Preamble

The present general conditions of sale govern all sales concluded between :
– the company Ephemera, SARL registered at the RCS of Annecy under the unique identification number 424 085 306 whose head office is chemin des bruyères 74 410 Saint-Jorioz (the “Seller”), and
– any person (the “Buyer”) placing an order on the website www.fieldandfish.com (the “Site”).
The Seller and the Buyer (the “Parties”) agree that their relations will be governed exclusively by the present general conditions of sale as visible on the Site at the time of the order.

Article 1 – Purpose

The purpose of these general terms and conditions of sale (the “Conditions”) is to define the rights and obligations of each of the Parties in the context of sales concluded between them on the Site.

The Conditions apply without restriction or reservation to all products offered on the Site (the “Products”), whatever the nature of these Products, including all virtual products (such as online downloads, etc.).

The Buyer declares prior to his order to have full legal capacity to validly commit himself under these Terms.

The fact that the Buyer orders one of the Products implies his full and complete acceptance of the Conditions, which he acknowledges having read prior to his order.

By accepting the Conditions, the Buyer acknowledges that he/she has been fully informed of his/her rights and obligations as well as of the terms and conditions of the sale that he/she intends to conclude with the Seller and confirms that he/she accepts them without reservation.

The Seller may freely modify the present Conditions at any time. Nevertheless, such modifications shall only apply, unless expressly agreed otherwise by the Parties, to orders placed after the modified Conditions have been put online.

Article 2 – Access to the Site

The Buyer shall be personally responsible for the implementation of all technical means (computer and telecommunication) to enable him/her to access the Site.

The Buyer shall in particular remain responsible for all telecommunication costs (or any other costs) incurred by his access to the Internet and the Site.

Article 3 – Formation of the Sale

3.1 The Products

In accordance with Article L.111-1 of the French Consumer Code, the Buyer may, prior to placing an order, take note on the Site of the essential characteristics of the Product(s) he/she wishes to order.

For all the Products, the Buyer determines his or her choice both in view of the essential characteristics of the Products and in view of his or her personal specificities, in particular the size characteristics as specified in the size chart. The offers proposed by the Site are valid within the exclusive limit of available stocks. The Seller may modify its offer of Products at any time, according to the constraints linked to its supplies.

The photographs and graphics of the Products, as shown on the Site, are not contractual. Consequently, the impromptu modification of the graphic charter or the packaging of a Product, which has remained identical, shall not in any way affect the validity of the sale made on the Site or engage the responsibility of the Seller for this sale.

3.2. Prices

The sale prices of the Products, denominated in Euros, are those appearing on the Site at the time of the registration of the order by the Buyer (the “Prices”).

The Prices do not include the delivery costs, which are invoiced in addition. The delivery costs are indicated to the Buyer before the final validation of his order. They are also indicated in the appendix of this document

The Prices include the value added tax (VAT) applicable in France on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the Prices and re-invoiced to the Buyer.

Any duties, taxes or levies made payable by the sale and/or delivery of the Products to Buyer (in particular any customs duties or special VAT rate due to the country of delivery) shall be fully re-invoiced to Buyer.

Prices may be changed by Seller at any time. Nevertheless, unless expressly agreed otherwise by the Parties, the modified Prices shall only apply to orders placed after their posting on the Site.

Article 4 – Order

Any order implies the Buyer’s full and unconditional acceptance of these General Terms and Conditions of Sale. Any accepted and registered order will be confirmed by the Seller by e-mail. The sale will be considered final only after acceptance of the order by the Seller and receipt by the latter of the full Price.

Article 5 – Payment

5.1 Terms of payment

The payment of the Products is carried out with the order, under penalty of non-validation of the latter. This payment is made by credit card (Carte Bleue, MasterCard or Visa), paypal system, bank transfer and by sending a check to Ephemera.

5.2 Security of banking data

All confidential banking data communicated by the Purchaser for the needs of payment of the Products are directly collected by the financial partner of the Vendor, the Laydernier bank and its parent company, the Crédit du Nord, via its secure payment module and by means of duly encrypted and secure links to guarantee optimal security. The Seller does not have any direct access to these data, moreover covered by the banking secret.

Article 6 – Delivery – delivery costs

The Products will be delivered to the delivery address indicated by the Buyer during the ordering process. The delivery times are specified in the Annex hereto.

In the event of items being delivered on different dates due to their availability, the delivery time will be the longest. However, the Seller reserves the right to split deliveries and to modify the type of delivery if necessary.

In accordance with Article L.121-20-3 of the French Consumer Code, in the event that the delivery date is exceeded by more than thirty days and is not due to a case of force majeure, the Buyer may terminate the sale after having notified the Seller by registered letter with acknowledgement of receipt.

The denunciation of the contract will have to intervene in the fourteen working days as from the deadline of delivery.

The contract shall be terminated on the day of receipt of the registered letter by the Seller if delivery has not taken place between the sending and receipt of the letter.

Termination of the sale, under the terms of this article, obliges the Seller to reimburse all sums paid, including delivery costs, without undue delay and no later than fourteen days following the date on which he is informed of the consumer’s decision to withdraw.

The responsibility of the Salesman could not be sought if the non-performance or the bad execution of the contract is ascribable to the Purchaser, to a third party to the contract or to a case of absolute necessity.

Article 7 – Availability of Products

Any order shall remain subject to the condition of effective availability of the Products ordered, which the Buyer hereby declares to fully accept.

The Seller shall inform the Buyer as soon as possible of any unavailability of an ordered Product.

In accordance with the provisions of Article L. 121-20-3 of the French Consumer Code, the Seller may in this case provide a Product of equivalent quality and price to the Buyer. The costs of returning such a replacement product, in the event that Buyer exercises its right of withdrawal under Article 10 below, shall be borne by Seller.

If the Seller fails to exercise this right, the Buyer shall be reimbursed within thirty days of payment of the sums initially paid, without being eligible for any additional compensation of any kind.

Article 8 – Reception

Upon delivery of the Product(s), the Buyer shall carefully and immediately check the conformity of the Products to the order and their general condition (damaged or defective products).

Any refusal of goods can only occur within fourteen days following the receipt of the goods, the Buyer will then have to comply with the following return procedure during this fourteen day period:

– Complete the withdrawal form (downloadable in PDF format) available at the bottom of the page and return it by post to Ephemera SARL, ZAE de la Tuilerie, 139 route des Marais, 74 410 Saint Jorioz (postmarked). You will be contacted by our services to return your items.

The absence of reserve in the above-mentioned time will establish definitively the conformity of the delivered Products to those designated by the order.

If the non-conformity is indeed established, the Buyer will be sent a new shipment of conforming goods this time. If no conforming goods are available, Buyer will be refunded the total amount of his order, including shipping costs.

If the non-conformity is indeed established, Ephemera SARL may decide to reimburse the cost of returning the non-conforming product(s).

In order to be accepted for return, the Products must be returned with their packaging, accessories and instructions, undamaged

Article 9 – Returns

All defective Products or wrong size choice can be returned for exchange under the conditions described below. To be acceptable, the return must

– Intervene after having contacted the after-sales service of Ephemera SARL at 04 50 09 01 92

or by using the contact form

– The return is done by GLS, free of charge, for metropolitan France, subject to acceptance by the seller and on request.
– The return can also be done by colissimo addressed to Ephemera SARL, ZAE de la Tuilerie, 139 Route des Marais, 74 410 Saint Jorioz within the framework of the contact described above, as soon as possible once the defect is noted and, if the Purchaser is a professional, at the latest on the 15th day following the delivery date. The sendings carried out in port due will not be accepted. In this case, the expenses of return will remain with the load of the Purchaser.

In order to be accepted for return, the Products must be returned with their packaging, accessories and instructions, undamaged.

Article 10 – Right of Withdrawal

The present article 10 benefits exclusively to the Buyers deemed to be “consumers”, in the sense of the provisions of the Code of consumption – to the exclusion, correlatively, of any informed professional.

In accordance with article L. 121-20 of the French Consumer Code, the Buyer-consumer has a period of seven clear days from the date of receipt of the Product to return it at his own expense and obtain a refund

The Products must be returned to the Seller in perfect condition for resale, in their original state (packaging, accessories, instructions enclosed), duly sealed, and accompanied by the invoice corresponding to the purchase

Any incomplete, damaged, or damaged packaging Product will not be refunded or exchanged.

The exercise of the right of withdrawal will result in a cash refund, either by re-crediting the credit card entered at the time of the initial order, or by bank check. Shipping costs will be systematically reimbursed on the basis of the amount of shipping actually paid by the Buyer.

Subject to the respect of the conditions mentioned above, the returned Products must be sent by registered parcel with acknowledgement of receipt to the address Ephemera SARL, ZAE de la Tuilerie, 139 route des Marais, 74 410 Saint Jorioz accompanied by the invoice.

Article 11 – Reservation of ownership

The Products are sold under reserve of property.

Consequently, the Vendor retains ownership of the Products until full payment and collection of the price, as well as the costs, taxes and other duties (in particular all customs duties) applicable.

This clause does not prevent the transfer of risks of the Products to the Buyer as of the day of their delivery.

The Buyer undertakes, until full payment of the Price (and its accessories), not to transform, resell or pledge the Products, under penalty of immediate reclamation by the Seller, the costs and risks of the return of the Products sold being the exclusive responsibility of the Buyer.

Article 12 – Responsibility

The Products offered by the Seller are in accordance with the French regulations in force.

The Seller shall not be held responsible for the non-performance of the sale in case of force majeure or in case of disruption or strike, even partial, of the distribution services, notably postal services and/or means of transport or communication – which shall be analyzed as force majeure for the purposes of the present contract.

The Vendor shall in no event be liable for any indirect damages that may arise from the purchase and/or use of the Products.

The total or partial impossibility to use the Products, in particular because of an incompatibility of material, cannot engage the responsibility of the Salesman nor give place to any compensation or refunding

Article 13 – Nullity of a clause

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, this shall not affect the validity, binding force or scope of the other clauses of these general terms of sale.

Article 14 – Non-waiver

The fact that one of the Parties does not avail itself of a default by the other Party on any of the obligations referred to herein shall not be interpreted for the future as a definitive waiver by the non-defaulting Party of the obligation in question.

Article 15 – Applicable law

The sales contracts concluded on the Site in application of the present are exclusively subject to French law.

Any dispute relating to the conclusion, interpretation, execution or termination of a sale concluded between the Parties, and more generally, any dispute arising from such a sale, will be the exclusive jurisdiction of the Commercial Court of Annecy.

Article 16 – Data processing and Freedoms

The information collected by the Vendor during any order is necessary for the processing of the order in question. In accordance with the law n°78-17 of January 6, 1978 (known as data-processing law and freedoms), the Purchaser has a right of access to the data relating to it near the Salesman in order to carry out if necessary any request of correction, opposition or suppression.

Article 17: Loyalty points

By purchasing a product on fieldandfish.com, you can benefit from loyalty points that are calculated according to the purchase price of an order:

You receive 1 point for 1€ spent (for example 319 points for 1 Waders 5 c expert). An amount of 100 points will give you a coupon of 2€ to be used for your next order, it will be visible during the validation of the cart. You will be able to add several codes at the same time, in the tab “promo code” if your points balance is higher than 100 (ex: 300 points = 3 coupons of 2 €).

You will be able to find your coupons on the order page or on the “loyalty and reward” page of your account.

Notes: Anyone who is registered as an Ambassador or Retailer cannot access loyalty points.loyalty points are valid for 1 year .

Appendix :

Shipping cost :

Shipping with GLS :

For an order under 80 €, shipping costs are charged at a flat rate of 6 € TTC for a home delivery and offered from 80 € TTC order, for delivery in France only.

For the European Union, delivery is 8.40 € TTC.

For the Dom-Tom and outside the European Union, and Switzerland, the rate is 20 € TTC whatever the amount.

If however the cost of transport exceeds 20 euros, the seller may request a supplement for delivery.

The sending with Colissimo :

The shipping cost is 9 € TTC whatever the amount of the order for a home delivery with signature or 7 € TTC for a delivery to a merchant or home without signature .

 

Delivery time :

Fast delivery by GLS from 1 to 3 days in France, 2 to 4 days for the European Union, 4 to 10 days for other destinations.
Except exception, the parcels are given against signature, in case of absence, a notice of passage will be deposited.
You can also ask us for a delivery in point relay GLS

For the Post Office, the delivery So Colissimo is made with an average time of 48 hours in Metropolitan France.