Terms and Conditions

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (GTC) apply without restriction or reservation to all sales entered into by Athana SAS (hereinafter “the Seller”), whose registered office is located at 12 Place Saint Hubert, 59800 Lille, and which is registered with the Lille Métropole Trade and Companies Register under number 918 422 411.

These Terms and Conditions apply to any non-professional buyer or consumer (hereinafter “the Customer”) wishing to purchase the Héra product, a portable cryotherapy device, offered for sale on the website www.athana.shop.

ARTICLE 2 – ORDERS

The Customer selects products on the website www.athana.shop. Placing an order implies acceptance of these Terms and Conditions. No orders can be processed outside of the website. The order is confirmed by double-clicking and via email. It becomes final only after full payment has been received.

ARTICLE 3 – RATES

Prices are listed in euros, including all taxes. They do not include shipping costs, which are billed separately. Athana reserves the right to change its prices at any time, except during the validity period of a promotion.

For orders shipped to Switzerland or any other country outside the European Union, customs duties, import taxes, or clearance fees may be charged by local authorities or the carrier. These charges are the responsibility of the Customer and are not collected by Athana.

ARTICLE 4 – PAYMENT TERMS

Payment is due in full at the time of order, by credit card (Visa, MasterCard, American Express). Payments are secured using the TLS protocol. No additional fees may be charged for using a particular payment method.

ARTICLE 5 – DELIVERY

Products are delivered to the address provided by the Customer. Athana makes every effort to meet the specified delivery times, though these are not binding. If delivery is delayed by more than 30 days for reasons not attributable to the Customer or due to force majeure, the Customer may cancel the order in writing.

ARTICLE 6 – TRANSFER OF OWNERSHIP

Ownership of the Product is transferred to the Customer upon full payment. Risk (of loss or damage) is transferred upon actual delivery of the Product to the Customer.

ARTICLE 7 – SELLER’S LIABILITY – WARRANTY

7.1 Statutory Warranties The Products are covered by:

  • The statutory warranty of conformity (2 years from the date of delivery) 
  • The Warranty Against Hidden Defects (Article 1641 of the Civil Code)

7.2 Battery
The battery is covered by a 12-month warranty from the date of purchase.

7.3 Procedure for filing a claim:

  • Written notification to customer service, including supporting documentation
  • Return the product in its original condition (including accessories, packaging, etc.)

In the event of a confirmed defect:

  • The original shipping costs will be refunded (based on the billed rate)
  • The customer is responsible for return shipping costs, unless a manufacturing defect is confirmed following an inspection by Athana
  • The Seller will repair, replace, or refund the item within 30 days.

ARTICLE 8 – INTELLECTUAL PROPERTY

Site Content www.athana.shop, including but not limited to text, images, videos, graphic designs, and logos, is the exclusive property of the Seller. Any reproduction or use is prohibited without prior written authorization.

ARTICLE 9 – DATA PROTECTION

Personal data is collected for the purpose of processing orders and managing customer relationships. It is processed in accordance with the French Data Protection Act and the GDPR. Customers may exercise their rights of access, rectification, objection, erasure, and data portability by contacting: Athana SAS, Place Saint Hubert, 59800 Lille.

ARTICLE 10 – DISPUTES

These Terms and Conditions are governed by French law. Any dispute shall be submitted to the competent courts in accordance with the provisions of general law. The Customer may seek to resolve the dispute through contractual mediation.

ARTICLE 11 – FORESEEABLE CIRCUMSTANCES

In the event of unforeseeable circumstances that make performance of the contract excessively onerous for one Party, that Party may request a renegotiation of the contract in accordance with Article 1195 of the Civil Code.

ARTICLE 12 – ENFORCEMENT IN KIND

The party that is the victim of a breach may seek specific performance of the contractual obligations, pursuant to Article 1221 of the Civil Code.

ARTICLE 13 – DEFENSE OF NON-PERFORMANCE

Each Party may suspend the performance of its obligations in the event of a material breach by the other Party, in accordance with Articles 1219 and 1220 of the Civil Code.

ARTICLE 14 – FORCE MAJEURE

Neither Party shall be held liable for any breach resulting from a force majeure event as defined in Article 1218 of the Civil Code. In the event of an impediment that is permanent or lasts longer than six months, the contract may be terminated automatically.

ARTICLE 15 – TERMINATION OF THE CONTRACT

15.1 Termination for Breach Following a formal notice that has remained unanswered for 30 days, the aggrieved Party may terminate the contract for material breach.

15.2 Termination Due to Force Majeure The contract may be terminated automatically without notice in the event of permanent force majeure.

15.3 Consequences The services exchanged shall be returned, and the aggrieved Party may seek damages.

ARTICLE 16: PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having received all the information listed in Article L221-5 of the French Consumer Code, including:

  • Key product features
  • Price and associated fees
  • Legal warranties
  • The seller’s identity and contact information
  • The possibility of mediation

By placing an order, you fully and unconditionally agree to these Terms and Conditions.


APPENDIX: STATUTORY WARRANTIES

Article L217-4 of the Consumer Code: The seller shall deliver goods that conform to the contract.

Section L217-5: The item must be fit for its intended use and conform to its description.

Section L217-12: The statute of limitations for claims based on lack of conformity is two years from the date of delivery.

Section L217-16: Any period during which the property is out of service extends the warranty.

Article 1641 of the Civil Code: The seller is liable for latent defects that render the item unfit for its intended use.

Section 1648: A claim for hidden defects must be brought within two years of the discovery of the defect.

Done at Lille, on October 2, 2024.