Terms and Conditions of Sale

1.1The website datadirect.ie (the Website) is operated by Data Direct (2000) Limited, a company registered in the Republic of Ireland under company number 297401, with its registered office at 6 Fern Road, Sandyford, Dublin, D18 FP98 and VAT number IE8297401A (Data Direct, we, us).

1.2These Terms apply to every order placed through the Website and to any other sale of Products by Data Direct, and exclude any terms proposed by the Customer, unless we agree otherwise in writing.

1.3We may update these Terms from time to time. The version on the Website when you place your order applies to that order.

2.1In these Terms: Affiliate means any entity that controls, is controlled by, or is under common control with a party (control meaning more than 50% ownership, or the ability to direct its management or legal affairs); Business Day means Monday to Friday, excluding public holidays in Ireland; Contract means the agreement between Data Direct and the Customer formed under clause 4; Customer or you means the business placing the order; EULA means the licence or other terms of a manufacturer, publisher or vendor for Software; Order means an order placed on the Website, a signed quotation, a purchase order, an email instruction or other written acceptance; Products means hardware, software, licences, documentation or other goods supplied by Data Direct; Software means software supplied physically or electronically, including licences and activation keys; VAT means value added tax or an equivalent sales tax.

2.2Headings are for convenience only. "Writing" includes email. "Including" means "including without limitation".

3.1The Website is for business customers. You must provide a valid VAT number, your company details, a delivery address (including the Eircode), a phone number and an email address.

3.2By placing an order you confirm that you are acting for purposes relating to your trade, business or profession, and that the information you provide is accurate and complete.

3.3We may check the information you provide and may cancel and refund any order that does not meet these requirements, including orders that appear to be placed by consumers.

4.1Product listings, prices and quotations on the Website are an invitation to treat, not an offer. Quotations are valid until the end of the calendar month in which they are issued, unless stated otherwise.

4.2Your Order is an offer to buy the Products on these Terms. You are responsible for checking that your Order is correct, including the Products, quantities and delivery details, and that the Products are suitable for your purposes.

4.3After you pay, we will send you an email confirming that we have received your Order. This confirmation does not mean that we have accepted it.

4.4The Contract is formed when we accept your Order in writing, dispatch the Products, or otherwise confirm that we will fulfil the Order, whichever happens first.

4.5We may refuse or cancel an Order before it is accepted, for example if a Product is no longer available from our suppliers, if our supplier's price has increased significantly since you ordered, if there is a pricing error (clause 6.4), if the requirements in clause 3 are not met, or if we suspect the Order is fraudulent. If we do, we will tell you and refund any amount you have paid in full.

4.6We may limit the quantity of any Product that can be bought in a single Order or by a single Customer, in particular for promotional offers.

4.7Once an Order has been accepted, it can only be changed or cancelled with our written agreement.

4.8If there is any conflict, the following order of precedence applies: (1) any applicable EULA or vendor pass-through terms; (2) the Order or quotation; (3) these Terms.

5.1Product descriptions, specifications, images and stock information come largely from manufacturers and distributors. We take care to keep them accurate, but images are for illustration only and minor differences may occur. Manufacturers may change specifications without notice.

5.2Prices and availability are updated regularly from our suppliers and may change at any time. Showing a Product as in stock does not guarantee that it will still be available when your Order is processed.

5.3If a Product becomes unavailable after you have ordered it, we will contact you to offer a suitable alternative or to cancel the affected part of the Order and refund the amount paid for it.

6.1Prices are in euro (EUR). Prices are shown with or without VAT, as indicated on the Website.

6.2Delivery charges are shown at checkout before you pay. Unless stated otherwise, prices do not include insurance, customs duties or similar charges.

6.3The price payable is the price shown when you place your Order, subject to clause 6.4. Where Products are sourced in another currency, prices may reflect exchange rate movements up to the time the Contract is formed.

6.4Pricing errors. Prices are set automatically from supplier feeds and, despite our efforts, some Products may be shown at an incorrect price. If the correct price is higher than the price shown, we will contact you before accepting the Order to ask whether you wish to go ahead at the correct price, or cancel it and refund you in full. If a pricing error is obvious and could reasonably have been recognised as such, we may cancel the Order even after it has been accepted, and refund any amount paid. If the correct price is lower, we will charge the lower price.

6.5Promotions. Promotional prices and offers are valid for the period stated or while stock lasts, and may be withdrawn at any time. They cannot be combined with other offers unless stated.

6.6Bundles. Products sold together as a bundle are sold at a single bundle price. The discount applies only when the bundle is bought as a whole.

7.1Orders placed on the Website must be paid in full at checkout by card or by any other payment method shown at checkout. Payments are processed by our payment provider, Stripe; we do not see or store your full card details.

7.2Where we have agreed in writing to supply on credit, invoices are payable within 30 days of the invoice date, without set-off, counterclaim or deduction. Any dispute about an invoice must be notified in writing within 7 days of receipt, stating the reasons and the amount disputed; undisputed amounts remain payable.

7.3We may charge interest on overdue sums at the lower of 4% per annum above the European Central Bank main refinancing rate and the maximum rate permitted by law, accruing daily until payment. We may set, change or withdraw credit limits, require advance payment, and suspend deliveries if undisputed amounts are not paid when due.

8.1VAT is charged at the rate that applies to your order, based on the delivery address and, where relevant, your VAT number.

8.2The email confirming your Order and your payment receipt are not VAT invoices. We will email you a VAT invoice once the Products have been dispatched.

8.3Where withholding or similar taxes apply, you must gross up your payment so that we receive the full invoiced amount.

9.1We currently deliver to addresses in the Republic of Ireland. We may extend this to other areas and will show them at checkout. Delivery charges and estimated delivery times are shown at checkout.

9.2Products are delivered to the address in your Order, by third-party carriers and often directly from our suppliers' warehouses. Please make sure the address, Eircode and phone number are correct, as carriers may need to contact you.

9.3Delivery dates are estimates only, and time of delivery is not of the essence. We may deliver an Order in instalments and invoice them separately.

9.4If delivery cannot be completed because of incorrect details or because no one is available to receive it, we may charge you any additional delivery or return costs.

10.1Risk of loss or damage passes to you on delivery, or when delivery is attempted if you prevent it.

10.2Title to the Products passes to you only when we have received payment in full for them and for all other sums you owe us. Until then, you must store the Products separately and clearly identified as our property, keep them adequately insured, and not pledge or encumber them. If payment is overdue, we may require the return of the Products and, on reasonable notice, enter your premises to recover them.

11.1You must inspect the Products as soon as they are delivered. Visible damage, missing items or packaging problems must be noted on the carrier's delivery documentation and reported to us in writing within 48 hours of delivery.

11.2If you have not received your Order, you must tell us in writing within 5 Business Days of the estimated delivery date.

11.3Hidden defects must be reported to us within 7 days of discovery.

11.4If you do not report a problem within these timeframes, the Products are treated as accepted, without affecting any manufacturer warranty.

12.1No return without approval. No Product may be returned without our prior written approval and a returns authorisation (RMA) number. Returns are also subject to the relevant manufacturer's returns and dead-on-arrival (DOA) policies.

12.2Faulty Products. If a Product is faulty on arrival, please contact us within the timeframes in clause 11. We will deal with it under the manufacturer's DOA or warranty procedure, which may mean repair, replacement or a refund, or referring you to the manufacturer directly.

12.3Products ordered by mistake. We are not obliged to accept the return of Products that are not faulty. If we agree to it, the request must be made within 5 Business Days of delivery, the Products must be unused, in their original sealed and unmarked packaging and in resalable condition, and they must be returned within 5 Business Days of the RMA being issued. Products that have been opened, or whose manufacturer seal is broken, cannot be returned unless they are faulty.

12.4Charges. Approved returns of non-faulty Products are at your cost and may be subject to a restocking fee, which we will confirm when we issue the RMA, and to the original and return delivery charges.

12.5Exclusions. Software, licences and activation keys (including those delivered physically, for example a key in a box), and Products ordered specially for you or configured to your specification, cannot be returned or refunded unless required by law.

12.6Bundles. A bundle can only be returned as a whole. If we agree to the return of part of a bundle, the credit will reflect the individual price of the items kept.

12.7Returned Products in transit. Returned Products remain at your risk until we, or our supplier, have received and accepted them. Please use a tracked and insured delivery service and keep proof of postage.

12.8Refunds. Refunds are made to the original payment method, with a credit note, once the returned Products have been received and checked. Credit for returned Products will not exceed the price you paid for them. Refunds to cards can take several Business Days to appear, depending on your bank.

13.1Data Direct is not the manufacturer of the Products. Products may be covered by the manufacturer's warranty, the benefit of which we will pass on to you where permitted. We are not responsible for the manufacturer's performance of its warranty.

13.2Warranty does not cover fair wear and tear, misuse, negligence, abnormal conditions, failure to follow instructions, or alteration or repair without approval.

13.3To the fullest extent permitted by law, we give no warranties other than those expressly set out in these Terms, and all implied warranties, including as to satisfactory quality and fitness for purpose, are excluded.

14.1Software is licensed, not sold, and is subject to the applicable EULA, which you agree to comply with. You must not copy, modify, reverse engineer or otherwise interfere with Software except as permitted by law or the EULA. Software is supplied "as is", subject to the EULA.

15.1Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.

15.2We are not liable for indirect or consequential loss; loss of profit, revenue, business, goodwill or anticipated savings; or loss or corruption of data.

15.3Subject to clause 15.1, our total liability under or in connection with a Contract will not exceed 125% of the price paid or payable for the Products giving rise to the claim.

16.1We are not liable for any delay or failure to perform caused by events outside our reasonable control, including natural events, fire, flood, epidemic, war, terrorism, government action, import or export restrictions, strikes, carrier delays, supply shortages or failures of our suppliers' or service providers' systems.

17.1Each party will comply with applicable data protection laws, including the GDPR and the Data Protection Act 2018.

17.2We use the details you give us to process and deliver your Order, take payment, issue invoices and provide support. To do this we share the necessary details with our suppliers, carriers and payment provider. Further details are in our Privacy Notice.

18.1You must comply with all applicable laws, including anti-bribery and anti-corruption laws. Products may be subject to the export control laws of Ireland, the UK, the EU and the US, and some manufacturers restrict distribution to the UK, the EU and the EFTA countries. You must not export, re-export or resell Products in breach of these laws or restrictions.

19.1Either party may terminate a Contract immediately by written notice if the other fails to pay undisputed amounts within 10 Business Days of notice, commits a material breach not remedied within 10 Business Days of notice, or becomes insolvent or subject to analogous proceedings. On termination, all outstanding sums become immediately due, and clauses intended to survive termination continue in force.

20.1Assignment. You may not assign or transfer a Contract without our prior written consent. We may assign a Contract to an affiliate on notice.

20.2Confidentiality. Each party will keep confidential all non-public information received from the other and use it only to perform the Contract.

20.3Entire agreement. The Contract is the entire agreement between us and supersedes all prior discussions or agreements about its subject.

20.4Severability and waiver. If any provision is held invalid or unenforceable, it will be severed and the rest will remain in force. A failure or delay in enforcing any right is not a waiver of it.

20.5Notices. Notices must be in writing and may be sent by email to the addresses in clause 22, or to the address you give us in your Order.

21.1The Contract is governed by the laws of Ireland, and the courts of Ireland have non-exclusive jurisdiction.

22.1Questions about an order, returns or these Terms: sales@datadirect.ie · +353 1 296 1000 · 6 Fern Road, Sandyford, Dublin, D18 FP98, Ireland.