Termini e condizioni di vendita
This English version is provided for information purposes only. In the event of any discrepancy between this translation and the French version, the French version shall prevail.
ARTICLE 1 - SCOPE
These General Terms and Conditions of Sale (the "Terms of Sale") apply without restriction or reservation to all distance sales concluded by Athana SAS (the "Seller"), whose registered office is located at 12 Place Saint Hubert, 59800 Lille, France, registered with the Lille Métropole Trade and Companies Register (RCS) under number 918 422 411.
The Terms of Sale apply to any non-professional buyer or consumer (the "Customer") wishing to purchase the Héra product, a portable cryotherapy device, offered for sale on the website www.athana.shop.
The Héra product is also available for purchase from partner pharmacies and physical retail outlets (list available at www.athana.shop/pages/points-de-vente). For such in-store purchases, the sales contract is concluded directly between the Customer and the retail outlet concerned, which has the status of seller and, in that capacity, owes the legal guarantees. These Terms of Sale do not apply to such sales, except for the provisions relating to the 2-year manufacturer's commercial guarantee (Article 8.3) and to the Athana after-sales service (Article 8.4), which benefit every Customer regardless of the purchase channel.
ARTICLE 2 - ORDERS
Distance orders are placed exclusively on the website www.athana.shop. The Customer selects the products on the website. Placing an order online implies acceptance of these Terms of Sale. The order is validated by a double click and confirmed by email. It only becomes final once the full price has been received.
A Customer wishing to buy the product in a physical store is invited to contact a partner pharmacy or retail outlet, whose own terms of sale apply.
ARTICLE 3 - PRICES
Prices are expressed in euros, all taxes included. They do not include shipping costs, which are charged in addition. Athana reserves the right to change its prices at any time, outside the validity period of an offer. Prices charged by partner retail outlets are set freely by them and may differ from the prices displayed on the website.
For orders shipped to Switzerland or any other country outside the European Union, customs duties, import taxes or customs clearance fees may be charged by the local authorities or the carrier. These costs are borne by the Customer and are not collected by Athana.
ARTICLE 4 - PAYMENT TERMS
The price is payable in full when the order is placed, by bank card (Visa, MasterCard, American Express). Payments are secured by the TLS protocol. No surcharge may be applied for the use of a given means of payment.
ARTICLE 5 - DELIVERY
Products ordered on the website are delivered to the address indicated by the Customer. Athana endeavours to meet the indicated delivery times, without any firm commitment. After a delay of 15 days that is not attributable to the Customer or to a case of force majeure, the Customer may cancel the order in writing (info@athana.shop).
ARTICLE 6 - RIGHT OF WITHDRAWAL AND "SATISFIED OR YOUR MONEY BACK" GUARANTEE
6.1 Legal right of withdrawal
In accordance with Articles L221-18 et seq. of the French Consumer Code, a Customer acting as a consumer has, for any distance purchase made on the website www.athana.shop, a period of fourteen (14) days from receipt of the Product to exercise their right of withdrawal, without having to give reasons or pay penalties.
The right of withdrawal is exercised by written notice sent to Athana's customer service (by email or post), by means of an unambiguous statement or the model withdrawal form.
The Customer then has fourteen (14) days from communicating their decision to return the Product, complete, in its original condition and packaging. Return costs are borne by the Customer.
Athana refunds the Customer all sums paid, including the initial delivery costs (on the basis of the standard rate), no later than fourteen (14) days after recovering the Product or receiving proof of its shipment, using the same means of payment as the one used for the order.
The Customer may be held liable for any depreciation of the Product resulting from handling other than what is necessary to establish its nature, characteristics and proper functioning.
The legal right of withdrawal does not apply to purchases made in a physical retail outlet. The Customer is invited to ask the retail outlet concerned about any exchange or refund policy it may have.
6.2 "Satisfied or your money back" commercial guarantee
Athana offers the Customer a "Satisfied or your money back" commercial guarantee of fifteen (15) days from receipt of the Product, valid exclusively for purchases made on the website www.athana.shop.
This guarantee does not apply to purchases made in pharmacies or partner retail outlets, which remain subject to the retail outlet's own conditions.
To benefit from it, the Customer notifies their request in writing to Athana's customer service within the fifteen (15) day period and returns the complete Product (device, accessories, original packaging), in a condition allowing it to be put back on sale, at their own expense. The price of the Product (excluding the initial delivery costs beyond the legal withdrawal period) is refunded within fourteen (14) days of receipt and inspection of the returned Product, using the same means of payment as the one used for the order.
This commercial guarantee applies without prejudice to the legal right of withdrawal referred to in Article 6.1 and to the legal guarantees referred to in Article 8.1.
ARTICLE 7 - TRANSFER OF OWNERSHIP
Ownership of the Product is transferred to the Customer upon full payment. Risks (loss, damage) are transferred upon actual delivery of the product to the Customer.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
8.1 Legal guarantees
The Products benefit from:
- the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code, 2 years from delivery);
- the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).
For purchases made on the website www.athana.shop, these legal guarantees are owed by Athana SAS.
For purchases made in pharmacies or partner retail outlets, the legal guarantees are owed by the retail outlet, in its capacity as seller. The Customer is invited to contact, as a priority, the outlet where the purchase was made, with proof of purchase.
8.2 Legal guarantee of conformity (information box)
The consumer has two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event that a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.
The legal guarantee of conformity obliges the seller, where applicable, to provide all the means necessary to bring the goods into conformity. The consumer may choose between repair and replacement of the goods, subject to the cost conditions provided for in Article L217-12 of the French Consumer Code.
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code. In this case, the consumer may choose between termination of the sale and a reduction of the sale price, in accordance with Article 1644 of the French Civil Code.
8.3 Manufacturer's commercial guarantee
The Héra product is covered by a 2-year manufacturer's commercial guarantee from the date of purchase, granted by Athana SAS to every Customer, regardless of the purchase channel (website www.athana.shop, pharmacy or partner retail outlet).
The battery is covered by a 12-month manufacturer's commercial guarantee from the date of purchase, under the same conditions.
These guarantees apply on presentation of proof of purchase (invoice, till receipt or receipt from the retail outlet) and cover manufacturing and operating defects, excluding normal wear and tear and damage resulting from use not in accordance with the user guide, impact, exposure to liquids or unauthorised intervention on the product.
Under this guarantee, Athana will, at its discretion, repair or replace the product. These commercial guarantees apply without prejudice to the legal guarantees referred to in Article 8.1, which remain owed by the seller (Athana for purchases on the website, the retail outlet for purchases in pharmacies).
8.4 Implementation - After-sales service
For any claim:
- written notice to Athana's customer service with proof of purchase (till receipts and receipts from partner retail outlets are accepted);
- return of the Product in its original condition (accessories, packaging, etc.).
For in-store purchases, the Customer may contact either the outlet where the purchase was made or Athana's after-sales service directly for the manufacturer's commercial guarantee.
In the event of an acknowledged defect:
- the initial shipping costs are refunded (on the basis of the rate charged) for purchases made on the website;
- return costs are borne by the Customer, unless a production defect is acknowledged after analysis by Athana;
- the Seller will repair, replace or refund within 30 days.
ARTICLE 9 - INTELLECTUAL PROPERTY
The content of the website www.athana.shop, including but not limited to texts, images, videos, graphic charters and logos, is the exclusive property of the Seller. Any reproduction or use is prohibited without prior written authorisation.
ARTICLE 10 - DATA PROTECTION
Personal data is collected for order processing and customer relationship management. It is processed in accordance with the French Data Protection Act (Loi Informatique et Libertés) and the GDPR. The Customer may exercise their rights of access, rectification, objection, erasure and portability by writing to: Athana SAS, 12 Place Saint Hubert, 59800 Lille, France.
ARTICLE 11 - DISPUTES
These Terms of Sale are governed by French law. Any dispute will be submitted to the competent courts under ordinary law. The Customer may use a conventional consumer mediation procedure free of charge, in accordance with Articles L612-1 et seq. of the French Consumer Code. The Customer may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.
ARTICLE 12 - HARDSHIP
In the event of unforeseeable circumstances making the performance of the contract excessively onerous for a Party, that Party may request a renegotiation of the contract in accordance with Article 1195 of the French Civil Code.
ARTICLE 13 - SPECIFIC PERFORMANCE
The Party suffering a breach may request specific performance of the contractual obligations, in accordance with Article 1221 of the French Civil Code.
ARTICLE 14 - EXCEPTION OF NON-PERFORMANCE
Each Party may suspend the performance of its obligation in the event of serious non-performance by the other, in accordance with Articles 1219 and 1220 of the French Civil Code.
ARTICLE 15 - FORCE MAJEURE
Neither Party may be held liable for a failure due to a case of force majeure as defined in Article 1218 of the French Civil Code. In the event of a permanent impediment or one lasting more than 6 months, the contract may be terminated automatically.
ARTICLE 16 - TERMINATION OF THE CONTRACT
16.1 Termination for non-performance. If a formal notice has remained unsuccessful for 30 days, the injured Party may give notice of termination of the contract for serious non-performance.
16.2 Termination for force majeure. The contract may be terminated automatically, without formal notice, in the event of permanent force majeure.
16.3 Consequences. Whatever has been exchanged between the Parties will be returned and the injured Party may claim damages.
ARTICLE 17 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having received all the information listed in Article L221-5 of the French Consumer Code, in particular:
- the essential characteristics of the product;
- the price and additional costs;
- the legal guarantees;
- the identity and contact details of the seller;
- the terms for exercising the right of withdrawal;
- the possibility of mediation.
Validation of the order constitutes full and complete acceptance of these Terms of Sale.
APPENDIX 1: MODEL WITHDRAWAL FORM
To the attention of Athana SAS, 12 Place Saint Hubert, 59800 Lille, France - thaddee@athana.shop:
I hereby give notice that I withdraw from the contract for the sale of the goods below:
- Ordered on: ............... / Received on: ...............
- Order number: ...............
- Customer name: ...............
- Customer address: ...............
- Signature (only if this form is notified on paper):
- Date: ...............
APPENDIX 2: LEGAL GUARANTEES
Article L217-3 of the French Consumer Code: The seller delivers goods in conformity with the contract and with the criteria set out in Article L217-5. The seller is liable for any lack of conformity existing at the time the goods are delivered.
Article L217-5: The goods must be fit for the purpose normally expected of goods of the same type and correspond to the description given by the seller.
Article L217-12: The seller may refuse to proceed as chosen by the consumer if the requested remedy is impossible or entails disproportionate costs.
Article 1641 of the French Civil Code: The seller is bound by the guarantee against hidden defects that make the item unfit for its intended use.
Article 1648: An action under the guarantee against hidden defects must be brought within two years of the discovery of the defect.
Done in Lille, on 13 January 2026.