CONDITIONS GÉNÉRALES DE VENTE
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (hereinafter “GTC”) apply, without restriction or reservation, to all sales concluded by FIRN, a simplified joint-stock company, with its registered office located at 35 rue Courcelles – 75008 PARIS, registered under SIRET number 937 814 473 00016 (hereinafter “the Seller”), to consumers or non-professionals (hereinafter “the Customer”) wishing to purchase the Products sold by the Seller.
The Products in question are cosmetic products manufactured by the Seller (hereinafter “the Products”).
It is specified that the Products are intended for the Customer’s personal use and are not directly related to the Customer’s professional activities.
By making a purchase on the Website, the Customer confirms that they have full legal capacity. FIRN cannot verify the Customer's legal capacity. Consequently, if a Customer who lacks legal capacity orders Products on the Website, the Customer’s legal guardians must assume full responsibility for the purchase and, in particular, ensure payment.
These Terms and Conditions govern the terms and conditions regarding orders, payment, delivery, the right of withdrawal, warranty and liability.
These terms are systematically provided to the Customer prior to placing an Order and shall take precedence over any other conflicting document.
The Customer hereby declares that they have read these Terms and Conditions and accepted them in full prior to placing any Order. The Customer’s confirmation of the Order constitutes unconditional acceptance of these Terms and Conditions of Sale.
Geographic area: Products are available for purchase for delivery within mainland France.
As these General Terms and Conditions of Sale may be subject to future changes, the version applicable to the Customer’s purchase is the one in effect on the date the contract is concluded.
ARTICLE 2 – Account Creation – Products – Orders
2.1 To place an Order on the Website, the Customer must first create a Customer Account by providing the information requested in the registration form. The Customer agrees to provide accurate, complete and up-to-date information.
When creating an account, the Customer chooses a username and password that are strictly personal and confidential. The Customer is solely responsible for these login credentials and agrees not to disclose them to third parties. Any login to the Customer Account ****using these credentials is deemed to have been performed by the Customer.
The Customer agrees to regularly update the information provided during registration to ensure that it remains relevant and accurate for the processing of their Orders.
The Customer may, at any time, request the deletion of their Customer Account by submitting a request to the Seller. The Seller also reserves the right to suspend or terminate the Customer’s Account in the event of a breach of these Terms and Conditions, without prejudice to any damages the Seller may claim.
Before placing an order, the Customer may review the key features of the Product(s) they intend to purchase.
The Products sold by the Seller on the Website are guaranteed to comply with current European Union regulations as well as with the standards applicable in France.
It is the Customer’s responsibility to carefully review all warnings, notices and recommendations contained in the Product descriptions, particularly those regarding the terms and conditions of use, prior to placing any Order
Orders are placed on the website: www.firn.com. The Products offered for sale by FIRN are those listed on the Website on the date the Customer visits the Website, subject to availability.
The Customer has a 14-day right of withdrawal from the date of receipt of the Products, in accordance with Articles L221-18 et seq. of the French Consumer Code, by sending an email to care@firn.com and providing the following information: order number, date of receipt of the order, customer’s first and last name, billing address, shipping address, and date. The customer is responsible for the shipping costs associated with returning the product.
2.2 Customers may book LED mask treatments at FIRN stores equipped with a treatment room, subject to availability.
ARTICLE 3 - Prices
Product prices are listed in euros, including VAT.
Unless otherwise stated, these prices do not include shipping, packaging or delivery charges, which are billed separately.
ARTICLE 4 - Terms of Payment
The price of the Products is payable in accordance with the terms set out below.
The Customer may make payment:
- Online: by card (bank card, Visa, MasterCard, American Express),
- In-store: Bank card, cash, cheque
For any Order placed by a Customer, payment must be made in full at the time of the Order.
Payment is considered final once the Seller has actually received the funds.
No additional fees may be charged to the Customer for using a particular payment method.
An invoice is issued by the Seller and provided to the Customer upon delivery of the Products; it is also available in the Customer’s Account.
ARTICLE 5 - Delivery of Products - Shipping
Once the Customer has confirmed payment, an order summary will be sent electronically to the email address provided by the Customer during the login process prior to placing the order. FIRN shall not be held liable in the event of an error in entering the email address or, more generally, if the order summary is not received.
This order confirmation will summarise the following: payment and delivery terms and, if applicable, delivery charges; the specifications of the Product(s) ordered; and the terms and conditions for exercising the right of withdrawal; - the address where the Customer may submit complaints; and information regarding after-sales service and product warranties.
Shipping is free for orders of €54 or more within mainland France. Below this threshold, standard shipping costs €4.90 and express shipping costs €9.90. Delivery is handled by Chronopost, Colissimo or Mondial Relay.
The products ordered may be:
- delivered to the address provided by the Customer;
- picked up directly from a pickup point, after confirming availability, subject to logistical feasibility.
Delivery is available to mainland France, the European Union and worldwide.
The estimated delivery time is 2 to 5 business days from the date of shipment, barring unforeseen circumstances or stock shortages. If the item is out of stock, the Customer will be offered a new delivery date.
When delivery is handled by a carrier selected by the Seller, the risks are transferred to the Customer upon physical delivery of the Products.
The Customer agrees to inspect the condition of the Products upon receipt. Any visible defects (breakage, missing items, damage) must be reported to the carrier and confirmed to the Seller within 72 hours of delivery, either by email or by recorded delivery letter with return receipt requested.
The absence of any reservations at the time of acceptance does not preclude the application of statutory warranties (conformity and hidden defects).
ARTICLE 6 – Right of Withdrawal
In accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, the Customer has 14 calendar days from the date of receipt of the Products to exercise their right of withdrawal, without having to provide a reason or incur any penalties.
To exercise this right, the Customer must notify us of their decision to withdraw, before the deadline expires, in writing (by post or email) to the following address:
FIRN – 35 Rue de Courcelles – 75008 Paris
Email: care@firn.com
The Products must be returned to the address provided by the Seller, in their original condition, complete, and in their original packaging, no later than 14 days after the decision to cancel the order has been communicated. If the fourteen (14)-day period expires on a Saturday, Sunday, or a public holiday or non-working day, it is extended until the next business day.
For health and hygiene reasons, and in accordance with Article L221-28 of the French Consumer Code, Products that have been opened by the Customer after delivery are not eligible for the right of withdrawal and therefore cannot be refunded.
The customer is responsible for return shipping costs, unless the delivered product is defective or damaged.
If the right of withdrawal is exercised, FIRN will refund the amounts paid, including standard shipping costs, within 5 to 10 days of receiving the Products.
Refunds will be issued using the same payment method the Customer used when placing the Order, unless the Customer expressly agrees to a different refund method.
ARTICLE 7 - Transfer of Ownership - Transfer of Risk
The Seller retains ownership of the Products sold until the Customer has made full and complete payment.
The risk of loss or damage to the Products passes only when the Customer or a third party designated by the Customer (other than the carrier) takes physical possession of the Products.
ARTICLE 8 – Statutory Warranties
Products sold by FIRN are automatically covered by:
- the legal warranty of conformity, in accordance with Articles L217-3 to L217-20 of the Consumer Code;
- the statutory warranty against hidden defects, under the conditions set out in Articles 1641 to 1649 of the Civil Code.
Legal Warranty of Conformity
The Customer has two years from the date of delivery of the product to bring a claim under the statutory warranty of conformity.
In the event of a defect, the Customer may choose between repair or replacement of the product. If these remedies are impossible or disproportionate, the party may request a price reduction or the termination of the contract.
The Customer shall not be charged any fees for exercising this right.
This statutory warranty applies regardless of any commercial warranty that may have been provided.
Warranty Against Hidden Defects
The Customer may also invoke the warranty against hidden defects within two years of discovering the defect. The buyer must then prove that the defect renders the product unfit for its intended use or diminishes its usefulness to such an extent that the buyer would not have purchased it, or would have paid a lower price for it.
If this warranty is invoked, the Customer may choose between:
cancellation of the sale (return of goods in exchange for a refund),
or a price reduction.
ARTICLE 9 – Liability
The Seller is fully liable to the Customer for the proper performance of the obligations arising from these Terms and Conditions.
However, the Seller shall not be held liable in the event of:
- the Customer’s fault (e.g., errors in the information provided, improper storage or use of the Products)
force majeure, as defined in Article 1218 of the Civil Code - involvement of a third party unrelated to the supply of the Products.
- The Products sold by the Seller are intended for use under normal conditions. The Seller shall not be liable for any indirect or consequential damages (loss of opportunity, loss of business, etc.).
The Customer is responsible for verifying that the Products are compatible with the intended use.
ARTICLE 10 - Personal Data
As part of the business relationship, the Seller collects and processes personal data relating to the Customer (last name, first name, address, email address, phone number, shipping information, etc.).
This information is required:
- for the processing and tracking of orders,
- invoicing,
- as well as the delivery of the Products.
Personal data is retained only for as long as is strictly necessary to manage the business relationship and is never sold or transferred to third parties for commercial purposes.
In accordance with the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679) and the amended French Data Protection Act, the Customer has:
- the right to access, correct, delete, object to, and restrict the processing of their data,
- as well as the right to data portability.
You may exercise these rights by writing to:
FIRN – 35 Rue de Courcelles – 75008 Paris
Email: contact@firn.com
In the event of a complaint, the Customer may file a complaint with the CNIL (National Commission for Information Technology and Civil Liberties): 3 Place de Fontenoy-UNESCO – 75007 Paris
ARTICLE 11 - Governing Law - Language
These Terms and Conditions of Sale and any transactions arising from them are governed by French law.
They are written in French. If these terms are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
12.1 The Customer is informed that consumer mediation is available for any disputes that may arise regarding the sale of FIRN products.
In accordance with the Order of 20 August 2015, and the Implementing Decree of 30 October 2015, the customer may refer any consumer dispute or litigation to the CMAP (Paris Mediation and Arbitration Centre) for amicable resolution through mediation, subject to Article L612-2 of the Consumer Code.
Disputes shall not be subject to review by the mediator if: the request is manifestly unfounded or abusive, or has previously been examined or is currently under examination by another mediator or by a court, or if the customer submitted their request to the mediator more than one year after filing a written complaint with FIRN, or if the dispute falls outside the mediator’s jurisdiction, or, finally, if the consumer fails to demonstrate that they have previously attempted to resolve the dispute directly with FIRN through a written complaint.
To submit a dispute to the mediator, customers can fill out the form on the CMAP website: www.mediateur-conso.cmap.fr, or send their request by standard or recorded mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or send an email to consommation@cmap.fr.
12.2 Any disputes arising from purchase and sale transactions entered into pursuant to these General Terms and Conditions of Sale, regarding their validity, interpretation, performance, termination, consequences and effects, and which cannot be resolved amicably between the Seller and the Customer, shall be subject to THE EXCLUSIVE JURISDICTION OF THE COMPETENT FRENCH COURTS pursuant to the French Code of Civil Procedure.
The Customer is hereby informed that, in the event of a dispute, they may, in any case, seek recourse to contractual mediation, including through the Consumer Mediation Commission (Consumer Code, Art. L 612-1) or existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation).
ARTICLE 13 - Pre-contractual Information - Customer Acceptance
The Customer acknowledges that, prior to placing an Order, they received clear and understandable information regarding the essential terms of the commercial relationship, in accordance with Article L111-1 of the French Consumer Code.
This information covers, in particular:
- the key features of the Products (descriptions, terms of use),
- the price or any potential benefit,
- delivery times,
- the Seller’s identity and contact information,
- and the option to seek assistance from a consumer mediator.
The Customer acknowledges that the photographs and illustrations are not binding and must be supplemented by the product description.
Confirmation of the quote and placement of the order constitute full and unconditional acceptance of these Terms and Conditions and a commitment to pay. Any conflicting document shall not be enforceable against the Seller.