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Terms & Conditions

This Website (the"Website") is operated by Livdigital (Pty) Ltd, registration number: 2012/043746/07 (hereinafter referred to as "Livdigital").

Visitors to the Website ("Users" or "you" or “customers”), including anyone who purchase any products or service on the Website ("Purchasers") are bound by these terms and conditions. If you do not agree to these terms and conditions, you must no longer make use of Website. Your continued use of the Website will constitute acceptance of the terms and conditions, unmodified by you.

These terms and conditions not only apply to you making a purchase on the website but also your use of, the website.  You are asked to read these and all disclaimer clause prior to purchasing or using the site.

Purchasing

Stock availability:

All goods on offer are limited stocks. Every effort will be made to ensure that goods marked as “In Stock” are available. Should stock no longer be available every effort will be made to remove said items or show as”Out of Stock”. However from time to time goods marked “In Stock” may be sold out and we will then be unable to ship your order in full or part thereof or at advertised prices.

All reasonable efforts will be made to keep the information up to date and accurate. Should there be an out of stock or a delay, all reasonable efforts will be made to inform you.

Livdigital will only be liable to refund the amount paid by you should your payment have been processed. Please see the Terms and Conditions in our Refund Policy

Agreements of Sale:

Until products that are in a basket or on a wish list are paid for in full this does not constitute an agreement of sale, or an order being processed. Should the sale not be completed, Livdigital may remove said products from your basket /order for purchase by other customers.

Cancellation and Termination

Livdigital reserves the right to refuse to process any payment to prevent fraud or any other form of unlawful use.  Prior to advice of packaging and shipping you may cancel your purchase.

The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") with some exceptions, and subject to certain charges, entitles you to cancel any sale concluded on this Website within 7 days. Please see Refund Policy for details.

Amounts Payable

Prices:
The price is displayed with each product or set of products. Should there be a sale, special offer, or promotion the relevant price is shown.

Value Added Tax:

When applicable, value added tax is applied at the rate of 14%.

Incorrect pricing or information:

Livdigital will make every effort to ensure correct pricing. In case of error Livdigital may decline to sell the products or services at the incorrectly published price.

Payment Methods

Payment for all items ordered should be made to Livdigital’s bank account as follows:

First National Bank
Name of Account: Livdigital (Pty) Ltd 
Name of Branch: The Boulders
Branch Code: 250856
Account Number: 623 842 525 33

Limitations on purchasing from LivDigital

Credit card payments.

On checkout, the transaction details are presented to the bank/payment gateway. The bank will then give authorisation for the total amount. Should authorisation not be given, your purchase will be cancelled.

Bank deposits & Electronic Funds Transfer.

For Electronic Funds Transfer (EFT) to  Livdigital’s bank account:
• The amount must be paid in full
• The order number should be given as the reference
 
Vouchers

Promotional and/or discount vouchers may be offered at the sole discretion of Livdigital and may have their own terms of use; for example, but not limited to, product or date specific, one per purchase/order, one use only)

Should the value of a voucher be less than the purchase order, the balance will payable.

If the voucher is worth more than the purchase order, the purchaser will retain a credit balance in this regard for a period of 12 months.

Age restrictions:

There may be products offered on Livdigital that carry an age restriction for example and not limited to media (DVDs games, films and videos). As the purchaser it is your responsibility to meet any and all age requirements. When making such a purchase you indemnify Livdigital from any liability in this regard.

DVDs carry a regional encoding

When purchasing a DVD it is your responsibility to ensure that you are purchasing the right code for your region (DVDs coded for South Africa are Zone 2 or multiple)

Sales Records

A full record of every sale and related transaction between you and Livdigital and/or a Marketplace Seller shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction unless deleted due to unforeseen circumstances. You shall thus only be able to view and print such record during such period. Thereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction, as Livdigital records will be deleted from the system.

Delivery

Livdigital (Pty) Ltd offers free delivery for all orders throughout the Republic of South Africa, Refer to Delivery Tracking for more information.

Delivery times are calculated from the time Livdigital receives full payment for your order.

Should you purchase a pre-order product together with other products; the pre-order product will be treated as a separate purchase order and the delivery time calculated from when we receive the pre-order product into stock.

Livdigital delivers daily throughout the Republic of South Africa except on weekends and public holidays.

Livdigital does not deliver to PO boxes and post offices.

Returns and Refunds Policy

Cooling off period

With some exceptions, Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded within 7 days after date of receipt and be given a refund within 30 days thereafter, this is subject to a charged being levied for the return of the goods.

Section 42(2) of the ECT Act sets out all the exceptions to the aforesaid ‘cooling-off right’. These exceptions include the following products but not limited to, in respect of which no cooling off period is applicable: 
- Where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier:
- Where the goods—
o ¬are made to the consumer's specifications;
o are clearly personalised;
o by reason of their nature cannot be returned; or
o are likely to deteriorate or expire rapidly;

Where audio or video recordings or computer software were unsealed by the consumer;
For the sale of newspapers, periodicals, magazines and books;
For the provision of gaming and lottery services; or

Products which by reason of their nature cannot be returned or are likely to deteriorate or expire rapidly. These exceptions will not apply in the event of a refund due to out of stock situations or late delivery (as per “late delivery”).

Late delivery

Livdigital make best efforts to dispatch ordered products as soon as payment is received..  However, if a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days’ notice to the seller of such product. Should a product purchased be unavailable, out of stock the seller thereof (i.e. Livdigital) in the event that you have paid for said product, must notify you and issue a full refund within 30 days after such notice.

Refunds on purchases

Should your purchase be cancelled prior to packing and shipping a full refund will be given.

Manufacturers’ Faults & Warranties

In the event of a manufacturers fault/defect, or you being unhappy with your purchase, in some circumstances you may have the product replaced, repaired or be refunded.

Things that are not regarded as defective and will not carry any warranty, guaranty, replacement, refund or repair are the following:

- Any damages or faults arising from misuse or wear and tear.
- Any DVDs not compatible with your encoded zone, unless by fault of the manufacturer.
- Due to you not being connected to the internet.
- Software.

Subject to the "Product Exceptions" and "Special Offers" sections below – 

Should the incorrect product be delivered or is damaged or faulty due to manufacturer’s defect.

You must notify Livdigital within 10 working days of delivery by means of email support@livdigital.co.za or + 27 11 542 1159. Should no such notice be received in 10 working days of delivery, it will, until the contrary is proved, be deemed that you received you purchase as ordered, in the delivery time frame and in good working order.

Once opened, the following products will not be accepted for a refund: 

- All consumables, software, literature, CDs, Videos, DVDs, audio tapes, computer and games. 
- Writable media CD-R, CD-RW, DVD-RW.
- Electronic goods (except for Gaming Consoles)
- Out of box failures are to be reported within 10 working days, thereafter they will be repaired or replaced at the sole discretion of the manufacturer.

Should a defect only be noticed after 10 working days of receiving goods, any return or replacement will be governed by the manufacturer’s guarantee of the goods supplied (“Electronic Hardware Guarantee”) in most cases this is a one year repair guarantee. Purchasers are advised to read the manufacturer’s guarantee document supplied with the product.

Under the Electronic Hardware Guarantee Livdigital liability in terms of replacing products or crediting accounts is at Livdigital’s sole discretion and its suppliers and is limited to their liability in terms of the Consumer Protection Act, 2008. 

Should any equipment be tampered with, or misused as per the manufacturer’s specification or any seals on equipment be broken by anyone other than the manufacturer’s, the manufacturers guarantee will be null and void. 

When purchasing electronic hardware it is your responsibility to ensure the product you are going to purchase in compatible with any existing electronic hardware.

Defective products

In order to be granted a full refund for your electronic hardware product purchased (excluding Gaming Consoles) Writable media CD-R, CD-RW, DVD-RW: it will need to be returned to Livdigital within 10 working days of delivery, unopened with all seals intact in mint condition and in original packaging, this excludes any courier costs.

In the event of a consumer returning non-defective goods as contemplated herein, Livdigital shall have be entitled to levy a charge for the return of such goods in terms of section 20 (6) of the Consumer Protection Act and to set off the amount of such charge against any amount to be refunded to a consumer.

Authorisation for such a return will need to be obtained from Livdigital customer service department. support@livdigital.co.za On receipt of your product it will be inspected by a Livdigital member of staff, if found to have been tampered with or in its original condition it will not be deemed as a return.

Non–defective products other than above

Should you not be happy with your purchase and it is still in the original packaging and has not been tampered with or utilised in any way, it will need to be returned to Livdigital within 7 days of delivery, to have your purchase price refunded (excluding delivery costs)

Processing of refunds

Once established that you are entitled to a refund, refunds shall:

- In the case of credit card payment to be effected on the same credit card
- In the case of voucher payment to be effected in the form of a replacement voucher
- In the case of EFT payment to  be effected to the same account the funds came from

Disclaimer

Livdigital or any of its employers or representatives cannot be held liable for any damage, loss or liability

Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither Livdigital nor any of its agents or representatives shall be liable for any damage, loss or liability of any kind arising from the uses or misuse or abuse of any information, product or service or errors or downtime for the site.

When purchasing from the website you are responsible for ensuring that the products you purchase are compatible and meet your technical (software and hardware) and personal requirements.

The views, opinions and information on the website may not reflect the views and opinions of the staff and management of Livdigital. Not all information on the website is that of a professional. Should professional advice be required, you are advised to seek the advice of a professional

Customers are advised that the technical product data and images shown on this website are supplied by a variety of third parties and may contain errors and there is accordingly a risk that the information may in certain circumstances be either incomplete or incorrect. Consequently, products may vary in technical specification, colour, dimensions and other aspects from the data and images supplied by the third parties. Customers should not therefore rely only on this data when making a decision to purchase a specific item and they are advised to verify this information from other sources such as the manufacturer's website.

Law and Jurisdiction

Livdigital is a South African company, governed by South African law.

This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and parties hereby submit to the non- exclusive jurisdiction of the courts.

“Business days” means any day of the week excluding Saturdays, Sundays and public holidays.

None of the provisions in this document shall derogate from any of the rights which a consumer may have in terms of the Consumer Protection Act.

Privacy

Livdigital will make every reasonable effort to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
This statement discloses the privacy practices for both our website and email system.

Livdigital will not display personal identifying information online nor make it accessible to the general public. Livdigital will not sell or rent out your information to any outside parties.

Livdigital may store and use the following of your personal information, via means of electronic collection:
Name and surname;
Registration
Birth date;
Gender;
Country of residence;
Closest city;
Non-personal browsing habits and click patterns;
E-mail address;
Mobile number (if provided by you);
IP address; and
ID number / passport number.
"Cookies" Updating Your Customer Information

Registration information, such as your name, billing address and shipping address as it may differ from the billing address, email address, contact numbers, are used for order processing.

Your information is for Livdigital use only. It will not be sold, or shared, except for transactions involving third parties. Should this be the cases, only the information required to complete the transaction will be given.

For advertising and research purposes, visitor and customer information such as purchase information may be statistically aggregated and reported to advertisers. No personal information i.e. name, credit card information will be given.

Your date of birth and gender are; subject to your consent, used for access and use of the website as well as competitions and special offers from Livdigital.

Other information:
- To compile non-personal statistical information about, click-patterns, access to Livdigital and browsing habits.
- To verify your identity
- To ensure that the goods are received by the correct person

The information collected either electronically by using cookies or is provided by you. Through your browser you can determine software tags called cookies. With this information we customise the service we offer you and to track your shopping cart.

You may elect not to receive any communications from Livdigital and/or its partners.

Livdigital owns and retains all rights to non-personal statistical information collected and compiled by Livdigital.

The owners of this site adhere to a strict privacy policy for the protection of our users.

We guarantee that personal information provided by the user will be employed solely for the purpose of providing any service that the user has requested.

We guarantee that no user data, personal or otherwise, will ever be passed to external agencies or third parties for any reason unless required by law.

Please note that this site advertises on third party sites through Google AdWords, and Google may use cookies to serve ads based on your visit to this site.

You may opt out of seeing ads for this site by visiting the http://www.google.com/privacy_ads.html

 

Security

Any person or persons, delivering or attempts to deliver any damaging code to Livdigital/LivdigitalNews/Livdigital Independent or any other affiliated website or attempts to gain unauthorised access to any page on the above mentioned website will be prosecuted and in the event of any damages or loss civil damages will be claimed.

In order to use the Livdigital website, you agree to the terms and conditions and warrant that your log-in name and password shall:
Be used for your personal use only; and
Should you be purchasing on behalf of your company that you are authorised to do so
Not be disclosed to any third party.

You allow Livdigital to take all steps necessary to ensure the integrity and security of the Website and back-office applications.

Changes to Agreement

Livdigital may, in its sole discretion, make changes to these Terms and Conditions or any part thereof at any time with or without notice. It is the responsibility of the user /visitor to the website to see if any amendments have been made. Should you not accept the Terms and Conditions you should refrain from using the website or placing any orders via the website.

It is your responsibility to visit the Website to see whether the TERMS AND CONDITIONS have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way.

Disputes

Should there be a dispute between you and Livdigital:

In the event of any dispute of any nature whatsoever, covered in the TERMS AND CONDITIONS and not resolved by Livdigital’s customer service, such dispute may then be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg or Pretoria in English.

Domicilium

Livdigital chooses as its domicile citandi et executandi (i.e. its address) for all purposes under these TERMS AND CONDITIONS, for all documents or communication of any nature, the following address:

89 Gazelle Avenue, Midrand

Term and Termination

The TERMS AND CONDITIONS will commence from date of publishing on the Livdigital website and continue indefinitely. They may be amended by Livdigital at their discretion for the duration of the website and it’s functioning, Livdigital can close/shut down the website at their sole discretion.

Copyright and Intellectual Property Rights

All content included on this web site, such but not limited to, text, graphics, logos, hyperlinks, button icons, images, audio clips, Trademarks, databases and software, is the property of Livdigital or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Livdigital and protected by South Africa and international copyright laws. Without derogating from the above, Livdigital authorises you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that: Such content is used for information purposes only; Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another. Any reproduction of material from this website or portion thereof must include this notice in its entirety including the TERMS AND CONDITIONS.

 

Framing, Spiders & Crawlers, hyperlinks

No person, business or  website may link Livdigital without written consent from Livdigital other than registered e traders with Livdigital

All Hyperlinks on this Website are provided as is, Livdigital does not necessarily agree with, edit or sponsor the content of said web pages.

Spiders and Crawlers

Without the prior written permission of Livdigital, no-one – including individuals, businesses or web sites - has the right to use any technology to search for or gain any information from this Website.

Company Information

Full name: Livdigital (Pty) Ltd, registered in South Africa, registration number 2012/043746/07
Main business: Online retailer
Address for receipt of legal service: 89 Gazelle Avenue, Midrand.
Webmaster: info@livdigital.co.za Website:www.livdigital.co.za

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