General Sales Terms

Preamble

The present General Sales Terms govern all sales concluded between: the company Ephemera SARL, a limited liability company, registered with the RCS of Annecy under identification number 424085306, and whose head office is located at 58 allée des enfants, bat2 residence du centre, 74410 Saint Jorioz, France (the "Seller"), and any person (the "Buyer") carrying out an order on Internet site www.fly-fishing-gear.co.uk (the "Site"). The Seller and the Buyer (the "Parties") understand that their relationship will be controlled exclusively by the present General Sales Terms as existing on the Site at the time of the order.

Article 1 - Purpose

The present General Sales Terms ("Conditions") have the aim of defining the rights and obligations of each Party within the framework of the sale concluded between them on the Site. The Conditions apply without restriction or reservation for all products offered on the Site ("Products"). The Buyer claims full legal capacity to engage in such a transaction, and the purchasing of a product carries with it the full understanding that the Buyer is in complete acceptance of the Conditions and admits to having knowledge of the Conditions prior to placing the order. By accepting the Conditions, the Buyer (1) confirms he has been clearly informed of his rights and obligations under the conditions and procedures of the sale that he is entering into, and (2) confirms to accept the Conditions without reservation. The Seller reserves the right to modify the present Conditions at any time. Nevertheless, it is understood that such modifications will not apply to any existing orders placed prior to the posting on-line of the modified Conditions.

Article 2 - Order Placement

2.1 The Products

In accordance with Article L.111-1 of the French Code of Consumption, The Buyer can, before placing his order, take note, via the Site, of all the essential characteristics of the Products that he wishes to order. Regarding all Products, the Buyer is allowed to determine his choice by viewing the essential characteristics of the Products, and can choose those that specifically suit him, taking into consideration the appropriate size as specified in the size table. The availability of specific colors and sizes is determined by existing stock. The Seller reserves the right to modify his product offer at any time, according to the constraints of his stock. Photographs and graphics of the Products, such as those displayed on the Site, have no contractual value. Consequently, an impromptu change of product presentation, or the packaging of a Product, which does not affect the basic style itself, will in no way affect the validity of the sale through the Site.

2.2. Pricing

The selling prices of the Products, quoted in € , are those stated on the Site at the time of placing the order by the Buyer ("Price"). The product Prices quoted on the Site do not include, in most cases, shipping expenses. Delivery expenses are clearly stated prior to the Buyer confirming the order. In addition, they are attached in an appendix to this document. The Prices include the Value Added Tax (VAT) applicable in the E.U. on the day of the order. All additional taxes connected to the sale and/or delivery of the Product(s) (in particular all customs duties) are the sole responsibility of the Buyer. The Seller reserves the right to modify Prices at any time. However, except where there is specific agreement between the Parties, any revised prices will not be applied to any orders placed prior to changes being posted on the Site.

Article 3 - Orders

Any order assumes the Buyer is in completed accordance with the existing General Sales Terms. All confirmed orders will be confirmed by email by the Seller. The sale will not be regarded as final until it has been accepted by the Seller and all fees have been received.

Article 4 - Payment

4.1 Methods of Payment

Payment is due upon order placement. Orders are not validated until payment has been received. We accept payment by credit card or by check. If payment is by check, your package will not be shipped until your check has been received and it has been cleared by our bank. This can sometimes take several days. That is why we recommend payment by credit card. We accept Carte Bleue, Visa and Mastercard.paypal@fieldandfish.com , bank transfert 

4.2 Security of the Banking Data

All confidential banking data communicated by the Buyer for the purpose of product payment is managed directly by the financial partner of the Seller, Bank Crédit du Nord, via its encrypted site. The Seller has no visibility, nor access, to this confidential data.

Article 5 - Delivery - shipping expenses

The Products will be delivered to the address indicated on the Registration Form which the Buyer completes during the order process. The current delivery times are specified in an attached appendix. In the case of ordering different products with different delivery times, which could be the case depending upon product availability, the delivery period will be the longer of the delivery times. The Seller reserves the right, in some cases, to split the deliveries. The responsibility of the Seller is voided should poor execution of the contract be ascribed to the Buyer, or to a third party as in the case of force majeure.

Article 6 - Product Availability

All orders are subject to the availability of the ordered Product(s), a condition which the Buyer fully accepts in accordance with the stated General Sales Terms. In reality, the Buyer cannot place into his shopping cart an article that is not in stock. The system should not allow it. If, for any reason, an article is purchased without stock available, the Seller will inform the Buyer as soon as possible of the unavailability of the ordered Product, and we will either ship the article once available, or refund the Buyer if he should choose.

Article 7 - Reception of Goods/Return of Defective Product

Upon reception of a delivered order, it is the responsibility of the Buyer to check carefully that the product(s) matches the invoice and that its general condition conforms to the promised level of quality. Any return of goods must be made within the seven (7) days following the reception of the goods. The Buyer will conform to the following procedures when returning an order:

  • All parcels must be sent by registered mail to: Ephemera SARL, 58 allée des enfants, bat2 residence du centre, 74410 Saint Jorioz, France.
  • Copy of the order invoice must accompany the return.
  • All returned goods must be sent in their original packaging, along with the invoice and "Return of Goods" form, in the condition they were received.

If the Seller confirms the defective product, a replacement order will be sent immediately. If there is no stock available of the particular style the Buyer will be refunded the entire amount paid for his order, including out-going shipping costs. If the Seller confirms the defective product, Ephemera SARL will make the decision whether, or not, to reimburse the shipping costs of returning the defective product to the Seller.

Article 8 - Right of Retractation

This article 8 is directed exclusively at Purchasers that belong to the group of general "consumers" , as per the definition found in the French Code of Consumption , and excludes anyone of the group of "informed professionals". In accordance with Article L. 121-20 of the French Code of Consumption, the Buyer-Consumer has seven (7) days from the date of reception of the Product in which to return the Product for a full refund. Please note : Field & Fish offers customers an additional three days before the goods need to be returned (10 days in total). The Product(s) must be returned to the Seller in its original state, worthy of resale, in the original packing material with any accessories that were part of the original order, duly sealed, and accompanied by the corresponding invoice. Incomplete product, damaged product, or product received in damaged packing material will not be accepted for exchange, nor refund. A Buyer-Consumer exercising his right of retraction will be refunded either by the crediting of the credit card used to place the original order, or by bank check if that was the mode of payment used for the original order. Out-going shipping costs will be refunded on the basis of registered mail delivery regardless of the original option chosen by the Buyer. Subject to the above conditions, the returned Products must be sent by registered mail to: Ephemera SARL, 58 allée des enfants, bat2 residence du centre, 74410 Saint Jorioz, France.

Article 9 - Property Rights

The Products sold on the Site are the property of Ephemera SARL, and remain the property of the Seller until payment in full (including shipping costs and custom duties where applicable) has been received. The present clause does not block the transfer of the risks of the Products to the Buyer as of the day of their delivery. Until payment in full has been received, the Buyer is forbidden to transform, re-sell, or pawn the product under penalty of immediate claim by the Seller with all expenses for restitution of the product being the exclusive responsibility of the Buyer.

Article 10 - Responsibility

All products offered by the Seller conform to current French regulations. The Seller cannot be held responsible for non-execution of a sale in the event of force majeure, or any disturbance or strike, however small or temporary, of the services of distribution, in particular postal and/or other means of transport or communication. The Seller will not, in any case, be responsible for damages that occur after the purchase and use of a product, and will not be held responsible for replacement or compensation.

Article 11 - Nullification of a Clause

If one or more of the current stipulations are declared non-valid by the ruling court of jurisdiction, that declaration will in no way affect the validity, force, or range of the other clauses of the General Sales Terms.

Article 12 - Applicable Law

All sale contracts executed on the Site are subject exclusively to French law. Any litigation relating to the conclusion, interpretation, execution or the cancellation of a sale between the Parties, and more generally, any litigation born from a sale, will be the exclusive jurisdiction of the Tribunal of Commerce of Annecy, and conducted in the French language.

Article 13 - Data-Processing and Freedoms

The information collected by the Seller, at the time of order placement, is necessary to process the order in question. In accordance with the Law n° 78-17 of January 6, 1978 (known as Law of Data-processing and Freedoms), the Buyer has the right to access all data that has been shared with the Seller, and can add, modify or delete as desired.

Appendices

Shipping costs

For European Union destinations :

 the cost of shipping will be 7€
All shipments will be sent by GLS or La Poste  (French postal service) and only to European Union destinations. For all other countries, please contact us by phone +33 450 090 192 or by Email service@fieldandfish.com and we will inform you of the shipping costs and procedures.

Delivery times

France : 2 days
DOM TOM : 6 to 8 days

European Union : 5 to 10 days

Other countries : 6 to 14 days