Legal information

Preamble

The present general terms and conditions of sale govern all sales concluded between:
- the company Ephemera, SARL registered with the RCS of Annecy under the unique identification number 424 085 306 whose registered 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 relationship shall be governed exclusively by the present general terms and 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 Terms apply without restriction or reservation to all products offered on the Site (the "Products"), regardless of the nature of such Products, including any virtual products (such as online downloads, etc.).

Prior to placing an order, the Buyer declares that he/she has full legal capacity to enter into valid commitments under these Conditions.

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

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

The Vendor may freely modify these Conditions at any time. Nevertheless, such modifications will only apply, unless expressly agreed otherwise between 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.

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

Article 3 - Formation of the Sale

3.1 Products

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

For all Products, the Buyer's choice is based both on the essential characteristics of the Products and on the Buyer's personal characteristics, in particular the size characteristics as specified in the size chart. The offers proposed by the Site are valid only while stocks last. The Vendor may modify his offer of Products at any time, according to the constraints linked to his supplies.

The photographs and graphics of the Products, as shown on the Site, have no contractual value. Consequently, any impromptu modification of the graphic charter or packaging of a Product, even if it remains identical, cannot in any way affect the validity of the sale made on the Site or engage the responsibility of the Vendor in respect of this sale.

3.2. Rates

The sale prices of the Products, denominated in Euros, are those appearing on the Site at the time the Buyer registers his/her order (the "Prices").

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

Prices include value-added tax (V.A.T.) applicable in France on the day the order is placed, or according to the buyer's VAT rate for EU countries. 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 payable as a result of the sale and/or delivery of the Products to the Buyer (in particular any customs duties or special VAT rates due to the country of delivery) will be invoiced in full to the Buyer.

Prices may be modified by the Vendor at any time. However, unless expressly agreed otherwise between the Parties, the modified Prices will only apply to orders placed after their posting on the Site.

Article 4 - Order

Any order implies the Buyer's unreserved 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 Payment terms

Payment for Products must be made when the order is placed, failing which the order will not be validated. Payment may be made by credit card (Carte Bleue, MasterCard or Visa), paypal, bank transfer or cheque made payable to Ephemera.

5.2 Bank data security

All confidential banking data communicated by the Buyer for the purposes of paying for the Products are collected directly by the Vendor's financial partner, SG Laydernier , via its secure payment module and by means of duly encrypted and secure links designed to guarantee optimum security. The Vendor has no direct access to this data, which is covered by banking secrecy.

Article 6 - Delivery - delivery costs

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

In the event of items being delivered on different dates according to their availability, the delivery period will be the longest period. 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, if the delivery date is exceeded by more than thirty days and is not due to force majeure, the Buyer may cancel the sale by sending a registered letter with acknowledgement of receipt.

Withdrawal from the contract must be made within fourteen working days of the delivery deadline.

The contract will be terminated on the date of receipt of the registered letter by the Vendor if delivery has not taken place between dispatch and receipt of the letter.

Cancellation of the sale under the terms of this article obliges the Seller to reimburse all sums paid, including delivery costs, without undue delay and at the latest within fourteen days of being informed of the consumer's decision to cancel.

The Vendor may not be held liable if the non-performance or improper performance of the contract is attributable to the Buyer, to a third party to the contract or to force majeure.

Article 7 - Availability of Products

All orders will remain subject to the condition of effective availability of the Products ordered, which the Buyer hereby declares to accept in full.

The Vendor will inform the Buyer as soon as possible of any unavailability of a Product ordered.

In accordance with the provisions of Article L. 121-20-3 of the French Consumer Code, the Vendor may in this case supply the Buyer with a Product of equivalent quality and price. In the event of the Buyer exercising his right of withdrawal under Article 10 below, the Vendor will bear the cost of returning such a replacement Product.

Should the Vendor fail to exercise this option, the Buyer will 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 with the order and their general condition (damaged or defective products).

Any refusal of goods may only be made within fourteen days of receipt of the goods. During this fourteen-day period, the Buyer must comply with the following returns procedure:

- 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 (date of postmark). We will contact you to return your items.

The absence of a reservation within the aforementioned period will definitively establish the conformity of the Products delivered to those designated by the order.

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

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

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

Article 9 - Returns

Any defective Product or wrong choice of size may be returned for exchange under the conditions described below. To be accepted, the return must :

- Intervene after contacting Ephemera SARL after-sales service on 04 50 09 01 92

or use the contact form

- returns are made by GLS, free of charge, for metropolitan France, subject to acceptance by the seller and on request.
- returns may also be made by colissimo suivi 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 has been noted and, if the Purchaser is a professional, no later than the 15th day following the date of delivery. In this case, the return costs will be charged to the Buyer.

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

Article 10 - Right of Withdrawal

The present article 10 applies exclusively to Buyers deemed to be "consumers" within the meaning of the provisions of the French Consumer Code - to the correlative exclusion 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 or her own expense and obtain reimbursement.

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 Product that is incomplete, damaged or whose original packaging has been damaged will not be refunded or exchanged.

The exercise of the right of withdrawal will give rise to a cash refund, either by re-crediting the bank card used for the initial order, or by bank cheque. Shipping costs will be systematically reimbursed on the basis of the amount actually paid by the Buyer.

Subject to compliance with the above conditions, returned Products must be sent by registered parcel post with acknowledgement of receipt to Ephemera SARL, ZAE de la Tuilerie, 139 route des Marais, 74 410 Saint-Jorioz, France, together with the invoice.

Article 11 - Reservation of ownership

The Products are sold under reservation of title.

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

The present clause does not prevent the transfer of risks of the Products to the Buyer from 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 returning the Products sold being borne exclusively by the Buyer.

Article 12 - Liability

The Products offered by the Vendor comply with current French regulations.

The Vendor shall not be held liable for non-performance of the sale in the event of force majeure or in the event of disruption or strike, even partial, of distribution services, particularly postal services and/or means of transport or communication - which shall be considered as force majeure for the purposes of the present contract.

The Seller shall in no event be liable for any consequential damages arising from the purchase and/or use of the Products.

The total or partial impossibility of using the Products, notably due to incompatibility of equipment, cannot engage the responsibility of the Vendor nor give rise to any compensation or reimbursement.

Article 13 - Nullity of a clause

If one or more of the provisions hereof 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, the binding force or the scope of the other provisions 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 its obligations hereunder shall not be construed for the future as a definitive waiver by the non-defaulting Party of the obligation in question.

Article 15 - Applicable Law

Sales contracts concluded on the Site pursuant to the present terms and conditions are governed exclusively by French law.

Any dispute relating to the conclusion, interpretation, performance or termination of a sale concluded between the Parties, and more generally, any dispute arising in connection with such a sale, shall fall within the exclusive jurisdiction of the Annecy Commercial Court.

Article 16 - Data processing and freedom

The information collected by the Seller during any order is necessary to process 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 which are calculated according to the purchase price of an order:

You receive 1 point for every 1€ spent (e.g. 319 points for 1 Waders 5 c expert). For 100 points, you'll receive a 2€ coupon for your next order, which will be visible during checkout. You can add several codes at once, in the "promo code" tab, if your points balance is greater than 100 (e.g. 300 points = 3 €2 coupons). Once the coupon(s) have been used, the total amount payable is automatically reduced.

You can find your coupons on the order page or on the "loyalty and rewards" page of your account.

Note: Anyone registered as an Ambassador or Retailer cannot earn loyalty points.

Loyalty points are valid for 1 year.

Appendix:

Shipping costs :

-Shipping with GLS:

For orders under 200 €, shipping costs are billed at a flat rate of 7 € TTC for home delivery and free for orders over 200 € TTC, for delivery in Metropolitan France only.

For the European Union, delivery costs are €10 excluding VAT.

For French overseas departments and territories and outside the European Union, the fee is €50, and for Switzerland, the fee is €20 including VAT, regardless of the amount.

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

-The sending with Colissimo :

Shipping costs are €10 including VAT regardless of the order value for home delivery with signature or €8.50 including VAT for home delivery without signature or €8.20 including VAT for delivery to a retailer.

 

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 GLS relay point
 

For La Poste , delivery by Colissimo takes an average of 48 hours in mainland France.


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