Terms & Conditions

Terms and conditions of supply for any products or services

Last updated: Oct 2020

These are the terms and conditions of supply for any Products or Services (as defined below) purchased through the website at http://dixonodonoghue.ie/ (our “Website”). Please read them carefully because they form a legal agreement between you and us in relation to your purchase of any Products or Services via our Website.

Important notice: Our Products and Services are for ROI & UK business use only, and not for Consumers, or individuals under 18 years of age.

1. Who we are

We are Trapique Ltd., a limited company registered in Ireland under company registration number 667578 with our registered office address at Dunfierth, Enfield, Co Kildare. Our VAT number is 3653098SH

Please see our Contact section for more information on how to contact us.

2. What these Terms are about

These Terms apply to any purchases of Products or Services via our Website. By placing an Order (see how to do this below) or by clicking to accept these terms on our Website you agree to these Terms. If you do not agree to them you should not place any Orders through our Website.

The most current version of these Terms is dated above but we may change them from time to time without giving you notice, so you must read these Terms every time you place an Order through our Website. The Terms published on our Website at the time you place your Order will apply to your Order unless we notify you of a change to these Terms before we have accepted your Order, or we are obliged to make a change to these Terms, for example, as a result of changes to the law.

3. What some words in these Terms mean

In these Terms we use certain words to add clarity. Where you see one of the words below in these Terms, it has the meaning set out below.

  • “Acceptance” means an Electronic Communication from us accepting your Order and “accepted” will be interpreted in the same way;
  • “Consumer” means a person acting for purposes which are outside his or her business;
  • “Contract” means the binding legal contract between you and us for the licensing of Software and/or the sale of other Products and/or the supply of any Services, as set out in section 4 below;
  • “Electronic Communication” means an electronic communication between you and us by fax or email;
  • “Order” means your contractual offer to buy Products or Services from us by placing an order through our Website;
  • “Products” means our Software and other products as set out in the Sage Store from time to time;
  • “Terms” means these standard terms and conditions for our supply of Products and/or Services;
  • “Services” means the services as set out in the Sage Store from time to time;
  • “Sage Store” means the shop on our Website;
  • “Software” means our licensed software products as set out in the Sage Store from time to time; and
  • “Specific Terms” means terms which apply specifically to the Products (such as those in a software licence) or Services, and which are separate from these Terms.
    • 4. Buying Products/Services through our Website – Sage Store
    About you

    Our Website allows you to buy Products and Services. As you might expect, the Products and Services on our Website are not intended for everyone and we rely on you to check you are eligible to buy the Products and Services and that the Products and Services meet your specific needs before you place any Orders. By placing an Order through our Website, you are representing that:

    • you are legally capable of entering into binding contracts;
    • you are at least 18 years old;
    • you are resident in the ROI &UK.
    • if you are an individual placing an Order on behalf of a business or an organisation, you are authorised to place the Order on their behalf.
    How to buy Products and Services

    The steps you need to take to conclude a Contract with us are:

    (A) Check variable information, such as prices

    We will display on our Website certain variable information which you will need to know before you place your Order, such as the range and descriptions of Products and Services and their current prices. This information may also be available outside of our Website, for example, in printed documentation or supplied over the telephone by our sales staff.

    Please note that this variable information is known as an “invitation to treat” and not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without any liability to you. You understand that sometimes errors can occur and so we will not be contractually bound to supply you with Products or Services on the basis of incorrect information, even if that information is repeated in your Order. Please see section 6 for more information about prices and how to pay.

    (B) Make sure you read and understand our terms

    These Terms, our Terms of Use and Privacy Policy along with any Specific Terms that are available on our Website, apply to your use of our Website and to any Orders you place via our Website. Please ensure you read these documents carefully so you understand what you are agreeing to before you use our Website and/or place your Order. If you have any concerns, you should contact us and we will do everything we can to help. Please note these Terms will take priority over and exclude any other terms and conditions you try to impose.

    (C) Complete your Order

    Please select the Products and/or Services you wish to buy, tell us how you wish to pay, and give us any other information we request to enable us to fulfil your Order. We can only act on the information you provide to us, so please ensure that all information you provide to us is correct.

    You may pay for your Products and/or Services online by credit or debit card.

    The credit and debit cards we accept are set out on our Website. If you choose to pay by credit or debit card, we will charge it when you place your Order (see below) and we will check to see whether the transaction is authorised. Our payment card processor may contact you to confirm that your payment has been authorised; this is not an Acceptance of your Order (see below).

    Where you pay by debit or credit card, we will send you a copy invoice for your records.

    When you have completed your Order, you will be shown a copy of your Order on screen. You must check your Order carefully to identify any errors and correct them prior to placing your Order. Our Website allows you to cancel any draft Orders, and to edit any details of your Order. Once you have finished checking and (if necessary) correcting your Order, please print out a copy of the Order before you place it. This is for your own records and will help you if you need to contact us about your Order.

    (D) Place your Order

    You may place your Order by clicking on the “Place order” button.

    We will acknowledge receipt of your Order on our Website and by email, as soon as reasonably possible after you have placed your Order. This is not our Acceptance of your Order, but a confirmation that we have received your Order. You now need to wait for our Acceptance of your Order (see below).

    (E) Wait for our Acceptance of your Order

    After you place your Order through our Website we will send you an email to confirm your Order. This email is an acknowledgement of receipt of your Order.

    You may receive an acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to authorisation of your payment only and is not our Acceptance of your Order.

    Please note that we are entitled to refuse to accept any Order. If that happens, we will let you know as soon as we can.

    Once we have entered into a Contract with you as explained above, we will supply you with the Products and/or Services that you specified in your Order in accordance with the terms of the Contract.

    5. Other things you need to know about the Contract

    We can only conclude a Contract with you in English and not in any other language.

    The Contract between us will consist of (1) these Terms (including our Privacy Policy); (2) any Specific Terms (if relevant); (3) your Order; and (4) our Acceptance (which is only given in exchange for your payment of the price (see section 6 below)). There will only be a Contract if all these elements are present. If there is any conflict between these Terms and some of the other documents that form part of the Contract, they will apply in the following order of priority:

    • Specific Terms;
    • These Terms;
    • Terms of Use.

    The Products and/or Services we supply to you will be subject to any restrictions set out on our Website or in the Contract. If we provide you with a Service via our Website, you must abide by our Terms of Use and any other applicable terms on our Website.

    We will not file the concluded Contract between us online, so you should print out and keep copies of each element of the Contract for your own records. A copy of any Specific Terms will be made available to you with the relevant Product or Service.

    6. The price of the Products and Services and how to pay

    The price of the Products and Services will be as set out on our Website from time to time, except in the case of error. All prices are calculated in EURO and will be confirmed to you in our Acceptance of your Order.

    The prices on our Website are exclusive of VAT. Your Order will show VAT as a separate item and as included in the total price.

    Subject to our obligation to supply the Products and Services at the price stated in a Contract, we reserve the right at any time to increase the prices of the Products and Services and to change the range of Products and Services available. We will try to give you as much notice as we can of changes to the range and any increase in prices.

    Our Website contains a number of Products and Services and it is always possible that, despite our best efforts, some of the Products or Services listed on our Website may be incorrectly priced. We will normally verify prices as part of our Acceptance procedure so that, where a Product or Service’s correct price is less than our stated price, we will charge the lower amount when accepting your Order and dispatching the Product to you (if applicable). If a Product or Service’s correct price is higher than the price stated on our Website, we will normally either contact you for instructions before sending the Product or supplying the Service to you, or reject your Order and notify you of our rejection. We are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you our Acceptance, if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing.

    7. Returns and cancellations

    We want you to be completely satisfied with the Products or Services you order from our Website. If you need to speak to us about your Order, then please contact us directly. You may cancel an Order that we have accepted or cancel the Contract or return Products to us in accordance with our Returns Policy. If any Specific Terms accompanying the Product or Service contain terms about returning the Product or Service, the Returns Policy in the Specific Terms will apply.

    Our rights to cancel

    We may cancel your Order and any Contract if you:

    • are from outside the ROI & UK; or
    • are either not able or not authorised to enter into a Contract with us (see section 4 above).
    • if we wish to cancel your Order and any Contract for Products or Services, we will contact you first to discuss this.

    9. Handover of responsibility for and ownership of the Products and Services

    Intellectual property rights are, in summary, the rights an owner has to say how certain things like music, films and software may be used. You acknowledge that we (or our licensors, as applicable) own the copyright and any other intellectual property rights in the Products and Services. You may only use the Products and Services in accordance with the Contract and you are not granted any other right or licence in relation to the intellectual property rights in the Products and Services. If a third party successfully claims that our Products or Services breach that third party’s intellectual property rights, we will be entitled to replace the Products (or the part in question), re-supply the Services free of charge or, at our discretion, refund to you the price of the Products or the Services (or a proportionate part of the price), but we are not accountable to you in any other way. In particular, we will not be responsible for any defects or intellectual property rights claims arising from your customisation of the Products or Services or your other instructions.

    10. Third party Products and Services

    Please note that in some circumstances, we accept Orders for Products or Services as resellers of third party Products and Services. The contract to use those third party Products or Services will be between you and that Third party seller, not between you and us, and will be subject to their terms and conditions. They will advise you of the applicable terms and conditions directly, usually when you install or first use their Products or Services. You should read those terms and conditions carefully to check you understand and can comply with them.

    We may also provide links on our Website to the websites of other companies. We do not control those companies and so we cannot promise that Third-party Products and Services which you purchase through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and we do not give any promise about those companies or their Products and Services. We will notify you when a third party is involved in a transaction, and we may disclose your information related to that transaction to the third-party seller.

    11. Confidential information

    Please be aware that, with the exception of credit card numbers and the information we specifically request of you to enable us to enter into a Contract with you, we do not wish to receive any information of a confidential or proprietary nature from you through our Website. Any such information you send to us will be deemed by us not to be confidential in nature and you will have granted us an irrevocable licence to use, display, modify, transmit or distribute such information in any manner we decide. To learn more about how we deal with personal information, such as names and addresses, see our Privacy Policy.

    13. Events outside our control

    Sometimes things happen that are outside our reasonable control, for example, acts of God, adverse weather conditions, strikes and industrial action and failure of our suppliers. Because these things are outside our reasonable control, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by such events. Our performance under any Contract will be suspended for the period of time over which the event occurs and we will have an extension of time for performance for the duration of that period of time. We will, of course, try to find a solution to help us to perform the Contract wherever possible.

    15. General

    These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, relating to the subject matter of any Contract. You and we acknowledge that, in entering into a Contract, neither you or we rely on any statement, representation, undertaking or promise of any person (“Representation”), except as expressly stated in these Terms. Both you and we agree that the only rights and remedies available to you and us arising out of or in connection with any Representation, will be for breach of contract as provided in these Terms, although this does not limit or exclude any liability for fraud.

    Any notice which is given under these Terms or a Contract will be given either by Electronic Communication (which, if the notice is given by us, includes by posting notices on our Website), or if by you, by pre-paid recorded delivery, addressed to us at the address in these Terms (see section 1 above) and, if by us, by first class post addressed to you at the address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only and, if to us, addressed to our Legal Team.

    Any Electronic Communication, including your Order, our acknowledgement of receipt of your Order and our Acceptance, will be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.

    If a court or other competent authority rules that any of these Terms or the provisions of a Contract are void or unenforceable in whole or part, the other Terms or provisions of the Contract and the remainder of the void or unenforceable Term or provision of the Contract will still be valid.

    If we fail to exercise or delay in exercising a right or remedy provided by these Terms or by the Contract or by law, that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future.

    Any Contract is binding on you and us and on our respective successors or assigns. You may not transfer a Contract, or any of your rights or obligations arising under it, to any other person without our prior written consent. We may transfer a Contract, or any of our rights or obligations arising under it, to any other person at any time during the term of the Contract.

    We may perform any of our obligations or exercise any of our rights ourselves or through any third-party provider.

    A person who is not a party to these Terms or a Contract will have no right in relation to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

    If you are a Consumer, your statutory rights are not affected by these Terms or the terms of a Contract.

    These Terms and any Contract will be governed by and construed in all respects in accordance with Irish law. We and you agree that the Irish courts will have exclusive jurisdiction to settle any claims or proceedings relating to these Terms and any Contract or its subject matter.

    Thank you for using our Website to purchase Products or Services.