Terms and conditions
Area of application

These terms and conditions apply to all purchases from Meriem Lebdiri, made by private clients.

Private clients in this sense are persons with residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.

Conclusion of a contract

The presentation of our goods and the granting of the possibility to place an order constitutes a concrete offer on our part to conclude a purchase contract.

By placing your order, you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by email to the email address you provided.

Prices and shipping costs

The prices quoted are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the item(s) you ordered. You can find out about the details at https://meriemlebdiri.de/versand In the event of the return of goods, you must pay the shipping costs incurred by you in exercising your right of withdrawl at that time. 

Payment methods

Payment shall be made before delivery through

            – Apple Pay

            – Google Pay

            – Credit Card

            – Direkt Banktransfer

            – PayPal

            – Klarna

Late payment

If you are late with payment, Meriem Lebdiri is entitled to claim interest on arrears at a rate of 5 % above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Meriem Lebdiri has demonstrably incurred a higher damage caused by default, Meriem Lebdiri is entitled to assert this.

Right of retention

The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer, within

            – Europe

            – US + Canada

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Meriem Lebdiri's obligation to perform is excluded. Amounts already paid will be refunded by Meriem Lebdiri immediately.

(3) Meriem Lebdiri may also refuse performance insofar as this requires an effort that is grossly disproportionate to the client's interest in the fulfilment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded by Meriem Lebdiri immediately.

(4) Bulky goods (parcels with a larger volume than 1 sqm) are usually delivered by a forwarding agent. Meriem Lebdiri expressly points out that these goods are not carried into the house.

Shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if this should be damaged by an opening for functional testing.

(2) If you wish to return products that you have already purchased, you are obliged to purchase a return label at your own expense. The costs incurred for the return cannot be borne or refunded by Meriem Lebdiri. Send the return to: 

Zenfulfillment / FIEGE
c/o Meriem Lebdiri
Tor 19/20/21
Sülzenbrücker Str. 7
D-99192 Apfelstädt

Reservation of ownership
The delivered goods remain the property of Meriem Lebdiri until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the client may neither resell nor dispose of the goods; in particular, the client may not contractually grant third parties any use of the goods.
Warranty rights

(1) A product that is already defective upon delivery (warranty case) will be replaced by a defect-free one or professionally repaired by Meriem Lebdiri at the client's option and at Meriem Lebdiri's expense (supplementary performance). It is pointed out to the client that there is no case of warranty if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:

  1. a) in the event of damage caused to the customer by misuse or improper use,
  2. b) in the event of damage caused by the products having been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Meriem Lebdiri does not provide any warranty for a defect caused by improper repair by a service partner not authorised by the manufacturer.

(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the dictates of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim is limited to the respective other type of supplementary performance. The right of Meriem Lebdiri to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected. 

(4) Both in the case of repair and in the case of replacement, the customer is obliged to send the product at Meriem Lebdiri's expense to the return address provided by it, stating the order number. Before sending in the product, the customer must remove any objects inserted by him from the product. Meriem Lebdiri is not obliged to inspect the product for the insertion of such items. Meriem Lebdiri shall not be liable for the loss of such items unless it was readily apparent to Meriem Lebdiri at the time of taking back the Product that such an item had been inserted into the Product (in which case Meriem Lebdiri shall inform the Client and hold the item ready for collection by the Client; the Client shall bear the costs incurred in doing so). The Client shall also, before sending a Product for repair or replacement, make separate back-up copies of the system software, applications and all data on the Product on a separate data carrier, if applicable, and deactivate all passwords. No liability is assumed for loss of data. Likewise, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords. 

(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for lost value shall not apply to the return of a defective product in the event of a warranty claim,

  1. a) if the defect entitling to withdrawal has only become apparent during processing or transformation,
  2. b) if Meriem Lebdiri is responsible for the deterioration or loss or if the damage would also have occurred at Meriem Lebdiri,
  3. c) if the deterioration or loss occurred at the customer's premises although the customer exercised the care that he is accustomed to exercising in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The customer may choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time. 

(8) In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions. 

(9) The legal warranty of Meriem Lebdiri ends two years after delivery of the goods. The period begins with the receipt of the goods.

Liability

(1) In the event of slight negligence, Meriem Lebdiri shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply in the case of injury to life, body and health. Meriem Lebdiri is not liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Irrespective of any fault on the part of Meriem Lebdiri, any liability on the part of Meriem Lebdiri in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by Meriem Lebdiri.

(3) Meriem Lebdiri is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.

(4) The personal liability of the legal representatives, vicarious agents and employees of Meriem Lebdiri for damage caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Meriem Lebdiri is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Legal venue

If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the registered office of the operator of this online shop:

Meriem Lebdiri
C4, 6
68159 Mannheim

Dispute settlement

General information requirements for alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides an online dispute resolution (ODR) platform, which you can find at this address: https://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Final clauses

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.

(2) Amendments or supplements to this contract must be made in writing.

EN