Terms of sale

These General Terms and Conditions of Sale, hereinafter referred to as “the T&Cs” or “the Conditions” are offered by the company Lunyka (hereinafter “the Company”), SARL with a capital of €3000.00, registered in Registry of Commerce and Companies of Châlons-en-Champagne under the number 980 756 738, whose registered office is located at 9 rue Géo Lefèvre, Sompuis 51320, France.

The Company's email address is:

The Company owns the website www.niuulh.com hereinafter referred to as “the Site” or “the Platform”. In accordance with the indications provided in the General Conditions of Use, the Company is also the Publisher of the Site.

Any user of the Site who has made a purchase of a service and/or product via the functionalities made available by the Platform or following a direct exchange with the Company is considered to be a customer, hereinafter referred to as “the Customer(s)”.

Hereinafter referred to as “the Product(s)” and/or “the Service(s)”, the Site offers the Customer the possibility of ordering cooling systems intended for electronic and/or computer systems, as well as objects of various kinds, custom made.

In accordance with the General Conditions of Use, before any use of the Site, the Customer must ensure that he has the technical and computer means allowing him to access the Site in a secure manner, to use the Site and to order the Services and Products on it. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

The purpose of these T&Cs is to define all the conditions under which the Company markets the Products and/or Services as offered for sale on the Site to Customers. They therefore apply to all orders for Products and/or Services placed on the Site by the Customer - hereinafter referred to as “the Order(s)”.

The Customer declares having read and accepted these General Terms and Conditions before placing their Order. Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated and the applicable T&Cs are those in effect on the Site on the date the Order is placed.

Any condition to the contrary set by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.

The fact that the Company does not avail itself at a given time of any provision of these T&Cs cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of the said T&Cs.

The Company reserves the right to correct the content of the Site at any time.

The Customer can find on the Product page the period during which, or the date until which, the spare parts essential for the use of the product are available on the market.

For parts designed and manufactured by the Company, the availability of parts is not dated and is guaranteed until the definitive closure of the Company's activity. In the event of premature unavailability of one of these parts, the Company will inform the Customers.

The Products and/or Services offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the product(s) does not engage the responsibility of the Company and does not affect the validity of the sale.

The Customer selects the Product(s) and/or Services he wishes to purchase and can access the summary of his Order at any time.

The Order summary presents the list of the Product(s) and/or Services that the Customer has selected, and includes any additional costs such as the delivery price in addition to the price of the Product(s). and/or Order Services. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order.

After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the GCS, then by clicking on the Order validation icon. The words “Order with obligation to pay” or an analogous formula devoid of any ambiguity appear next to the validation icon of the Order in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.

After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.

After the validation of his Order and in order to be able to proceed to the payment, the Customer enters the details to which he wishes to obtain delivery/receipt of the Product(s)/Service(s), and those used for invoicing if this information is different. The delivery/receipt process of the Product(s/Services) is described in Article 4 of these General Terms and Conditions.

The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.

After having validated his delivery details and, where applicable, billing, the Customer proceeds to the payment of his Order according to the methods specified below.

The prices are mentioned in euros on the Site in the descriptions of the Products and/or Services, excluding tax or all taxes included depending on whether the customer is registered as an individual or as a professional.

The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated all taxes included.

The Order for Products and/or Services on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card or by bank transfer, except for special conditions of sale expressly accepted by the Customer and the Company.

In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the Customer total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore entirely encrypted and protected. The Customer's bank details are not stored electronically by the Company. Stripe’s general conditions of use can be consulted at the following address:

The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

The product(s) offered on the Site can be delivered to France as well as to any country made available on the Site.

For Products not including any personalization, the Company undertakes to respect a deadline not exceeding twenty-one (21) working days from the Order date. For tailor-made products including one or more personalizations, the Company allows an additional period of seven (7) days.

In the event that the Company anticipates a delay in the delivery times of a product, it will inform the Customer in order to agree on a new delivery time or, where applicable, the modification of the content of the product. the order, which may lead to a partial refund.

The Customer is informed by email when his Order is ready and when his Product(s) are shipped. The Product(s) ordered are delivered to the delivery address indicated by the Customer when placing the Order under the conditions specified in Article 2 of these General Terms and Conditions.

The Customer must ensure that the information communicated referred to in article 2 of these General Terms and Conditions is correct and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details which may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances hold the Company liable in the event of non-delivery, and the Company's customer service will contact the Customer for a second delivery at the expense of the Customer.

The Company will also not be responsible if the non-receipt of the Products and/or Services is due to the actions of a third party outside its intervention or in the event of theft.

In the event of return of the Order due to the Customer's absence, the Company's customer service will contact the Customer for a second delivery at the Customer's expense.

The Customer will be able to track the delivery of their Order using any tracking number provided to them or, where applicable, by contacting customer service whose contact details appear in Article 5 of these General Terms and Conditions.

For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the Company's customer service, in order to allow the latter to try to find a solution to the problem.

The Company's customer service is available from 10 a.m. to 6 p.m. Monday to Friday using the following contact details:

All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code , and the guarantee against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:

The non-compliant product will be replaced or repaired according to the cost terms provided for by the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

Thus the Client:

• benefits from a period of two (2) years from the delivery of the product to act in default of conformity of the Product;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the ten (6) months following delivery of the product;
• can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.

In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.

The hidden defects guarantee allows the Customer to be protected against hidden defects in the product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: keep the product and request a reduction in the price, or return the product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.

The following legal provisions are recalled:

• Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.”
• Art. L217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
• Art. L217-7 of the Consumer Code: “Defects of conformity which appear within twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
• Art. L217-8 of the Consumer Code: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.”
• Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”
• Art. L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. The sale cannot, however, be canceled if the lack of conformity is minor.”
• Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages.”
• Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good.”
• Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.”
• Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them.”
• Art. 1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself.”
• Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.”
• Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned.”
• Art. 1646 of the Civil Code: “If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.”
• Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…)”

If a Customer believes that he has received a product that he considers to be defective or non-compliant, he must contact the Company's customer service department (see Article 5), as soon as possible after receipt of the the Order by email or by registered mail with acknowledgment of receipt, specifying the defect or non-compliance in question.

It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having read the complaint thus formulated and, if necessary, will replace the product of which the Company would have had to note the lack of conformity, or the defect.

In the event that the exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the Company's proposal by crediting the Customer's bank account, the Customer may opt for another method of reimbursement than that proposed.

The Customer agrees to comply with the terms of these T&Cs.

The Customer agrees to use the Site and the services in accordance with the instructions of the Company.

The Customer agrees that he is only using the Site for his personal use, in accordance with these T&Cs. In this regard, the Customer agrees to abstain:

• to use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs;
• to sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site;
• attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site;
• to use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site;
• infringe the intellectual property rights of the Company and/or resell or attempt to resell the products to third parties;
• to denigrate the Site and/or the Products as well as the Company on social networks and any other means of communication.

If, for any reason, the Company considers that the Customer does not comply with these GCS, it may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil legal action. and criminal proceedings against him.

In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the last product ordered on the Site to exercise his right of withdrawal with the Company, without having to provide reasons or pay a penalty.

All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:

Art. L. 221-28 of the Consumer Code: “The right of withdrawal cannot be exercised for contracts:

• The supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his acknowledgment of the loss of his right of withdrawal, when the service has been fully performed by the professional;
• The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
• Providing goods made to the consumer's specifications or clearly personalized;
• Supply of goods liable to deteriorate or expire rapidly;
• Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• Supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
• Emergency maintenance or repair work to be carried out at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
• Concluded during a public auction;
• Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period ;
• The supply of digital content without material support, the performance of which has begun before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when:
  • He has previously given his express consent for the performance of the contract to begin before the expiry of the withdrawal period;
  • He has acknowledged that he will lose his right of withdrawal;
  • The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.”

To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of the withdrawal form proposed in the appendix hereto or by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by email or by post to the Company's customer service department (see Article 5).

In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email) .

The Customer must return the product(s) in the same condition as that in which he or she received them and with all packaging elements, accessories and instructions (even if the product(s) have been unpacked), as soon as possible and at the latest within fourteen (14) days from notification of the decision to withdraw from this contract, to the Company's customer service (see Article 5). In accordance with the law, the Customer bears the cost of returning the product(s).

In the event of withdrawal by the Customer, the reimbursement of the Product(s) and/or Services which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the transaction initial, unless the Customer expressly agrees otherwise. In any case, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than fourteen (14) days from the day the Company is informed of the Customer's decision to withdraw his Order.

In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his liability is only engaged with regard to the Company for a depreciation of the Product(s), returned following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.

Thus under Article L221-28 III of the Consumer Code: The right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.

The Company implements all the measures necessary to ensure the Customer the supply, under optimal conditions, of quality products and/or services. However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Company's liability were to be incurred, it could in no case agree to compensate the Customer for consequential damages or damages whose existence and/or quantum would not be established by evidence.</ p>

The Company cannot be held responsible for damage caused by misuse of one of its Products/Services or by non-compliance with the precautions for use and conditions of hygiene, storage and safety during use of one of its Products/Services.

The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and must not be interpreted as an express or tacit endorsement, by the Company, of these sites and of these elements nor of their contents.

The Company is not responsible for the availability of these sites and cannot control the content or validate the advertising, product(s)/service(s) and other information disseminated on these websites.

It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the Customer's computer equipment or electronic messaging rejects, for example due to an anti -spam, emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipment tracking email.

The Customer is fully aware of the provisions of this article and in particular of the guarantees and limitations of liability mentioned above, essential conditions without which the Company would never have entered into a contract.

The Customer undertakes not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may also not harm or hinder the Company's information system. Failing this, the Company may take any measure against it and in particular incur criminal liability under articles 323-1 et seq. of the Penal Code.

All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.

The name, brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.

No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and to the elements and software it contains, nor to modify them or to carry out any work on them as a basis, nor to sell or participate in any sale in connection with this Site, the elements of this Site or any related software.

The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the Client of the company names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of express and prior agreement from the Company.

The Company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The Company undertakes, in accordance with GDPR regulations, to respect your privacy and to protect your personal data, i.e. data likely to identify you directly or indirectly as a person.

As part of the order, the Company is intended to collect the Customer's personal data. The Company is committed to protecting the personal data of customers.

The files containing personal data necessary for the order are notably kept on the servers of the Site host. This provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The Company does not communicate or trade customers' personal data.

At the order stage on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place orders.

The personal data collected by the Company is intended to enable the fulfillment of the order. The various personal data will not be kept for longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of law n° 78-17 of January 6, 1978, as amended by law n°2004-801 of August 6, 2004 known as “Informatique et Libertés”, and the general regulations on data protection (GDPR), subject to proof of your identity, any Customer, regardless of their nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of their data and also has a right to data portability as well as a right to object to the processing of personal data concerning them.

For the purposes of applying this clause and, in particular, to ensure the confidentiality treatment of Customer data, the Company has designated, in accordance with the provisions of the general data protection regulations (GDPR), a data protection officer, who can be contacted at the following address:

In any case, any Customer has the right to make any complaint to the CNIL.

By checking the box provided for this purpose or by expressly giving his agreement to this purpose, the Customer accepts that the Company may send him, at a frequency and in a form determined by it, a newsletter (letter of information) that may contain information relating to its activity.

When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for Products/Services similar to those ordered.

Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

The Customer has the option of registering free of charge on a BLOCTEL telephone canvassing opposition list in order to no longer be contacted by telephone by a professional with whom he or she does not have an ongoing contractual relationship, in accordance with the law. n°2014-344 of March 17, 2014 relating to consumption.

Any consumer can register for free on this list on the site:

These General Conditions of Sale are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of law.

In the event of a dispute likely to arise during the interpretation and/or execution of these General Terms and Conditions or in relation to these General Terms and Conditions, the Customer may decide to submit the dispute with the Company to a procedure conventional mediation or any other alternative method of dispute resolution.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the e-commerce Mediator Médiation Solution service whose contact details are as follows:

You can use the mediation service for consumer disputes linked to an order placed on the internet.

To find out how to contact the Mediator:

Finally, it is recalled that mediation is not obligatory but only offered in order to resolve disputes by avoiding recourse to justice.

The Customer can also go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all dispute resolution organizations approved in France:

In the event of failure of this mediation procedure or if the Client wishes to refer the matter to court, the rules of the code of civil procedure will apply.

I hereby notify you of my withdrawal from the contract relating to the sale of the product(s)/service(s) mentioned below: