Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE


TITLE I – GENERAL PROVISIONS

ARTICLE 1 – IDENTIFICATION OF THE SELLER

The website accessible at the address www.mynemi.com (hereinafter the "Site") is operated by: ALDA-MARKET LLC

A company under American law, incorporated in accordance with the laws of the State of New Mexico (United States),

Registered office:

8206 Louisiana Blvd NE, Ste A #1648

Albuquerque, NM 87113

United States


Tax Identification Number (EIN): 38-4254060

Email address: info@mynemi.com

Customer service: info@mynemi.com

(hereinafter referred to as "NEMI", "ALDA-MARKET LLC" or the "Seller")

The Seller markets, in particular, dietary supplements intended for consumers residing in several states, including France.

These General Terms and Conditions of Sale exclusively govern the contractual relationship between the Seller and any consumer making a purchase on the Site.

ARTICLE 2 – PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The purpose of these General Terms and Conditions of Sale (hereinafter the "GTC") is to define the rights and obligations of the parties in the context of the distance selling of products offered on the Site.




They determine, in particular:

  • the ordering procedures;
  • the payment terms;
  • the delivery terms;
  • the applicable legal guarantees;
  • the conditions for exercising the right of withdrawal;
  • the procedures for handling complaints;
  • the conditions for recourse to consumer mediation.

These GTC are accessible at any time on the Site.

They may be downloaded, saved, and printed by the consumer.



ARTICLE 3 – SCOPE OF APPLICATION

These GTC apply to any order placed by a consumer on the Site.

They prevail over any other document, unless otherwise expressly agreed in writing by the Seller.

The consumer declares:

  • to be at least eighteen (18) years of age;
  • to have the legal capacity necessary to enter into a contract;
  • to act for purposes outside the scope of their professional activity.

These GTC are exclusively applicable to consumers within the meaning of the Consumer Code.

Any order implies full and complete acceptance of these GTC.








ARTICLE 4 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

Prior to confirming their order, the consumer acknowledges:

  • having read these GTC;
  • having received the pre-contractual information provided for by Articles L.111-1 and L.221-5 of the Consumer Code;
  • having been given the opportunity to verify the details of their order and its total price;
  • having had the opportunity to identify and correct any errors before final validation.

Acceptance of these GTC is indicated by a checkbox during the ordering process.

This acceptance constitutes proof of the conclusion of the sales contract.

The consumer acknowledges that these GTC are enforceable against them in accordance with the provisions of Articles 1119 et seq. of the Civil Code.


ARTICLE 5 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The Seller reserves the right to modify these GTC at any time, in particular to:

  • take into account legislative or regulatory changes;
  • adapt the services offered;
  • improve consumer protection.

However, the GTC applicable to an order remain those in force on the date of validation of that order.

No subsequent modification shall affect the rights acquired by the consumer under a contract already concluded.

ARTICLE 6 – CONTRACTUAL LANGUAGE

These GTC are written in French.

In the event of a translation into another language, the French version alone shall prevail in relations with consumers established in France, subject to any mandatory provisions that may be more protective and applicable in their state of residence.

TITLE II – PRODUCTS AND CONSUMER INFORMATION

ARTICLE 7 – NATURE OF THE PRODUCTS MARKETED

The products offered for sale on the Site are primarily dietary supplements intended to supplement a normal diet.

In accordance with Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 as well as Decree No. 2006-352 of 20 March 2006 regarding dietary supplements, these products constitute foodstuffs.

The products marketed by NEMI do not constitute medicines within the meaning of Article L.5111-1 of the Public Health Code.

They are not intended to:

  • prevent a disease;
  • diagnose a disease;
  • treat a disease;
  • cure a disease.

The information appearing on the Site must under no circumstances be interpreted as medical advice, a diagnosis, a prescription, or a therapeutic recommendation.

The consumer is invited to consult a healthcare professional before any use in case of:

  • pregnancy;
  • breastfeeding;
  • ongoing medical treatment;
  • known pathology;
  • specific medical history.


ARTICLE 8 – ESSENTIAL CHARACTERISTICS OF THE PRODUCTS

In accordance with Articles L.111-1 and L.221-5 of the Consumer Code, the essential characteristics of the products are presented on the descriptive sheets accessible before any order.




The information provided relates in particular, depending on the nature of the product, to:

  • its name;
  • its composition;
  • its ingredients;
  • its nutritional characteristics;
  • its methods of use;
  • its precautions for use;
  • its packaging;
  • its net quantity;
  • its origin when this information is mandatory.

The consumer acknowledges having read this information before any order.


ARTICLE 9 – INFORMATION REGARDING DIETARY SUPPLEMENTS

Dietary supplements must be used in accordance with the recommendations appearing on their packaging or on their descriptive sheet.

They must not be used as substitutes for:

  • a varied and balanced diet;
  • a healthy lifestyle.

It is the responsibility of the consumer to respect the recommended daily doses.

The Seller recommends keeping dietary supplements out of the reach of young children.

Any use not in accordance with the manufacturer's recommendations is the sole responsibility of the consumer.






ARTICLE 10 – REGULATORY INFORMATION AND REGULATION (EU) NO. 1169/2011

The Seller strives to provide consumers with fair, clear, and non-misleading information in accordance with the provisions of Regulation (EU) No. 1169/2011 on the provision of food information to consumers.

The information published on the Site is based on:

  • data provided by the manufacturers;
  • supplier technical sheets;
  • available regulatory documents;
  • information appearing on product labeling.

In the event of a change in a formula, packaging, or labeling by the manufacturer, the information published on the Site may require a reasonable period to be updated.

In the event of a discrepancy between the information on the Site and that on the labeling of the received product, the information on the product packaging prevails.

The consumer is invited to systematically consult the information appearing on the packaging before consumption.

ARTICLE 11 – TRADE NAMES AND PRODUCT PRESENTATION

The trade names, flavor, aromatic, or marketing references used on the Site are established so as not to mislead the consumer regarding the nature, identity, composition, or characteristics of the product.

Any reference to an ingredient in the name, labeling, or presentation of a product must comply with its actual composition and the applicable regulations.


ARTICLE 12 – ABSENCE OF MEDICAL CLAIMS

The Site does not provide medical advice.

The information published on the Site cannot replace:

  • a medical consultation;
  • pharmaceutical advice;
  • a dietetic consultation;
  • appropriate medical monitoring.

No content on the Site should be interpreted as:

  • a promise of a cure;
  • a medical recommendation;
  • a therapeutic prescription;
  • a guarantee of results.

In case of doubt regarding their state of health, the consumer is invited to consult a qualified healthcare professional.

ARTICLE 13 – NUTRITION AND HEALTH CLAIMS

The Seller ensures that any nutrition and health claims used on the Site comply with the provisions of Regulation (EC) No. 1924/2006 on nutrition and health claims made on foods.

When health claims are used, these are based exclusively on the claims authorized by the applicable European regulation.

The Seller reserves the right to modify or delete any information that appears incompatible with changes in regulations or recommendations from competent authorities.

ARTICLE 14 – PRODUCT AVAILABILITY

Product offers are valid as long as they are visible on the Site and within the limits of available stocks.

Indications regarding product availability are provided based on stock information known at the time of consulting the Site.

This information is regularly updated but does not constitute an absolute guarantee of immediate availability.

In case of unavailability after order validation, the consumer will be informed as soon as possible.

The consumer may then choose:

  • a full refund;
  • a credit note;
  • or, with their express agreement, an equivalent product.


ARTICLE 15 – REGULATORY COMPLIANCE

The Seller implements an ongoing compliance policy aimed at ensuring compliance with:

  • the Consumer Code;
  • the Public Health Code;
  • Regulation (EU) No. 1169/2011;
  • Regulation (EC) No. 1924/2006;
  • Directive 2002/46/EC;
  • and any regulation applicable to the marketed products.

Any error, omission, or inaccuracy brought to the Seller's attention will be verified and, if necessary, corrected as soon as possible.

TITLE III – ORDERING, PRICE, AND PAYMENT

ARTICLE 16 – FORMATION OF THE CONTRACT

Product offers presented on the Site constitute an invitation to enter into a contractual relationship.

The sales contract is validly formed when:

  • the consumer selects the desired products;
  • the consumer provides the information necessary for the order;
  • the consumer verifies the details of their order;
  • the consumer accepts these General Terms and Conditions of Sale;
  • the consumer proceeds with the payment of the price.

Before final validation, the consumer may identify any errors and correct them.

Final validation of the order constitutes a firm commitment by the consumer.

A confirmation email is sent to the consumer after validation of the order.

This confirmation includes in particular:

  • the order number;
  • the products ordered;
  • the price paid;
  • the Seller's contact details;
  • these GTC.


ARTICLE 17 – EXCEPTIONAL REFUSAL OF AN ORDER

The Seller reserves the right to refuse or cancel an order only in the following cases:

  • reasonable suspicion of fraud;
  • fraudulent use of a payment method;
  • identity theft;
  • manifest violation of these GTC;
  • previous unsettled dispute.

Any refusal decision shall be justified.

No discretionary refusal can occur without a legitimate reason.


ARTICLE 18 – PRICE

Product prices are indicated in euros (€).

They are displayed inclusive of all taxes (TTC) when required by regulation.

Delivery costs are indicated before final validation of the order.



The consumer is informed of the total price to be paid before any final confirmation.

The applicable price is that displayed at the time of order validation.

An invoice or order confirmation is made available to the consumer after purchase.


ARTICLE 19 – PROMOTIONS AND PRICE REDUCTION POLICY

The Seller may offer temporary promotional operations.

These promotions may take the form of:

  • price reductions;
  • bundled offers;
  • welcome offers;
  • promotional codes;
  • loyalty benefits;
  • seasonal offers.

All price reduction announcements are made in accordance with the provisions of Article L.112-1-1 of the Consumer Code.

When required by regulations, the reference price corresponds to the lowest price charged to all consumers during the thirty (30) days preceding the application of the discount.

Promotions are limited to:

  • the indicated period;
  • the products concerned;
  • available stock.

The Seller retains the documentation necessary to justify the announced price reductions in accordance with its legal obligations.




ARTICLE 20 – PROMOTIONAL CODES

Promotional codes are personal, non-transferable, and must be used in accordance with the terms of the relevant offer.

Unless otherwise indicated:

  • only one promotional code may be used per order;
  • codes cannot be combined;
  • codes cannot be exchanged for cash.

The Seller reserves the right to cancel any benefit obtained fraudulently.


ARTICLE 21 – MANIFEST PRICE ERROR

Despite the care taken in updating the Site, a manifest material error may exceptionally affect the displayed price of a product.

When a price error is obvious and objectively identifiable by a reasonable consumer as resulting from a manifest anomaly, the Seller reserves the right to cancel the order in question.

The consumer will then be immediately informed and fully refunded for any sums paid.

This clause shall not have the effect of limiting the consumer's rights in other circumstances.


ARTICLE 22 – PAYMENT METHODS

Payment is made upon order confirmation.

Accepted payment methods are those indicated on the Site at the time of the order.

Payment is secured by the specialized providers used by the Site.

The Seller does not have access to the consumer's full bank details.

Transactions are processed according to the security protocols implemented by the payment providers.


ARTICLE 23 – FRAUD PREVENTION

In order to ensure the security of transactions and prevent fraudulent use of the Site, the Seller may carry out certain checks before final validation of an order.

These checks are carried out in compliance with the applicable regulations regarding the protection of personal data.

The consumer may be asked to provide additional information to confirm their identity or the legitimacy of the payment.


ARTICLE 24 – RETENTION OF EVIDENCE

Computerized records kept in the systems of the Seller or its providers constitute evidence of the orders and transactions that have taken place.

Data is kept in accordance with applicable regulations and the Seller's legal obligations.


TITLE IV – DELIVERY, TRANSFER OF RISK, AND CONTRACT PERFORMANCE

ARTICLE 25 – DELIVERY ZONES

The products offered on the Site may be delivered to the countries expressly indicated during the ordering process.

Before validating their order, the consumer is informed of eligible destinations as well as any restrictions applicable to certain products.

The Seller reserves the right to refuse an order when local regulations prohibit or restrict the marketing of the product in question.


ARTICLE 26 – DELIVERY TIMES

Delivery times are indicated on the Site before order validation.

These times are provided as estimates based on information provided by partner carriers.

In accordance with Article L.216-1 of the French Consumer Code, unless otherwise indicated to the consumer before the conclusion of the contract, the Seller undertakes to deliver the products within a maximum period of thirty (30) days from the confirmation of the order.

In the event of a delivery delay, the consumer may formally request that the Seller fulfill their obligation within a reasonable additional period.

If performance is not completed within this period, the consumer may terminate the contract in accordance with the provisions of Articles L.216-2 and L.216-3 of the Consumer Code.


ARTICLE 27 – DELIVERY METHODS

Products are delivered to the address indicated by the consumer during the order.

It is the consumer's responsibility to verify the accuracy of the information provided.

The Seller cannot be held responsible for a delivery failure or delay resulting exclusively from an error made by the consumer when entering their contact details.

Delivery is deemed to have taken place when the product is handed over to the consumer or to a third party designated by them.







ARTICLE 28 – SELLER’S FULL LIABILITY

In accordance with Article L.221-15 of the Consumer Code, the Seller is fully liable to the consumer for the proper execution of the obligations resulting from the distance contract.

This liability applies regardless of whether the obligations are performed directly by the Seller or by other providers, such as carriers.

The Seller can only be exempted from its liability in cases strictly provided for by law, particularly when the non-performance or improper performance of the contract is attributable to:

  • the consumer;
  • an unforeseeable and insurmountable act by a third party unrelated to the provision of the services stipulated in the contract;
  • a case of force majeure.

No provision of these T&Cs shall have the effect of reducing or excluding this liability when such a limitation is prohibited by law.


ARTICLE 29 – TRANSFER OF RISK

In accordance with Article L.216-5 of the Consumer Code, any risk of loss or damage to the products is transferred to the consumer at the moment they, or a third party designated by them, physically take possession of the goods.

When the consumer entrusts delivery to a carrier other than that proposed by the Seller, the risk is transferred upon delivery of the goods to the chosen carrier.








ARTICLE 30 – DAMAGED OR NON-COMPLIANT PRODUCT UPON DELIVERY

The consumer is invited to check the apparent condition of the products upon receipt.

In the event of a package that is clearly damaged, incomplete, or deteriorated, it is recommended that the consumer:

  • express precise reservations to the carrier;
  • keep the packaging;
  • contact customer service as soon as possible.

However, the absence of reservations during delivery does not deprive the consumer of the benefit of applicable legal warranties.

ARTICLE 31 – LOST PACKAGES AND TRANSPORT INCIDENTS

In the event of loss, damage, or an incident affecting the transport of the package, the consumer is invited to contact customer service.

The Seller will carry out the necessary checks with the relevant carrier.

When the consumer is not at fault, the Seller will implement an appropriate solution, which may include:

  • a new shipment;
  • a refund;
  • or any other measure adapted to the situation.


ARTICLE 32 – FORCE MAJEURE

Neither party shall be held liable when a breach results from a case of force majeure as defined by Article 1218 of the French Civil Code and French case law.



Events likely to constitute force majeure include, but are not limited to:

  • natural disasters;
  • armed conflicts;
  • acts of terrorism;
  • epidemics or pandemics having a direct impact on the performance of the contract;
  • administrative decisions temporarily preventing the performance of contractual obligations.

The affected party shall inform the other party as soon as possible of the occurrence of such an event.


ARTICLE 33 – CUSTOMER SERVICE AND COMPLAINTS

For any questions relating to an order, delivery, or product, the consumer may contact customer service:

By email: info@mynemi.com

The Seller endeavors to respond to any request or complaint as soon as possible.


TITLE V – RIGHT OF WITHDRAWAL, RETURNS, AND REFUNDS

ARTICLE 34 – LEGAL RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code, the consumer has a period of fourteen (14) calendar days to exercise their right of withdrawal without having to justify their decision or bear any costs other than those provided for by law.

The withdrawal period begins on the day the consumer, or a third party designated by them other than the carrier, physically takes possession of the product.

When multiple products are ordered in a single order and delivered separately, the period begins upon receipt of the last product.


ARTICLE 35 – EXERCISING THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal, the consumer must notify the Seller of their decision before the legal deadline expires.

This notification can be made:

  • using the withdrawal form appended to these T&Cs;
  • or by any clear written statement expressing their wish to withdraw.

The request must be addressed to:

ALDA-MARKET LLC

Service Rétractation

8206 Louisiana Blvd NE, Ste A #1648

Albuquerque, NM 87113

United States

or by email to: info@mynemi.com

The burden of proof regarding the exercise of the right of withdrawal lies with the consumer.

The Seller therefore recommends using a method that allows for proof of dispatch.

ARTICLE 36 – PRODUCT RETURNS

In the event of a valid withdrawal, the consumer has a maximum period of fourteen (14) days from the communication of their decision to return the products concerned.

Products must be returned:

  • complete;
  • in their original condition;
  • with any accessories;
  • in their original packaging when available.

The consumer bears the direct costs of return unless otherwise expressly indicated by the Seller.


ARTICLE 37 – CONSUMER LIABILITY IN CASE OF DEPRECIATION

In accordance with Article L.221-23 of the Consumer Code, the consumer may be held liable for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the product.

No deduction will be made when the handling performed corresponds to that which a consumer would normally be expected to carry out in a physical store.


ARTICLE 38 – REFUND

In the event of a valid withdrawal, the Seller will refund all sums paid by the consumer, including standard delivery costs initially invoiced.

The refund will be made without undue delay and at the latest within fourteen (14) days from the date on which the Seller is informed of the consumer's decision to withdraw.

In accordance with Article L.221-24 of the Consumer Code, the Seller may defer the refund until:

  • actual recovery of the products;


or

  • receipt of proof of shipment of the products,

whichever comes first.

The refund is made using the same payment method as the one used for the order, unless the consumer expressly agrees to another method of reimbursement.

No additional fees will be charged to the consumer for the refund.


ARTICLE 39 – LEGAL EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for, among others:

1. Unsealed products for hygiene or health protection reasons

Goods unsealed after delivery which cannot be returned for reasons of hygiene or health protection.

This exception applies in particular to food supplements when the safety device or tamper-evident seal has been removed after delivery.

2. Products made to the consumer's specifications

Goods made to the consumer's specifications or clearly personalized.

3. Other legal exceptions

Any other exception provided for by Article L.221-28 of the Consumer Code.

When the right of withdrawal cannot be exercised according to the law, this information is clearly brought to the consumer's attention before the conclusion of the contract.

ARTICLE 40 – DEFECTIVE OR NON-COMPLIANT PRODUCTS

The provisions relating to the right of withdrawal are independent of the legal guarantees from which the consumer benefits.

When a product has a lack of conformity or a hidden defect, the consumer retains all their rights under:

  • the legal guarantee of conformity;
  • the guarantee against hidden defects.

The applicable procedures are detailed in Title VI of these T&Cs.



ARTICLE 41 – RETURN PROCEDURE OUTSIDE OF WITHDRAWAL

Apart from exercising the legal right of withdrawal, any return request will be subject to an individual review by customer service.

The Seller may accept a commercial return in certain specific situations without this constituting an acquired right for the consumer.

Any exceptional acceptance remains without prejudice to the legal rights of the consumers.


ARTICLE 42 – STANDARD WITHDRAWAL FORM

The standard withdrawal form is provided in Annex 1 of these T&Cs.

The consumer may use it, but its use is not mandatory.


TITLE VI – LEGAL GUARANTEES AND LIABILITY

ARTICLE 43 – APPLICABLE LEGAL GUARANTEES

All products marketed on the Site benefit from the legal guarantees provided by French law.

These guarantees apply independently of any commercial guarantee that may have been granted.

The consumer is entitled, in particular, to:

  • the legal guarantee of conformity provided for in Articles L.217-3 to L.217-32 of the Consumer Code;
  • the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

No provision of these GTC may limit or exclude the rights granted to the consumer by these texts.







ARTICLE 44 – LEGAL GUARANTEE OF CONFORMITY

The Seller delivers goods that conform to the contract and to the criteria set forth by law.

The Seller is liable for any lack of conformity existing at the time of delivery of the goods and appearing within the applicable legal period.

The consumer has a period of two (2) years from the delivery of the goods to take action under the legal guarantee of conformity.

During this period, the consumer is only required to establish the existence of the lack of conformity and not its date of appearance, subject to the applicable legal provisions.

When the lack of conformity is established, the consumer may obtain:

  • repair of the goods;
  • replacement of the goods;
  • a price reduction;
  • or resolution of the contract,

under the conditions provided for by Articles L.217-8 and following of the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.


ARTICLE 45 – SUMMARY OF LEGAL PROVISIONS REGARDING THE GUARANTEE OF CONFORMITY

The consumer benefits from a period of two years from the delivery of the goods to invoke the legal guarantee of conformity in the event that a lack of conformity appears.

During this period, the consumer is only required to establish the existence of the lack of conformity and not its date of appearance.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods but the Seller requires their replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the goods.

The consumer may obtain a price reduction or resolution of the contract in the cases provided for by law.

The consumer also benefits from the legal guarantee against hidden defects.

ARTICLE 46 – GUARANTEE AGAINST HIDDEN DEFECTS

In accordance with Articles 1641 and following of the Civil Code, the Seller is bound by the guarantee regarding hidden defects in the sold goods that render them unfit for the use for which they were intended, or that diminish this use to such an extent that the consumer would not have acquired them, or would have paid a lower price for them, had they known about them.

The consumer may choose:

  • to return the product and obtain a refund of the price;
  • or to keep the product and obtain a price reduction.

The action resulting from hidden defects must be brought within the period provided for by law.

ARTICLE 47 – IMPLEMENTATION OF GUARANTEES

For any request regarding legal guarantees, the consumer may contact:

NEMI Customer Service: info@mynemi.com




The consumer is asked to specify:

  • their order number;
  • the product concerned;
  • the nature of the defect observed;
  • any useful information allowing for the processing of their request.

The Seller commits to examining every request as soon as possible.


ARTICLE 48 – SELLER'S LIABILITY

The Seller is fully liable for the proper performance of the obligations resulting from the contract concluded with the consumer.

Its liability is exercised under the conditions provided for by the Consumer Code, the Civil Code, and any applicable regulations.

No clause of these GTC shall be interpreted as having the purpose or effect of depriving the consumer of the rights recognized by the mandatory provisions of French law.


ARTICLE 49 – LIMITATIONS OF LIABILITY AUTHORIZED BY LAW

The Seller cannot be held liable when the damage results from:

  • use of the product contrary to the recommendations appearing on its label;
  • failure to observe precautions for use;
  • inadequate storage of the product after delivery;
  • manifest misuse of the product.

The consumer remains responsible for compliance with the usage tips and warnings appearing on the products.

This clause shall not have the effect of limiting the legal guarantees or the mandatory liabilities of the Seller.


ARTICLE 50 – FOOD SUPPLEMENTS AND CONSUMER LIABILITY

The consumer acknowledges that food supplements must be consumed in accordance with:

  • usage tips;
  • recommended daily doses;
  • precautions appearing on the packaging.

The consumer is advised to seek the advice of a healthcare professional in case of doubt regarding the suitability of the product for their personal situation.

The marketed products cannot replace medical treatment, medical monitoring, or a varied and balanced diet.

ARTICLE 51 – NO MEDICAL ADVICE

The content present on the Site is provided for general information purposes.

It does not constitute:

  • a medical diagnosis;
  • a medical consultation;
  • a prescription;
  • a therapeutic recommendation;
  • a promise of a cure;
  • a recommendation from a health authority.

Any decision regarding the consumer's health must be made with the assistance of a qualified healthcare professional.


TITLE VII – CONSUMER REVIEWS AND TRANSPARENCY

ARTICLE 52 – GENERAL PRINCIPLES REGARDING CONSUMER REVIEWS

The Seller attaches particular importance to the transparency of the reviews published on the Site.

The purpose of consumer reviews is to allow users to share their experience regarding the marketed products.

The published reviews do not constitute medical, therapeutic, or scientific advice.

They exclusively reflect the personal experience of their authors.


ARTICLE 53 – COLLECTION OF REVIEWS

In accordance with Articles L.111-7-2 and D.111-17 and following of the Consumer Code, the Seller informs consumers about the methods for collecting, verifying, and publishing reviews.

The published reviews may come from:

  • customers who have effectively placed an order;
  • users who have freely shared their experience.

When the term "verified purchase" or any equivalent term is used, the Seller implements reasonable and proportionate measures intended to verify that the review indeed originates from a consumer who has purchased the product concerned.



ARTICLE 54 – MODERATION OF REVIEWS

The Seller reserves the right to refuse or delete a review that is:

  • manifestly unlawful;
  • abusive;
  • defamatory;
  • discriminatory;
  • fraudulent;
  • unrelated to the product concerned;
  • contrary to applicable laws and regulations.

Moderation does not apply to the positive or negative opinion expressed by the consumer.






ARTICLE 55 – TRANSPARENCY AND INTEGRITY OF REVIEWS

The Seller refrains from:

  • knowingly publishing fake reviews;
  • artificially altering ratings;
  • manipulating evaluations;
  • presenting a review as verified that has not been subject to appropriate verification.

Any anomaly brought to its attention is subject to verification and, if necessary, correction as soon as possible.


TITLE VIII – PERSONAL DATA AND INTELLECTUAL PROPERTY

ARTICLE 56 – PROTECTION OF PERSONAL DATA

The processing of personal data is carried out in accordance with:

  • Regulation (EU) 2016/679 of 27 April 2016 (GDPR);
  • Act No. 78-17 of 6 January 1978, as amended.

The methods of data collection and processing are detailed in the Privacy Policy accessible on the Site.

The consumer has, in particular, the following rights:

  • right of access;
  • right to rectification;
  • right to erasure;
  • right to restriction;
  • right to object;
  • right to portability.

Any request can be sent to dpo@mynemi.com





ARTICLE 57 – INTELLECTUAL PROPERTY

All elements present on the Site are protected by provisions relating to intellectual property.

Protected items include, in particular:

  • trademarks;
  • logos;
  • texts;
  • photographs;
  • illustrations;
  • videos;
  • databases;
  • editorial content.

Any unauthorized reproduction, representation, or exploitation is prohibited.


TITLE IX – MEDIATION AND DISPUTE RESOLUTION

ARTICLE 58 – PRELIMINARY CLAIMS

Any claim must be addressed as a priority to customer service:

ALDA-MARKET LLC: info@mynemi.com

The Seller strives to respond as soon as possible.

ARTICLE 59 – CONSUMER MEDIATION

In accordance with Articles L.612-1 and following of the Consumer Code, the consumer has the possibility of using a consumer mediator free of charge for the amicable resolution of a dispute.

The mediator designated by the Seller is:


CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice

49 Rue de Ponthieu

75008 Paris France



Website:

www.cm2c.net

The consumer may contact the mediator after having first attempted to resolve the dispute directly with the Seller.


ARTICLE 60 – EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM

The European Commission provides an online dispute resolution platform accessible at the following address:

https://ec.europa.eu/consumers/odr

The consumer may use this platform to attempt to resolve a dispute related to a purchase made on the Site.


ARTICLE 61 – APPLICABLE LAW

These GTC are governed by French law.

However, when the consumer resides in another member state of the European Union, they also benefit from the protection of the mandatory provisions of their national law when they are more favorable.


ARTICLE 62 – COMPETENT JURISDICTIONS

In the event of failure of amicable efforts, the dispute may be brought before the competent courts in accordance with the rules of the Consumer Code, the Code of Civil Procedure, and applicable European regulations.

No clause of these GTC has the purpose or effect of depriving the consumer of the right to seize the competent court provided for by law.





TITLE X – FINAL PROVISIONS

ARTICLE 63 – FORCE MAJEURE

Neither party shall be held liable when an event of force majeure within the meaning of Article 1218 of the Civil Code prevents the execution of its obligations.

The party concerned shall inform the other party as soon as possible.


ARTICLE 64 – PARTIAL INVALIDITY

If any provision of these GTC is declared null, illegal, or inapplicable, the other stipulations shall remain fully applicable.


ARTICLE 65 – ENTIRE AGREEMENT

These GTC constitute the entire agreement concluded between the consumer and the Seller regarding sales made on the Site.

APPENDIX 1 – MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to exercise your right of withdrawal.)

To the attention of:
ALDA-MARKET LLC – Withdrawal Service
8206 Louisiana Blvd NE, Ste A #1648
Albuquerque, NM 87113 – USA
Email address: info@mynemi.com

Withdrawal statement

I/We (*) hereby notify/notify (*) you of my/our (*) withdrawal from the contract for the sale of the goods below:

Product(s) concerned
..............................................................................
..............................................................................

Order number
..............................................................................

Ordered on
...... / ...... / ........

Received on
...... / ...... / ........

Name of the consumer(s)
..............................................................................

Consumer(s) address
..............................................................................
..............................................................................

Email address used for the order
..............................................................................

Telephone (optional)
..............................................................................

Signature of the consumer(s)
................................................................

Date
...... / ...... / ........

Important information

In accordance with Articles L.221-18 et seq. of the Consumer Code:

  • the consumer has a period of fourteen (14) days from receipt of the product to exercise their right of withdrawal;
  • products must be returned within fourteen (14) days following the communication of the decision to withdraw;
  • the direct costs of return remain the responsibility of the consumer unless stated otherwise;
  • certain products may be excluded from the right of withdrawal in the cases provided for in Article L.221-28 of the Consumer Code, notably food supplements that have been unsealed for reasons of hygiene or health protection.

Section reserved for the consumer

Notification method:
☐ Registered mail  ☐ Standard mail  ☐ Email  ☐ Other

Shipment reference: ............................................
Date of shipment: ...... / ...... / ........

ANNEX 2 – INFORMATION ON LEGAL GUARANTEES

Consumer information on their legal rights

The purpose of this notice is to inform the consumer about the legal guarantees they benefit from when purchasing a product marketed by ALDA-MARKET LLC on the website www.mynemi.com.

The legal guarantees apply independently of:

  • any commercial guarantee that may be offered;
  • the right of withdrawal;
  • any commercial policy of the Seller.

No contractual provision may limit or remove these guarantees.

I. LEGAL GUARANTEE OF CONFORMITY

In accordance with Articles L.217-3 et seq. of the Consumer Code, the seller delivers goods that comply with the contract as well as the objective criteria of conformity provided for by law.

The seller is liable for any lack of conformity that exists at the time of delivery of the goods and appears within the applicable legal period.

The consumer notably has:

  • a period of two (2) years from the delivery of the goods to take action;
  • the right to obtain the conformity of the product;
  • the right to obtain, as the case may be, the repair or replacement of the goods;
  • the right to a price reduction or to the termination of the contract in the situations provided for by law.

Implementation of the guarantee

The conformity of the goods is carried out:

  • at no cost to the consumer;
  • within a reasonable time;
  • without major inconvenience to the consumer.

Presumption of anteriority

The consumer is not required to demonstrate the origin of the defect when the legal conditions for presumption are met.

II. GUARANTEE AGAINST HIDDEN DEFECTS

In accordance with Articles 1641 et seq. of the Civil Code:

The seller is bound by the guarantee against hidden defects of the product that render it unfit for the use for which it was intended or that diminish such use to such an extent that the consumer would not have acquired it or would have given a lower price for it had they known about them.

The consumer may choose:

Option 1
Return the product and obtain a refund of the price.

Option 2
Keep the product and obtain a reduction in the price.

Limitation period
The action resulting from hidden defects must be brought within a period of two years from the discovery of the defect.

III. GUARANTEES AND RIGHT OF WITHDRAWAL

The legal guarantees are independent of:

  • the right of withdrawal;
  • commercial returns;
  • any commercial gestures possibly granted.

The expiry of the withdrawal period does not affect the consumer's rights under the legal guarantees.

IV. HOW TO EXERCISE A GUARANTEE?

The consumer may send their request to:

ALDA-MARKET LLC – Customer Service – Legal Guarantees
8206 Louisiana Blvd NE, Ste A #1648
Albuquerque, NM 87113 – United States
Email: info@mynemi.com

The request must, as far as possible, include:

  • the order number;
  • identification of the relevant product;
  • a description of the problem encountered;
  • any useful supporting evidence (photographs, documents, etc.).

V. SELLER'S COMMITMENT

ALDA-MARKET LLC undertakes to examine any request made under the legal guarantees as soon as possible.

The company ensures compliance with the rights granted to consumers by:

  • the Consumer Code;
  • the Civil Code;
  • the applicable European regulations.

No provision of these General Terms and Conditions of Sale shall be interpreted as limiting the mandatory rights granted to consumers.

ANNEX 3 – CM2C MEDIATOR CONTACT DETAILS

CM2C
49 Rue de Ponthieu
75008 Paris
France
www.cm2c.net

ANNEX 4 – OPERATIONAL PROCEDURE FOR CONSUMER REVIEW CONTROL

Purpose

This procedure defines the internal controls implemented by NEMI to ensure the compliance of consumer reviews published on the website www.mynemi.com.

Prior control

Before publication, the teams carry out, where technically possible, the following checks:

  • consistency of the email address;
  • consistency of the order;
  • consistency of the relevant product;
  • absence of duplication;
  • absence of clearly fraudulent content.

Monthly control

Each month, a check is carried out to detect:

  • duplicated reviews;
  • abnormally identical ratings;
  • unusual volumes of reviews;
  • linkage inconsistencies.

Annual control

A complete review of the review system is carried out once a year.

This review notably covers:

  • collection methods;
  • verification mechanisms;
  • traceability;
  • deletion procedures.

Corrective measures

Any anomaly detected leads to:

  • an analysis;
  • a corrective measure;
  • written documentation;
  • a verification of the effectiveness of the correction.

ANNEX 5 – REVIEW TRACEABILITY REGISTER

For each published review, NEMI retains, where this information is available:

  • internal identifier;
  • date of submission;
  • date of publication;
  • relevant product;
  • order reference;
  • verified or unverified status;
  • date of control;
  • validation or deletion decision.

Retention period: 5 years minimum.

ANNEX 6 – CONSUMER REVIEW COMPLIANCE OFFICER

Management appoints a Review Compliance Officer.

Their duties notably include:

  • monitoring compliance with the Charter;
  • supervising verifications;
  • validating audits;
  • processing reports;
  • ensuring relations with administrative authorities.

The Compliance Officer draws up an annual report submitted to management.

ANNEX 7 – PERIODIC PURGE PROCEDURE

A complete review of published reviews is carried out at least every twelve months.

The following are deleted:

  • reviews whose origin can no longer be verified;
  • reviews whose supporting documents are incomplete;
  • clearly fraudulent reviews;
  • reviews no longer complying with this Charter.

Any deletion is subject to internal traceability.