§ 1 General Information

Your contractual partner for all orders within the scope of this online offer is SYLM, acting as sole proprietor of the Rex Appeal project, hereafter referred to as "Rex Appeal".

All deliveries from Rex Appeal to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Rex Appeal and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Rex Appeal has agreed to them in writing.

§ 2 Responsibility for Online Offer

Rex Appeal is responsible for the articles and motifs offered on this website as well as the overall design of the shop.

§ 3 Conclusion of the Contract

(1) The "offers" contained on the website represent a non-binding invitation for the customer to place an order with Rex Appeal.

(2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. The following languages are currently available for the ordering process: English, French.

Then Rex Appeal sends an order confirmation via e-mail to the customer. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Rex Appeal.

The contract only materialises when Rex Appeal dispatches the product ordered to the Customer and confirms the dispatch to the customer with a second e-mail (“Shipping Confirmation”). The details of the order can also be viewed online in the user profile under "My account" on www.rexappeal.info.

(3) The conclusion of the contract shall depend on punctual and correct supply of the goods to Rex Appeal. This proviso shall not apply in the event of short-term disruption to deliveries or if Rex Appeal can be held responsible for non-delivery, in particular if Rex Appeal fails to make a congruent hedging transaction in good time. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.

§ 4 Delivery / Shipment

(1) In principle, delivery is made once a week, within three weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Rex Appeal in writing.

(2) Delivery is available woldwide: More information can be found during the purchasing process.

(3) Delivery shall be conducted by a shipment service provider chosen by Rex Appeal. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to. Current shipping prices can be viewed during the purchasing process.

(4) If in exceptional circumstances delivery is not possible within the period of three weeks after conclusion of the contract mentioned in (1), Rex Appeal shall promptly inform the customer about it in writing, at the latest with the expiration of this time limit. The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing.

(5) Pre-sales are special offers published before printing of the related products. These products will be delivered at a date indicated during the purchasing process and cannot be ordered along with non pre-sale products.

§ 5 Prices

(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing is charged for separately and shown separately in the invoice. The delivery address is definitive.

(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.

(3) The customer has to pay shipping and handling, which may depend on order value, order weight and the delivery location. Current shipping prices can be viewed during the purchasing process.

(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.

§ 6 Payment

(1) Payment will be carried out by credit card or other payment methods through PayPal® service. Rex Appeal reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.

(2) In case of the method of payment chosen by the customer not being practicable, where Rex Appeal has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by Rex Appeal or a third party which carried out the transaction.

(3) Rex Appeal is entitled to make use of the services of trustworthy third parties for the handling of the payment:

a) If it comes to a default of payment of the customer, Rex Appeal is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.

b) In the case of intervention of third parties in the handling of payments, then payment in relation to Rex Appeal only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.

§ 7 Conditional Sale

(1) Up to the payment of any monies owed to Rex Appeal the goods remain the property of Rex Appeal. If the customer is a merchant, Rex Appeal remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.

(2) The customer is obliged to handle the product with care up to the transfer of ownership.

§ 8 Guarantee

(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Rex Appeal for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.

(2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.

(3) In the case of return shipments due to defects Rex Appeal will also pay for the cost of postage.

(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und/or available at any time. Thus, Rex Appeal shall not be liable for the continuous and uninterrupted availability of the online offer.

(5) The claims of the customer from warranty need as a prerequisite that they, as far as the customer is a merchant, have met their due obligations of examination and censure according to the French Commercial Code.

(6) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.

§ 9 Limitation of Liability

(1) Apart from that, liability on the part of Rex Appeal follows statutory provisions, insofar as nothing else is determined in these general terms and conditions. Rex Appeal only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Rex Appeal also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Rex Appeal´s liability is limited to the payment of the foreseeable, typically occurring damage.

(2) As far as liability of Rex Appeal is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Rex Appeal.

§ 10 Notice and information about right of cancellation

(1) Notification of cancellation policy

You are entitled to revoke your contractual statement in writing by postal letter within 14 days without giving any reasons or – if the goods have been delivered to you before the end of that period – also by returning the goods. The period begins following receipt of this notice in writing, however not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first part-delivery) and also not before performance of our duties to inform. The cancellation period shall be deemed to be observed if notice of cancellation or the goods are sent in good time. Notice of cancellation is to be sent to:

Rex Appeal
Frédéric Andrieux
77 bis avenue d'Italie
75013 Paris
France

In case of an effective cancellation, any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods and benefits (e.g. from use) to us or only in a deteriorated condition, you must compensate us accordingly. You shall not be required to compensate any lost value for the deterioration of the goods and for derived benefits insofar as said use and deterioration can be attributed to the inspection of the properties and the operational capability of the goods. “Inspection of the properties and operational capability” is taken to mean the testing and trying out of the respective goods as is possible and customary in, for example, a retail store. Goods which can be shipped as parcels are to be returned at our risk. You shall be required to pay the regular costs of the return if the goods delivered do not differ from those ordered and the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Goods which are not able to be shipped as parcels shall be collected from you by us. Any obligations to reimburse payments must be met within 30 days. This period begins for you when you send either your notification of cancellation or the goods, and for us on receipt.

(2) The right to cancel does not exist for goods produced to the customer's specifications or which are clearly tailored to the customer's personal needs.

(3) If the contract is cancelled, Rex Appeal also bears the cost of sending the goods to the consumer (original delivery costs).

§ 11 Technical and Design Deviations

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

§ 12 Data Protection

Rex Appeal uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address) for ordering products are used by Rex Appeal for fulfillment and handling of the contract. This data is treated confidentially by Rex Appeal and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Rex Appeal has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

§ 13 Place of Jurisdiction – Place of Fulfillment – Choice of Law

(1) Place of fulfillment for all services is the place of business of Rex Appeal in Paris.

(2) As far as the customer is a merchant, a legal entity under public law or special fund under public law, then Paris is the place of general jurisdiction. In such case, Rex Appeal is also entitled to sue the customer according to the opinion of Rex Appeal at their resident court. The same applies if the customer does not have their place of general jurisdiction in France, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.

(3) According to these general terms and conditions the agreement is exclusively subject to the law of France. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer and is generally not resident in France, the mandatory regulations of this country remain unaffected.

(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.

Version 05/2012