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General terms and conditions of sale
The general terms and conditions of sale (hereinafter referred to as the “GTC”) apply to any purchase made by an individual (hereinafter referred to as the "Customer") on www.brittanyflyshop.com (hereinafter the “www.brittanyflyshop.com website”) full and complete property of EURL BRITTANY FLY FISHING registered in the R.C.S of Brest under the number 912148285, whose head office is located at 16 Lieu-Dit Toulloulan 29450 Commana, France (hereinafter referred to as the “Seller”).
IMPORTANT
Any order placed on www.brittanyflyshop.com website implies the Customer’s unreserved acceptance of these general conditions.
Article 1. Definitions
The terms used hereafter have, in the present General Conditions, the following meaning:
“Customer”: means the natural person who orders one or more products on the www.brittanyflyshop.com website, co-contractor of the Seller, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the Customer acts outside of any usual or commercial activity.
“Delivery”: shall mean the first presentation of the Products ordered by the Customer at the delivery address indicated at the time of the order.
“Products”: shall designate all products available on the www.brittanyflyshop.com website
Preamble
Prior to any transaction, the Customer acknowledges having read, and expressly agrees to, the GTC, by checking the box “I have read and accept the GTC”. The Seller is specialized in the sale, by internet and in physical stores, of fishing articles with fly fishing as a specialty, and more generally of articles for recreational fishing and personal equipment, clothing and accessories, shoes, etc. If one or more of the present stipulations are declared null and void as a result of a regulation or a final decision of a competent court, this will not affect the validity, the binding force or the scope of the other clauses of these GTC.
Article 2. Subject
The present general conditions of sale apply by right to any sale of the following products: fly rods, fly fishing lines, fly fishing reels, all accessories useful for fly fishing and nature activities (tippet materials, tools, products, landing nets, gadgets, accessories, glasses...), equipment, products, clothing and accessories, shoes, luggage,
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the Internet or through other distribution and marketing channels. In case of contradiction between the present GTC and any other document appearing on the website, the present GTC prevail.
The fact that the Seller does not take advantage of a clause of the present terms and conditions at a given moment cannot be interpreted as a tacit renunciation to take advantage of it.
Article 3. General
The Customer is any natural person, aged at least 18 years, or having the authorization of his legal representative at the date of his order.
The Customer is an individual. He does not act as a professional or legal entity. He resides in metropolitan France, including Corsica, and overseas, within the European Union or outside the European Union.
We accept orders from Metropolitan France, including Corsica, and overseas, from the European Union and also from countries outside the European Union: (Andorra, Iceland, Liechtenstein, Monaco, Norway, United Kingdom, Switzerland), North America, Commonwealth countries ...
Attention, we reserve ourselves the right to refuse the forwarding towards certain countries (and thus the order for delivery towards these same countries) whose safety concerning the sending and the distribution of goods is not guaranteed. Indeed, according to the article 216-4 of the Code of the consumption: “any risk of loss or damage of the goods is transferred to the Customer at the time when this last or a third designated by him, and other than the carrier proposed by the Seller, takes physically possession of these goods”.
The GTC are those in force on the website at the date of the validation of the order by the Customer.
Article 4. Purchase of products on the www.brittanyflyshop.com website
The Customer will be asked to provide information allowing him to be identified by filling in the form available on the Website www.brittanyflyshop.com
The sign (*) indicates the mandatory fields that must be filled in for the Customer's order to be processed by the Seller. The Customer can check the status of his order on the site. The follow-up of the deliveries can, if necessary, be carried out by using the tools of follow-up on line of some carriers. Customer may also contact Seller's sales department at any time by email at: contact[at]brittanyflyshop.com to obtain information on the status of its order.
The information that Customer provides to Seller when placing an order must be complete, accurate and current. Seller reserves the right to ask Customer to confirm, by any appropriate means, its identity, eligibility and the information provided.
Article 5. Orders
By order, it is understood any order relating to the products appearing on the Internet site of the Seller, www.brittanyflyshop.com and accepted by him.
Prior to any order, the Customer is invited to proceed to the creation of a customer account through the www.brittanyflyshop.com website
If the Customer does not wish to be the object of commercial prospecting by telephone canvassing, he can register on a list of opposition to telephone canvassing on the site www.bloctel.gouv.fr.
If the Customer does not wish to be the subject of commercial prospecting by digital canvassing (newsletter type, ...), he mentions it when creating his customer account.
Before placing an order, the Customer expressly acknowledges having read and accepted the present GTC by clicking on “I have read and accept the GTC”.
The order implies adhesion and full acceptance of these GTC and obligation to pay for the products ordered and related costs.
In certain cases, in particular default of payment, erroneous or incomplete address, security of the country of delivery not guaranteed or other problem which would occur on the account of the Customer, the Seller reserves the right to block the order of the Customer until the resolution of the problem.
Article 5.1. Characteristics of the products
The Seller undertakes to present the essential characteristics of the Products (on the descriptive sheets available on www.brittanyflyshop.com website) and the compulsory information that the Customer must receive by virtue of the applicable law.
The Customer undertakes to read this information carefully before placing an order on www.brittanyflyshop.com website
Unless otherwise expressly indicated on www.brittanyflyshop.com website, all the Products sold by the Seller are new and conform to the European legislation in force and to the standards applicable in France.
Article 5.2. Ordering procedure
Orders for Products are placed directly on www.brittanyflyshop.com website
To place an order, the Customer must follow the steps described below (please note, however, that depending on the Customer's home page, the steps may differ slightly).
5.2.1. Product selection and purchase options
The Seller shall select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired characteristics and quantities. Once the Product is selected, the Product is placed in the Customer's shopping cart. The latter can then add as many Products as he wishes to his basket.
5.2.2. Orders
Once the Products have been selected and placed in the shopping cart, the Customer must click on the shopping cart and check that the contents of the order are correct. If the Customer has not yet done so, he/she will then be invited to identify himself/herself or to register.
Once the Customer has validated the contents of the shopping cart and logged in/registered, an online form will be displayed, automatically filled in, summarizing the price, applicable taxes and, if applicable, the delivery charges.
The Customer is invited to check the content of his order (including the quantity, characteristics and references of the Products ordered, the billing address, the payment method and the price) before validating its content.
The Customer can then proceed to the payment of the Products by following the instructions on the www.brittanyflyshop.com website and provide all the information necessary for the invoicing and the Delivery of the Products. For Products for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary to process the order.
The Customer must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the website to acknowledge receipt of the Customer's order. A copy of the order acknowledgement is automatically sent to the Customer by e-mail, provided that the e-mail address provided through the registration form is correct.
The Seller does not send any order confirmation by post.
5.2.4. Billing
During the ordering process, the Customer shall enter the necessary billing information (the sign (*) shall indicate the mandatory fields that must be filled in for the Customer's order to be processed by the Seller).
In particular, the Customer must clearly indicate all information relating to the Delivery, in particular the exact address of the Delivery, as well as any possible access code (digicode, etc.) to the Delivery address.
The Customer must also specify the chosen means of payment.
Neither the order form that the Customer establishes online, nor the acknowledgement of receipt of the order that the Seller sends to the Customer by e-mail shall constitute an invoice. Regardless of the method of order or payment used, the Customer shall receive the original invoice upon Delivery of the Products, inside the package.
Article 5.3. Date of the order
The date of the order is the date on which the Seller acknowledges receipt of the order online. The deadlines indicated on the www.brittanyflyshop.com website only start to run from this date.
Article 5.4. Prices
For all Products, the Customer will find on the www.brittanyflyshop.com website prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the Delivery address and the carrier or mode of transport chosen).
The prices include in particular the value added tax (VAT) at the rate in force at the date of the order. Any change in the applicable rate may affect the price of the Products from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The rates of the Seller's suppliers are subject to change. Consequently, the prices indicated on www.brittanyflyshop.com website may change. They can also be modified in case of special offers or sales.
The prices indicated are valid, except for a gross error. The applicable price is the one indicated on www.brittanyflyshop.com website at the date the order is placed by the Customer.
Article 5.5. Availability of Products
The Professional undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.
The unavailability of a Product is in principle indicated on the page of the Product concerned. Customers may also be informed of the restocking of a Product by the Seller.
In any case, if the unavailability was not indicated at the time of the order, the Seller undertakes to inform the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, the Seller may, if the parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.
If the Customer decides to cancel his order for unavailable Products, he shall obtain a refund of all sums paid for the unavailable Products within thirty (30) days of payment at the latest.
Article 6. Availability of products and non-orderable items
If a product is exceptionally no longer available during the preparation of your order, we will inform you by e-mail or telephone and your order will be placed in “closed” status. It is therefore imperative, when creating your customer account, to provide your e-mail and telephone number in order to be quickly notified of the cancellation or modification, with your permission, of an order.
Article 7. Right of withdrawal
All Products delivered in France, in the EU and outside the EU can be refunded except those excluded by law and bearing a mention in this sense, for example Products having been the subject of a customization on request of the Customer or the Products having been opened when the blister of protection will have been removed, etc.
The Customer has a right of withdrawal of fourteen (14) calendar days from the date of receipt or withdrawal of the Products.
EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP undertakes to reimburse the Customer who has exercised his right of withdrawal as soon as possible and at the latest within thirty (30) days following the exercise of the right of withdrawal.
EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP will reimburse the Customer for the returned Products, subject to the respect of the conditions mentioned above. The reimbursement will include the price of the Products as well as the shipping costs of the Products ordered, in proportion to the value of the Product(s) subject to the exercise of the right of retraction.
As a reminder, the costs of returns by La Poste or by any other courier service depending on the place and country of residence of the Customer are at the expense of the Customer.
The refund will be made via the payment method of the returned order, unless the Customer expressly agrees to a refund by another payment method
Never send back a parcel with postage due, it will be systematically refused by our services and sent back to the sender.
Notification of the right of withdrawal
To exercise his right of withdrawal and in accordance with the article L.221-21 of the Code of the consumption, the Customer must notify his decision to withdraw by means of a declaration without ambiguity (for example, letter sent by post or electronic mail) to: EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France or: contact[at]brittanyflyshop.com
Model form for the right of withdrawal
To the attention of EURL BRITTANY FLYFISHING/BRITTANY FLY SHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France
Email: contact[at]brittanyflyshop.com
I hereby notify you of my withdrawal from the contract for the sale of the goods (*) below:
Ordered on ... / .. /....
Product reference:
Invoice number:
Purchase order number:
Received on ... / .. /.... (*) :
Customer Name:
Customer's address:
Customer's E-mail:
Customer's telephone number:
Customer's Signature (only if notifying this form on paper):
Date:
(*) Delete as appropriate.
In order for the withdrawal period to be respected, the Customer must send his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the Customer's choice of a delivery method other than the standard delivery method proposed by the Seller) without undue delay and, in any event, no later than fourteen (14) days from the date on which the Seller receives the returned Product (Article L.221-24 of the French Consumer Code).
The Seller shall proceed with the refund using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to a different means, in any event, this refund shall not incur any costs for the Customer.
Seller is not obligated to refund shipping costs.
The Seller may defer the refund until receipt of the goods or until the Customer has provided proof of shipment of the goods, whichever comes first.
Terms of return
The Customer shall, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the Products to the following address
EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP
16, Lieu-dit Toulloulan
29450 Commana
France
This period is deemed to have been respected if the Customer returns the goods before the expiry of the fourteen (14) day period.
Return shipping costs via La Poste or any other courier service according to the place and country of residence of the Customer are at the expense of the Customer (except for a defective Product upon receipt, or an error when sending the Product).
Return shipping costs
The Customer shall bear the direct costs of returning the goods.
In the event that the weight of the Product prevents the Customer from returning the Product by mail, the Customer shall bear the direct costs of returning the good.
Condition of the returned good
The Product must be returned according to the instructions of the Seller and include all accessories delivered.
The Customer shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer has the possibility to test the Product, but he/she may be held responsible if he/she carries out manipulations other than those necessary.
The Products must be intact, complete and in their original packaging.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
Supply of goods made according to the specifications of the Customer or clearly personalized (Custom Brittany Fly Fishing™ rods or Brittany Fly Fishing™ leaders or flies for example).
Supply of goods or services whose price depends on fluctuation on the financial market
Provision of goods that are likely to deteriorate or expire quickly
Provision of sealed audio or video recordings or software that have been unsealed after delivery
Newspaper, periodical, magazine (except subscription contract)
Provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering or services related to leisure activities if the offer includes a specific date or period of performance
Supplies of goods that by their nature are inseparably mixed with other items
Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the Customer after Delivery
Supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on market fluctuations beyond the control of the Seller
Supply of digital content not supplied in dematerialized form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
Contracts concluded at a public auction
Article 8. Reservation of ownership and transfer of risks
The transfer of ownership of the product sold by the Seller to the Customer only takes place when the Customer takes possession of the product.
The whole of the risks resulting from the delivery are in charge of the Seller, since the Customer does not choose his logistic provider: the consequences related to the delivery, the loss or the damage of a parcel during the transport cannot be undergone by the Customer who did not take physically possession of these goods.
The article 216-4 of the Code of the consumption specifies: “any risk of loss or damage of the goods is transferred to the Customer at the time when this last or a third designated by him, and other than the carrier proposed by the Seller, takes physically possession of these goods”.
Article 9. Payment
Article 9.1. Means of payment
The Customer explicitly acknowledges his obligation to pay when validating the order.
By clicking on “pay my order”, he acknowledges that the placing of an order entails full payment of the price. The sums paid are not considered as deposits or down payments.
The Customer may pay for his Products online on www.brittanyflyshop.com website by the means proposed by the Seller.
The Customer guarantees to the Seller that he/she has all the necessary authorizations to use the chosen means of payment.
The Seller shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of the online payment on www.brittanyflyshop.com website
.
In this respect, it is specified that all the information relating to the payment provided on www.brittanyflyshop.com website is transmitted to the Seller's bank and is not processed on www.brittanyflyshop.com website
The payment of the order can be carried out:
1-With a CB, Visa or MasterCard or American Express credit card
After validating the order, the Customer must indicate the details of his CB, Visa or MasterCard bank card (16 digits), the expiry date (4 digits) and the cryptogram (3 or 4 digits on the back of the bank card) in the spaces provided
Or for an American Express card (15 digits), the expiration date and the CID/CSC codes on the back and front.
The payment by credit card on www.brittanyflyshop.com website is totally secure thanks to the use of the payment solution Monetico Paiement 3D Secure of the CIC.
-By PayPal.
The Customer is automatically redirected in a totally secure way to the payment solution Monetico Paiement 3D Secure of CIC.
-By bank transfer (in this case, the Seller will provide you with bank account IBAN/BIC)
Article 9.2. Date of payment
In case of a single payment by credit card, the Customer's account will be debited as soon as the Products are ordered on www.brittanyflyshop.com website
In case of partial delivery, the total amount will be debited from the Customer's account at the earliest when the first package is shipped. If the Customer decides to cancel the order of unavailable Products, the refund will be made in accordance with the last paragraph of Article 6 of these Terms and Conditions.
Article 9.3 Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer shall contact the Seller's Customer Service in order to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the Customer proves impossible, the order will be cancelled and the sale automatically terminated.
Article 10. Proof and archiving
Any contract concluded with the Customer corresponding to an order of an amount higher than 120 euros including all taxes will be archived by the Seller for a duration of ten (10) years in accordance with the article L. 213-1 of the Code of consumption.
The Seller agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the Customer.
In the event of a dispute, the Seller shall have the possibility to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 11. Transfer of ownership
The Seller remains the owner of the delivered Products until their complete payment by the Customer.
The above provisions do not prevent the transfer to the Customer, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the Products subject to the reservation of ownership, as well as the risks of damage that they may cause.
Article 12. Time of treatment of the order
As from the reception of your payment by our services, your order is prepared under 24 to 72 hours maximum (except weekend and public holidays).
During busy periods and / or sales, this period may exceptionally be extended to 48 hours (or 2 working days).
For all orders to the following countries (Germany, Andorra, Austria, Belgium, Spain, France, Italy, Luxembourg, Monaco, Netherlands, Portugal), the shipping and preparation costs for a package weighing up to 2 kg are 16 €* as of June 1, 2022
*Postage rates 2022, subject to change.
Free shipping depends on the amount of the order and the chosen carrier.
See link Deliveries on www.brittanyflyshop.com
For all other destinations (including France overseas) the shipping costs are charged at actual cost.
Please note that some products may not be included in these shipping and handling fees due to their size, weight and/or bulk. For all these products, the shipping costs are invoiced to the Customer at the actual cost of the logistician chosen by www.brittanyflyshop.com
The delivery is made to the address indicated by the Customer.
It is up to him to check the exactitude of his information before the validation of the order.
In case of failure of the Seller to his obligation of delivery at the date or at the expiration of the delay foreseen above, or, in defect, at the latest 30 days after the conclusion of the contract, the Customer can cancel the contract, in the conditions of the articles L.216-2, L.216-3 and L.216-4 of the code of the consumption, by registered letter with request for notice of reception or by a writing on another durable support, if, after having enjoined, according to the same modalities, the professional to carry out the delivery or to supply the service within a reasonable additional time, this last one did not carry out in this time.
Article 13. Return of product(s)
- You want to return a product for an exchange of size or colour for example?
By appointment, you have the possibility, subject to availability of the replacement product, to come directly to the Brittany Fly Fishing headquarters (EURL BRITTANY FLYFISHING/BRITTANY FLY SHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France).
If you can’t come and see us on site, you must return the product.
The Customer will have to pay the direct costs of returning the product.
The return of the Product(s) must be done in the original packaging, in new condition, with all its accessories and documentation and with an explanatory letter.
You can initially inform us of your wish by email at the following address: contact[at]brittanyflyshop.com
Never send back a parcel with postage due, it will be systematically refused by our services and sent back to the sender.
The return of the Product(s) must imperatively be made to the following address: EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France.
- www.brittanyflyshop.com made an error during the supply and preparation of your order (error of size, error of colour, error of product, product not in conformity with the description of the product sheet, defective product), you can use very easily the return form available in your space “My account”, heading “My internet orders”. To contact us, use in all cases the following e-mail address: contact[at]brittanyflyshop.com
The return of the product(s) must be made exclusively to the following address EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France.
Article 14: Delivery policy
Delivery zone
The Products offered can be delivered to all countries served and approved by our partners offering international shipping services
We accept orders from Metropolitan France, including Corsica, and overseas, from the European Union and also from countries outside the European Union: (Andorra, Iceland, Liechtenstein, Monaco, Norway, United Kingdom, Switzerland), North America, Commonwealth countries...
The Products are shipped to the delivery address(es) that the Customer will have indicated during the ordering process.
Shipping time
The times to prepare an order and then establish the invoice, before shipping the Products in stock are mentioned on the www.brittanyflyshop.com website
These deadlines do not include weekends or public holidays.
An e-mail message will automatically be sent to the Customer at the time of shipment of the Products, provided that the e-mail address in the registration form is correct.
Delivery time & costs
During the ordering process, the Seller indicates to the Customer the possible delivery times and shipping options for the Products purchased.
The shipping costs are calculated according to the delivery method.
The amount of these costs will be due by the Customer in addition to the price of the Products purchased.
Details of delivery times and costs are available on www.brittanyflyshop.com website
In the absence of indication or agreement as for the delivery date, the Seller delivers the Product without unjustified delay and at the latest thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Code of the consumption).
Modalities of delivery
The parcel will be given to the Customer against signature and on presentation of an identity document.
In case of absence, a notice of passage will be left to the Customer, in order to allow him to go to collect his parcel in his post office.
With several of our carrier partners (Chronopost, Mondial Relay, UPS, DHL, La Poste), the Customer can also be notified by email or text message of the date and time of delivery with the possibility to reschedule the delivery with the carrier concerned or to modify the date and/or place of delivery, in a relay point for example.
Delivery problems
The Customer is informed of the delivery date when he/she chooses the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. If the Customer fails to do so, the Customer shall give notice to the Seller to deliver within a reasonable time and in case of non-delivery within this period, the Customer may terminate the contract.
The Seller shall refund, without undue delay after receipt of the termination letter, to Customer the total amount paid for the Products, including taxes and delivery charges, by the same method of payment used by Customer to purchase the Products.
The Seller is responsible until the Products are delivered to the Customer. It is reminded that the Customer has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
Article 15. Packaging
The Products shall be packed in accordance with the transport standards in force, in order to guarantee maximum protection for the Products during delivery. Customers agree to respect the same standards when returning Products under the conditions set out in Articles 6 (Right of withdrawal) and 7 (Retention of title and transfer of risks).
Article 16. Guarantees
Apart from the commercial guarantees that the Seller may offer for certain Products, any Customer benefits from “legal” guarantees, for all Products, which are detailed below, in accordance with Article L.111-1 of the Consumer Code.
Article 16.1 Guarantee of conformity
Article L. 217-4 of the French Consumer Code: “The seller delivers goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
Article L.217-5 of the French Consumer Code: “The goods conform to the contract:
1-If it is fit for the purpose usually expected of a similar good and, where appropriate:
- If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2-Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter”.
The Seller is liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge or has been carried out under its responsibility.
The action resulting from the defect of conformity is prescribed by two (2) years as from the delivery of the Product (Article L.217-12 of the Code of the consumption)
In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at his or her discretion. However, if the cost of the Customer's choice is clearly disproportionate to the other option available, given the value of the Product or the extent of the defect, the Seller may proceed with a refund, without following the option chosen by the Customer.
In the event that a replacement or repair is not possible, the Seller agrees to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France
Finally, the Customer is exempted from proving the existence of a defect in the conformity of the Product during the twenty-four (24) months following the delivery of the Product, except for second-hand goods for which this period is set at six (6) months (Article L. 217-7 of the French Consumer Code).
It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the Products.
Article 16.2. Warranty of hidden defects
The Seller is bound by the warranty for hidden defects in the Product sold which render it unsuitable for the use for which it was intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would only have given a lower price for it, if he had known about them (Article 1641 of the Civil Code).
This guarantee allows the Customer who can prove the existence of a hidden defect to choose between the refund of the price of the Product if it is returned and the refund of a part of its price, if the Product is not returned.
In the event that a replacement or repair is not possible, the Seller agrees to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return of the Product by the Customer to the following address EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France. The action resulting from redhibitory defects must be brought by the Customer within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code).
Article 17. Legal warranties
The Seller undertakes to deliver to the Customer a good that conforms to his request.
The Customer may avail himself of the legal guarantee of conformity provided by the Consumer Code, in particular the following articles
- Article L.217-4 of the Consumer Code: “The Seller delivers a good that conforms to the contract and is responsible for defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility”.
- Article L.217-5 of the French Consumer Code: “The good is in conformity with the contract:
- If it is fit for the purpose usually expected of a similar good and, if applicable:
- If it corresponds to the description given by the Seller and has the qualities that the latter has presented to the Customer in the form of a sample or model, if it has the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, particularly in advertising or labelling,
- If it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Customer, brought to the attention of the Seller and accepted by the latter”.
- Article L.217-12 of the French Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.
- Article L.217-16 of the French Consumer Code: “When the buyer asks the Seller, during the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention”.
The Seller is also liable for any redhibitory defects in the item under the conditions provided for in Articles 1641 to 1649 of the Civil Code.
- Article 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known about them”.
- Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”.
When the Customer acts in legal guarantee of conformity, he has a period of two years from the delivery of the goods to act. He may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
The Customer is exempted from proving the existence of the lack of conformity of the goods for twenty-four (24) months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the warranty against hidden defects of the product sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 18. Responsibility
The responsibility of the Seller shall in no case be engaged in case of non-execution or bad execution of the contractual obligations attributable to the Customer, in particular during the seizure of its order.
The Seller shall not be held responsible, or considered to have failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts.
It is moreover specified that the Seller does not control the websites which are directly or indirectly linked to www.brittanyflyshop.com website. Consequently, he excludes any responsibility for the information published there. The links to third party websites are provided for information purposes only and no guarantee is given as to their content.
Article 19. Force majeure
The responsibility of the Seller cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present GCS results from a case of force majeure.
Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In this respect, the Seller shall not be held liable, in particular, in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communication networks, or in the event of any circumstance or event outside the Seller's control occurring after the conclusion of the GCS and preventing its performance under normal conditions.
It is specified that, in such a situation, the Customer may not claim the payment of any compensation and may not bring any action against the Seller
In the event of the occurrence of any of the above events, the Seller shall endeavour to inform the Customer as soon as possible.
Article 20. Use of personal data
The Seller processes or uses your data in order to finalize the mail order or e-commerce contract.
The Seller collects on the www.brittanyflyshop.com website personal data concerning its Customers, including by means of cookies.
Customers can disable cookies by following the instructions provided by their browser.
The data collected by the Seller is used to process orders placed on the www.brittanyflyshop.com website, to manage the Customer's account, to analyse orders and, if the Customer has expressly chosen this option, to send the Customer commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the Customer no longer wishes to receive such communications from the Seller.
The Customer's data are kept confidential by the Seller for the purposes of the contract, its execution and in compliance with the law.
We will take all reasonable steps to ensure the confidentiality and security of your personal data, so as to prevent damage, deletion or access by unauthorized third parties.
Access to your personal data is strictly limited to our e-commerce/remote sales and customer accounting departments and to the General Management.
Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer/newsletter received by e-mail.
The data may be communicated, in whole or in part, to the service providers of the Seller involved in the ordering process. For commercial purposes, the Seller may transfer to its commercial partners the names and contact details of its Customers, provided that the latter have expressly given their prior consent when registering on www.brittanyflyshop.com website.
The Seller will specifically ask Customers if they wish their personal data to be disclosed. Customers may change their mind at any time by contacting the Seller. The Seller may also ask its Customers if they wish to receive commercial solicitations from its partners.
For any additional information or complaint, you can contact the Commission Nationale de l'Informatique et des Libertés (more information on www.cnil.fr).
In accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as the RGPD), the Seller ensures the implementation of the rights of the persons concerned.
It is reminded that the Customer whose personal data is processed has the right to access, rectify, update, portability and deletion of information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the Customer may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.
The Customer can exercise these rights by sending an e-mail to the address: contac[at]brittanyflyshop.com or by sending a letter to: EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France.
It is specified that the Customer must be able to prove his identity, either by scanning an identity document, or by sending a photocopy of his identity document to the Seller.
Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to third parties to your data, unless we are obliged to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the amended “Informatique et Libertés” law of January 6, 1978 and the European Regulation n°2016/679/EU of April 27, 2016 (applicable as of May 25, 2018), you have the right to access, rectify, portability and deletion of your data or to limit the processing. You may also, on legitimate grounds, object to the processing of your data.
You can, subject to the production of a valid proof of identity, exercise your rights by contacting the customer service by e-mail: contact[at]brittanyflyshop.com or by mail at the following address: EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, Customer service, 16, Lieu-dit Toulloulan, 29450 Commana, France.
If you do not wish to receive our news, solicitations or promotional offers (by phone, SMS, postal mail or e-mail) and invitations, you have the possibility to indicate it to us by contacting the Customer Service by e-mail contact@brittanyflyshop.com or by mail at the following address EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France.
Article 21. Complaints
The Seller provides the Customer with a “Customer Telephone Service” at the following number: +33(0) 6 42 03 93 66 (not surcharged). Any written complaint of the Customer must be transmitted to the following address: EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, 16, Lieu-dit Toulloulan, 29450 Commana, France.
Article 22. Intellectual property
All visual and audio elements of the www.brittanyflyshop.com website, including the underlying technology used, are protected by copyright, trademark and/or patent law.
All technical documents, products, drawings, photographs given to the Customer remain the exclusive property of EURL BRITTANY FLY FISHING /BRITTANYFLYSHOP, the sole owner of the intellectual property rights on these documents, and must be returned to the Customer upon request.
The Customer undertakes not to make any use of these documents which may infringe the industrial or intellectual property rights of the supplier and undertakes not to disclose them to any third party.
These elements are the exclusive property of the Seller. Any person who publishes a website and wishes to create a direct hypertext link to the Website must request permission from the Seller in writing.
This authorization of the Seller will in no case be granted definitively. This link must be removed at the request of the Seller.
Hypertext links to the www.brittanyflyshop.com website using techniques such as framing or hotlinking are strictly prohibited. Any representation or reproduction, total or partial, of www.brittanyflyshop.com website and its contents, by any process whatsoever, without the express prior authorization of the Seller, is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. Acceptance of these GTC shall constitute recognition by the Customer of the Seller's intellectual property rights and an undertaking to respect them.
Article 23. Validity of the general conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the present General Conditions shall not affect the validity of the present General Conditions. Such a modification or decision does not authorize Customers to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector, for companies whose registered office is located in France.
Article 24. Modification of the General Conditions
The present General Conditions apply to all purchases made online on www.brittanyflyshop.com website, as long as it is available online.
The General Conditions are dated precisely and can be modified and updated by the Seller at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions shall not apply to Products already purchased.
Article 25. Jurisdiction and applicable law
The present GTC as well as the relationship between the customer and the seller are subject to French law.
In the event of a dispute, the Customer may, first of all, contact the Seller in order to seek an amicable solution.
If no amicable agreement is reached, the dispute will be submitted to the French courts.
However, prior to any recourse to an arbitral or state judge, the Customer
is invited to contact the Seller's complaints department. If no agreement is reached or if the Customer proves that he/she has previously attempted to resolve his/her dispute directly with the Seller by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including one concerning its validity. In order to initiate this mediation, the Seller shall specify to the Customer that it adheres to the CM2C mediation platform, www.cm2c.net, 14 rue Saint Jean, 75017 PARIS, France.
In accordance with Article L. 612.1 of the French Consumer Code, the Customer may have free recourse to the CM2C mediation service of which the Seller is a member.
The Customer may thus contact the Seller's mediator
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict
Since mediation is not mandatory, the Customer or the Seller may withdraw from the process at any time.
In the event that mediation fails or is not envisaged, the dispute that may have given rise to mediation shall be referred to the competent court designated below:
Clerk of the Commercial Court of Brest
150 rue Ernest Hemingway CS 61936
29219 Brest Cedex 2
France
+33 (0)2 98 43 31 31
www.greffe-tc-brest.fr
Article 26. Customer relationship
For any question, information or complaint, it is possible to contact the Seller:
- by email: contact[at]brittanyflyshop.com Guaranteed response within 24 hours (working days).
- by phone, Monday to Friday from 9:00 am to 6:00 pm: +33 (0) 6 42 03 93 66. We recommend you to contact us by mail.