible with the nature of the product or the alleged defect. After this period, the Buyer must prove that the defect existed at the time of purchase, for example, through an appraisal.

- Buyer’s Rights: The Buyer has the right to demand that the product conforms to the contract. However, the Buyer cannot contest conformity based on a defect known to them or one they should have been aware of when concluding the contract (e.g., the Buyer cannot claim non-conformity due to micro-scratches on the screen if the product description explicitly mentions these scratches).

·        Non-Conformity Remedies:

- In case of non-conformity, the Buyer may demand the product’s conformity and choose between repair and replacement. The Seller may reject the Buyer’s choice if it is impossible or entails disproportionate costs. In such cases, the Seller will proceed with the alternative remedy unless it is also impossible.

- Under sections 55 and 56 of the Consumer Protection Act, the Buyer can either return the item and claim a refund or keep the item and request a partial refund. This option is available if the requested, proposed, or agreed solution cannot be implemented within one month of the Buyer’s complaint or if it cannot be implemented without significant inconvenience to the Buyer, given the nature of the product and its intended use. However, the sale cannot be cancelled if the non-conformity is minor.