FORGOT YOUR DETAILS?

Terms & Conditions

AMPHIBIA Terms and Conditions for the Sale of Goods/ Privacy policy / Shipping

  • Definitions and interpretationIn this Agreement “we” means AMPHIBIA and “us” and “our” shall be construed accordingly; and “you” means the relevant customer or potential customer as the case may be and “your” shall be construed accordingly.

    In this Agreement, the following definitions shall apply:

    “Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including copyright, moral rights, performers’ rights, performers’ moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;

    “Order” means your order for Products made via the Site;

    “Products” means goods which may be purchased by you from the Site;

    “Site” means the website at amphibia-sport.com

 

  • This AgreementThe advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order.

    In order to enter into this Agreement with us, you will need to take the following steps:

    • Confirm your details in the personal information section;
    • Confirm your Order and your consent to the terms of this Agreement;
    • You will be transferred to Pay Pal who will securely handle your payment;
    • We will then email you an Acknowledgement of purchase (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order and refund your payment.”Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records.

      The only language in which we offer this Agreement is English.

      Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your Order.

 

  • About us
    • Our name is AMPHIBIA
    • Our trading address is Holywell Court, Feltrim Road, Swords, Co Dublin.
    • Our email address is info@amphibia-sport.com
    • Our telephone number is (+353) 14446754
    • Our VAT number is IE 4153654P

 

  • The ProductsThe Products refers to all products currently displayed for sale on our web site.

 

  • Price and paymentPrices for Products are quoted on the Site and include VAT.  It is always possible that some of the Products listed on the Site may be incorrectly priced.  Additionally there may be an error within the Paypal payment system, however if any such errors arise you will be notified by email and given a refund of the difference in regard to overcharging, or the option to pay the correct amount or cancel payment in regards to undercharging. Of course we will endeavour to ensure that incorrect prices are a.) very rare b.) corrected within 48 hours of notification.

    In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when you pay for the Product.

    Payment must be made before Products are dispatched. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds.

    The prices on the Site include any value added tax (where applicable).

    Payment for all Products must be made by any method detailed on the Site from time to time.

    Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force.

 

  • DeliveryWe will arrange for the Products to be delivered to the address for delivery indicated in your Order.

    We will use reasonable endeavours to deliver Products within 10 working days of the order. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of payment otherwise you will be offered a full refund of any payment.

 

  • Risk and titleThe Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).

 

  • Consumer rights You may cancel this Agreement at any time within 30 working days of your order.

    If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in saleable condition. Products returned by you within the 30 working day period referred to above will be refunded in full (excluding the cost of sending the Products to you). You will be responsible for paying the cost of returning the Product to us.

    If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so. Similarly, if you return the Products at our expense, we may pass that expense on to you.

 

  • Defective ProductsProducts returned by you because of a genuine and substantial defect will, at our discretion, be repaired or replaced, or if a satisfactory repair is not possible and an acceptable replacement is not available, the purchase price will be refunded in full, including the cost of sending the Products to you and the cost of returning the Products to us. Alternatively, if we and you agree, we may supply you with a substitute Product.

 

  • RefundsIf you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.

 

  • WarrantiesWe warrant to you that any Product you purchase through the Site will be of satisfactory quality.

    You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement.

    Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.

 

  • Limitations of liabilityNothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

    Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.

 

  • General termsImages of Products on the Site are for illustrative purposes; actual Products may differ from such images.

    We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy.

    This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you.

    If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

    No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.

    You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement.

    This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.

    This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

    This Agreement will be governed by and interpreted in accordance with the laws of the Ireland, and the Irish courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.

Privacy Statement

Introduction

We take our customers privacy very seriously. When you place an order with us, we will request that you provide some personal information which is necessary to process your order.

We respect your right to privacy and comply with our obligations under the Data Protection Acts 1988 and 2002. The purpose of this Website Privacy Policy is to outline how we deal with any personal data you provide to us while visiting this website. Naturally, if you are not happy with this Website Privacy Policy you should not use this website.

By visiting this website, you are accepting the terms of this Website Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

 

Types of Information Collected

We retain two types of information:

“Personal Data”

This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised, telephone number, birth date and billing and credit card information. Such information is only collected from you if you voluntarily submit it to us.

“Non-Personal Data”

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website.

 

Purposes for which we hold your Information

Non-Personal Data:

We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.

 

Cookies

This website uses “cookie” technology. A cookie is a little piece of text stored by the browser on your computer, at the request of our server. We may use cookies to deliver content specific to your interests and to save your personal preferences so you do not have to re-enter them each time you connect to our website – our cookies are not available to other websites. Our cookies will record the following: your IP gateway address, the point of entry to the site, search terms used, your navigation through the site and other information that helps us make the site more accessible. You are always free to decline our cookies, if your browser permits, or to ask your browser to indicate when a cookie is being sent. You can also delete cookie files from your computer at your discretion. Note that if you decline our cookies or ask for notification each time a cookie is being sent, this may affect your ease of use of this website.

 

Personal Data

We will process any Personal Data you provide to us for the following purposes:

  • to provide you with the goods or services you have ordered;
  • to contact you if required in connection with your order or to respond to any communications you might send to us;
  • to send you further information about goods or services that you buy from us

Disclosure of Information to Third Parties

We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties

We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your order (in such circumstances, the third party is bound by similar data protection requirements). We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.

 

Sale of Business

We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

 

Security

Your Personal Data is held on secure servers hosted by Irish Domains. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data.

 

Updating, Verifying and Deleting Personal Data

You may inform us of any changes in your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2002 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please email us with a request to the email address at the foot of this site. Any such data subject requests may be subject to the prescribed fee.

 

Changes to the Website Privacy Policy

Any changes to this Website Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use Personal Data in a manner significantly different from that stated in this Website Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.

SHIPPING

Ordering on-line

Ordering on-line with AMPHIBIA is designed to be quick and easy. The whole process should take absolutely no longer than 5 minutes and its also 100% secure through Paypal payment systems. If you have any questions before you buy, do not hesitate to call us.

To help ensure prompt delivery of your order we recommend a work address where possible – if a work address cannot be used please use one where you will be present to accept and sign for your delivery.  Delivery times are generally between 9am – 5pm so you need to organise delivery where there will be someone present during these hrs. Please note, as we do not deliver the orders ourselves we cant fullfill special order requests (leave next door/leave in garage etc) as we cannot ask the courier to do this and for security reasons cannot write any messages on the package.

 

What are the Shipping Options?

Currently we only ship to Ireland & UK.  If you have any requests outside these territories or for bulk orders please contact us and we will deal with individually if possible.  We endeavor to ship your order to you within 5 working days. In the event of an item from your order being out of stock we will contact you by email and let you know.

 

How Do I Know When My Order Has Been Shipped?

Once we have shipped your order you will receive an automated email to the email address you provided on your registration form. You should expect to receive your order within 1-2 working days of this (Republic of Ireland Only). If you do not receive your order within this timeframe please contact us directly so that we can track your order for you.

 

What happens if I am not there to sign for my order?

All orders must be signed for by the recipient. In the event that you are not present to accept delivery an attempted delivery docket will be left (please check through any junk mail you may receive). Your order will be brought to your local sorting office and held for collection for 7 days. If it is not collected within this time period it will be returned to us (please note that this may take a number of weeks to come back) and you will be notified by email. Please note you will be liable for return shipping costs where we have to resend or redirect a parcel to you.

RETURNS & EXCHANGES

In the event of a return please read the Returns Policy below before you ship your garment – failure to adhere to the correct returns procedure will cause delay.

 

Returning an unwanted item

Each customer is entitled to a 7 day grace period to return an unworn/unopened item for a full no questions refund. We will refund your card once we have received and processed the item.

We will only refund delivery/postage costs if the return is a result of our error.

* We cannot refund an item if it is returned after the 7 day grace period.

If an item returned is found to be ineligible for return/refund/exchange for reasons stated within these terms, the customer will be responsible for the shipping costs we incur to send the item back.

 

Can I return a Sale, Clearance or End Of Line item

Sale, clearance or end of line items cannot be returned or exchanged for any reason other than fault with the garment as the item has been reduced in price to clear.

 

How to send your item back

Returns should be folded and packaged in a manner that protects the item. Please take care to return the garment to us in the same manner that you would return an item to a high street store. Please understand that the item you return must be eligible for resale. We reserve the right to assess any damage incurred during return shipment and to refuse such items if necessary.

We cannot accept returns that smell strongly of smoke, body odour, aftershave/cologne, perfume, cooking/food or stained with make up. We will not accept returns or exchanges for any item that has been washed in any way, dryed in a dryer, or damaged in any way.

Please keep your invoice if you would like to exchange an item. If you require a refund or exchange for any reason you must return the item in all it’s packaging, along with your original purchase invoice (keep a copy for yourself) and a brief note explaining who you are and why you are returning the item and it will be dealt with as soon as possible. It is best to keep your purchase invoice apart from your return item to avoid any ink transference from invoice onto garment in cases where the package may get wet which would render your return ineligible.

 

What are the return shipping costs?

Shipping costs on any non-damaged or non-flawed returns will be the responsibility of the customer.

Important: We cannot accept personal cheques, franked or any prepaid self addressed envelopes as payment for return shipping costs. Please do not send this method of payment as it will cause a delay in dealing with your order.

How long will it take to process my return?

Returns / exchanges can take up to two weeks to process though we will always endeavour to see to them in the shortest possible time.

TOP Real Time Analytics