Terms of use - 58Products

General Terms and Conditions of Sale

of FIFTYEIGHT 3D Animation & Digital Effects GmbH

FOR ONLINE STORE CUSTOMERS (CONSUMERS)

Last actualized: 11.06.2018

1. Scope

The following T&Cs apply to all orders placed via our online shop.

2. Contractual partners, formation of contract

The purchase contract is concluded with FIFTYEIGHT 3D Animation & Digital Effects GmbH.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text
The languages available for concluding the contract are German and English.

We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.

4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.

5. Payment

The following payment methods are basically available in our online shop:

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Cash on delivery
You will directly pay the purchase price with the deliverer.

Credit Card
With the submission of the order, you are sending us your credit card details at the same time. After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.

PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

SOFORT Online Bank Transfer
After placement of the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFORT, you must have an online banking account with PIN/TAN process for participating in SOFORT, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.

6. Revocation
If you are shopping for purposes assigned neither predominantly to your commercial nor to your self-employed occupation and if you are thus ordering as a consumer, you are entitled to a right of withdrawal according to the following withdrawal instruction:

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Instructions on cancellation
Consumers have a 14 days right to cancel.
Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (FIFTYEIGHT 3D Animation & Digital Effects GmbH, Lindleystraße 12, 60314 Frankfurt am Main, hello@58products.com, Deutschland, Phone: +49.69.48 000 55.0, Fax: +49.69.48 000 55.15) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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Model cancellation form

(If you want to cancel the contract, please fill out the form below and send it back to us)

To
FIFTYEIGHT 3D Animation & Digital Effects GmbH
Lindleystraße 12
60314 Frankfurt am Main
Fax: +49.69.4800055.15
E-Mail: hello@58products.com

I/we (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*):

___________________________________________________________________________

___________________________________________________________________________

Ordered on (*)/received on (*):

___________________________________________________________________________

Name of consumer(s):

___________________________________________________________________________

Address of consumer(s):

___________________________________________________________________________

Signature of consumer(s) (only for notification on paper):

______________________________________________

Date:

_________________

(*) Delete as appropriate

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7. Retention of title
The goods shall remain our property until full payment is made.
8. Damage during delivery

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
Customer service: Our customer service is available for queries, complaints and claims on working days from 9 a.m. to 6 p.m. via email at hello@58products.com.
10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/.

Additional Information

Ordering process

Once you have found the desired product, you can add it to your shopping basket without obligation by clicking the button [Add to basket]. You can view the content of the shopping cart at any time without any obligation by clicking the button [Basket] in the top right corner of the page. You can remove products from the cart by clicking on the button [Delete] at any moment. In order to purchase the products in your shopping cart, click on the button [Go to checkout] or [Checkout]. Next, please proceed to enter your personal information. All mandatory fields are marked with a * on the page. Registration is not required for purchase. Your personal data will be transmitted in encrypted form and cannot be viewed by third parties. After entering your personal data and choosing your mode of payment, clicking the button [Next] will lead to the ordering page with a chance to review all your ordering information once more. Clicking the button [Complete order] will confirm your order and complete the ordering process. This process can be aborted at any time by closing the browser window. Additional information can be found on each page of the ordering process.

Wording of a contract

The wording of the contract will be stored internally in our system. The contract language is German. Our Terms of Service can be viewed at any time. You will receive your order information together with a link to our Terms of Service via e-mail.

Dispute Resolution

The European Commission also provides a platform for online dispute resolution (ODR). This is available at http://ec.europa.eu/consumers/odr/. However, we are neither under any obligation nor willing to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board.

Data protection

We thank you for your interest in our website. We want you to know that we take great care in the protection of your private data. In following, you can find some detailed information about the usage of your data.

Collection, processing and utilization of personal data

You may visit our website without providing any personal details. We merely store access data which is not personally identifiable. This information will only be used to evaluate our website service offer, and we are not able to draw any personal references from it. Personal data will only be collected if you supply it voluntarily, for example to carry out an order or when subscribing to our newsletter. We use the data that you have provided without your separate consent exclusively for the purpose of fulfilling and processing your order. With the full execution of the contract and the complete payment of the purchase price, your data will be blocked for further use and will be deleted upon expiration of the retention period in line with fiscal and commercial law requirements unless you have explicitly accepted the further use of your data. When registering for the newsletter, your e-mail address will, with your consent, be used for in-house advertising purposes until you unsubscribe from our newsletter. You may unsubscribe at any time.

Use of cookies

We use cookies on various pages in order to make our website more attractive to visitors and to enable the use of certain functions. Cookies are small text files that are saved on your computer. Most of the cookies we use will automatically be deleted from your computer after the conclusion of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognize your computer during your next visit (so-called permanent cookies). Those cookies are used to speed up follow-up orders without the need to submit your personal data when ordering again. Our partner companies are not permitted to use cookies to obtain, edit or use personal details from our website.

Creating pseudonymous user profiles for web analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called Cookies, text files which are stored on your computer and which allows an analysis of the use of the website by you. The information generated by the Cookie about your use of this website (including your IP address) is transferred to a server by Google in the USA and is stored there. In case of activating IP anonymization on this website, your IP address will be shortened beforehand by Google within member states of the European Union or other contractual states for the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and shortened there. On the request of the proprietor of this website, Google will use this information to evaluate your use of the website in order to put together a report about the website activities for the website operators and to produce linked services with the website use and the Internet use. The IP address transmitted by your browser during Google Analytics will in no circumstances be associated with the other data which are stored by Google. You can prevent the installation of the Cookies by a suitable setting of your browsers software; we point out to you, nevertheless, the fact that you cannot use all functions of this website in this case if necessary fully extensively.

Additionally, you may prevent the collection of data gathered through Cookies about your use of this website (including your IP address) by Google as well as processing of this data by Google by downloading and installing a browser plug-in available at the following address: https://tools.google.com/dlpage/gaoptout?hl=en

Use of AddThis Plug-ins (Facebook & Twitter)

Our website uses so-called “Social Plug-ins” (“Plug-ins”) by bookmarking service provider AddThis, which is operated by AddThis LLC, Inc. 8000 Westpark Drive, Suite 625, McLean, VA 2210, USA („AddThis“). These Plug-Ins are usually marked by the AddThis logo, for example in the shape of a white “plus” sign on orange background. An overview of AddThis Plug-Ins and their appearance can be found here: https://www.addthis.com/get/sharing.

When you are accessing a page of our Website containing such a Plug-In, your browser will automatically establish a connection to the AddThis servers. The contents of the Plug-In will be delivered by AddThis directly to your browser and implemented into the page. Through this implementation, AddThis receives the information that your browser has accessed the respective page of our Website and for the identification of your browser stores a cookie on your access device. This information (including your IP address) is transmitted by your browser directly to an AddThis server in the U.S. where it is stored. AddThis uses this data for the creation of anonymized user profiles that are the basis of personalized an interest-based advertising addressed to users of websites and AddThis Plug-Ins.

Please consult the AddThis privacy policy for the further processing and use of data by AddThis, available at: http://www.addthis.com/privacy

If you would like to opt out of the collection of data by AddThis in the future, you can install a so-called Opt-Out-Cookie, which can be downloaded at the following link: http://www.addthis.com/privacy/opt-out

You can also block the loading of AddThis Plug-Ins by using Add-Ons for your browser, e.g. the script blocker “NoScript” (http://noscript.net/).

Dissemination of personal data

We pass on certain data to the responsible shipping company, but only the information that is necessary for the safe and fast delivery of the merchandise. For the processing of payments, we pass on the relevant data to the authorized banking institution.

Right of access

In accordance with the (German) Federal Data Protection Act, you have a right to be provided with information free of charge relating to your stored data and, where applicable, the right to the rectification, erasure or blocking of your data.

Point of contact for data protection

For questions concerning collection, processing or use of your personal information, or for questions concerning accessing of information, amendments, suspension or deletion of data, as well as repealing of previously given authorization, please contact:

Marc Eckart, FIFTYEIGHT 3D GmbH, Lindleystraße 12, 60314 Frankfurt am Main, Germany Fax: +49 (0)69.4800055-15, e-mail: hello@58products.com

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General Terms and Conditions of Business (Entrepreneurs)

of FIFTYEIGHT 3D Animation & Digital Effects GmbH (FIFTYEIGHT PRODUCTS), Lindleystrasse 12, D-60314 Frankfurt am Main, b2b@58products.com

for Entrepreneurs.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

A. General Terms and Conditions of Business (“B2B”)

§ 1 Scope

(1) The subject of these General Terms and Conditions is the regulation of the contractual conditions of all contracts between entrepreneurs - hereinafter referred to as customers - and FIFTYEIGHT 3D Animation & Digital Effects GmbH (FIFTYEIGHT PRODUCTS) - hereinafter referred to as 58P. These General Terms and Conditions therefore apply to all transactions of 58P with their customers.

(2) All deliveries and services from 58P are provided under the following conditions, unless otherwise expressly agreed in writing either in general or by individual agreement with 58P or their contracting partners. Conflicting terms and conditions of the customer apply only with the written consent of 58P.

§ 2 Offer and Conclusion of Contract

(1) The presentation of products in the online shop is not at any time a legally binding offer but merely a non-binding online catalog. The customer may first place products in the shopping cart without obligation and correct entries at any time before submitting the binding order using the correction tools provided for this purpose during the ordering process. By clicking on the order button, a binding order for the goods in the shopping cart is placed. Confirmation of receipt of your order is sent by email. The customer’s orders constitute a binding offer, regardless of whether the offer is made in writing, orally, electronically, or otherwise.

(2) 58P may accept this offer at its discretion within 4 weeks either by sending an order confirmation or by delivering the ordered goods within this period.

§ 3 Pricing

(1) Deliveries are carried out and invoiced at the currently valid prices listed in the catalogs, price lists, and brochures (latest valid version) or in the electronic information media.

(2) The prices published by 58P are final prices in EURO including VAT (hereinafter referred to as shop prices). The prices for publishing products such as books and e-books are subject to price fixing in the Federal Republic of Germany (unless otherwise noted).

Changes in the shop price, errors, and delivery possibilities are reserved.

§ 4 Shipping/Packaging Costs

Please refer to the country list in our current price list for applicable shipping costs. Shipping costs for countries without a flat shipping fee and for larger volumes upon request.

§ 5 Orders and Delivery Disruptions

(1) Orders are generally processed without a special order confirmation at the currently valid shop prices. The delivery time begins upon receipt of the order. If an agreed delivery date is exceeded by more than 4 weeks, the customer is entitled to set a subsequent deadline of 6 weeks and to withdraw from the contract after this period expires unsuccessfully. The withdrawal must be made in writing. Further claims are excluded. Partial deliveries are permissible; in case of timely partial delivery, withdrawal is not possible.

(2) In case of delivery obstacles, we reserve the right to withdraw. Compensation claims by the customer are excluded in this case. Re- and cancellation orders can only be considered if they are received before the processing of the original order.

(3) If the customer does not accept the goods, we are entitled to withdraw from the contract or claim damages for non-performance. In the latter case, we are entitled to demand either 10% of the order value without proof of damage or compensation for the actual damage incurred.

§ 6 Delivery and Shipping

All shipments are made at the customer’s risk and expense from the moment of dispatch, even if the loss or deterioration is due to chance or force majeure. We do not provide compensation for lost or damaged shipments during transport. If delivery is delayed at the customer’s request, the risk passes to the customer upon notification of readiness for shipment. All shipments are sent by the method we deem most favorable. Special shipping requests must be explicitly stated for each order. Any additional costs incurred will be charged, and redirection of direct deliveries is only possible in exceptional cases. We reserve the right to charge the customer for any additional costs. In any case, a completed shipping address label must be attached.

§ 7 Liability

I. Warranty for Defects
(1) The customer must inspect the goods for defects within a reasonable period; the defect report is timely if it is received by 58P within a period of ten working days from receipt of goods, or in the case of hidden defects, from discovery. The postmark date is decisive. Defects reported late will not be considered and are excluded from the warranty. Defect reports must be submitted in writing to b2b@58products.com, stating the customer number, order number, item number, quantity, the reason for the complaint, and clear photos. In the case of justified defect reports, rework or replacement delivery will be provided, and the provisions on delivery time apply accordingly.

(2) The existence of a defect communicated by a valid defect report entitles the customer to the following rights:
(a) In the event of defectiveness, the customer has the right to request subsequent performance from 58P. The choice of whether a new delivery or defect repair is provided lies at the discretion of 58P.
(b) Furthermore, 58P has the right, after a failed attempt at subsequent performance, to make another attempt, at its discretion. Only after repeated failure is the customer entitled to withdraw from the contract.
(3) Further claims by the customer, particularly claims for damages, including lost profits or other financial losses, are excluded, except where they result from intent or negligence, the assumption of a quality guarantee, or damage to life, body, or health. This exclusion of liability also applies to the personal liability of employees, representatives, and vicarious agents.

(4) The limitation period for claims against businesses pursuant to § 14 BGB is 12 months.

II. Compensation
Irrespective of the warranty provisions and other specific regulations contained in these conditions, the following applies in the event of a breach of duty by 58P:
(1) The customer must grant 58P a reasonable grace period for subsequent performance of at least 3 weeks. Only after the unsuccessful expiration of the grace period is the customer entitled to withdraw from the contract and/or claim compensation.
(2) Further claims by the customer, particularly claims for damages, including lost profits or other financial losses, are excluded, except in cases of intent or negligence, the assumption of a quality guarantee, or damage to life, body, or health.
(3) Compensation for non-performance (§ 280 BGB III in conjunction with § 281 BGB) and for delay damages (§ 280 II in conjunction with § 286 BGB) is limited to the negative interest. Compensation for non-performance of service (§ 282 BGB) is limited to the purchase price. Compensation in case of exclusion of the duty to perform (impossibility) is excluded.
(4) If the customer is solely or predominantly responsible for circumstances that would justify withdrawal or if the circumstance occurred during the customer's delay in accepting, withdrawal is excluded. 58P is not liable for damages caused by simple negligence by 58P, its legal representatives, or vicarious agents. This applies regardless of the legal nature of the asserted claim, particularly for default, other breaches of duty, or tort. This limitation of liability does not apply to damages resulting from injury to life, body, or health or the violation of essential contractual obligations.

§ 8 Returns

Returns from firm orders without a right of return generally require our prior consent and a return form. The reference data and a copy of the invoice or delivery note must be provided! Technical defective copies are excluded.

Only saleable copies in original packaging are accepted and credited. Copies that are out of print, soiled, damaged, or labeled with stickers or price tags, and old editions that are no longer available for delivery, are considered unsaleable. Unsaleable copies will not be credited. There is no entitlement to return. For incorrect deliveries caused by us, we will provide replacement or credit for the full value of the ordered goods.

§ 9 Currency

All deliveries are invoiced in EURO and must also be paid in this currency.

§ 10 Retention of Title

All goods remain the property of FIFTYEIGHT 3D Animation & Digital Effects GmbH until full payment of the purchase price.

§ 11 Severability Clause

Should any provision of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid or unenforceable provisions with a valid provision that comes closest to the economic intent.

1. Scope, Differentiation Between Business and Consumer

These terms of use apply to the accreditation-required section of the 58products.com portal, which is exclusively aimed at businesses. Consumers can order from our online shop, www.58products.com, which is freely accessible to everyone.

In addition to verifying your business status during the ordering process, we are entitled to request proof of your business status by presenting appropriate and up-to-date documentation, such as a commercial register extract or business registration.

2. Quality Standards

We at 58P place the highest value on high-quality products "Made in Germany" and comprehensive quality assurance in both our internal structures/processes and our external presentation. The 58products.com product portfolio includes the labels "Tassen," "Talents," and "Ceelings."

To ensure you benefit from our efforts, we kindly ask you to do the following:
Please use the additions "Official Trading Partner of 58products.com" and/or "We trade with products from 58products.com" in your sales efforts. In return, please refrain from naming your domain names or social media channels (e.g., Facebook page) in such a way that it could lead to confusion with the various websites of 58P or with us as the manufacturer.

Please ensure that in your sales efforts, particularly on marketplaces (e.g., Amazon), the products obtained from us are labeled correctly: especially regarding the correct product name, the mention of 58Products as the manufacturer, and the correct product and EAN numbers.

3. Promotional Material (Product Photos, etc., and Image Films)

58P provides you with extensive promotional material in various forms and formats. Under the "Material" section, numerous product photos, advertising photos, and image films are available for download, which may only be used for advertising and promotional purposes at the point of sale (this is the place of offering goods, e.g., retail store, online shop, catalog, etc.).
The promotional material may not be used to produce your own products for resale (e.g., T-shirts, postcards, etc.).

The image films are intended only for offline use at the point of sale. Online (e.g., on your website or your own Facebook channel), the image films may only be shown via a link to the 58 YouTube channel or the 58 website (www.58products.com) along with its subpages. For PR measures (e.g., press releases or articles), any images used must include a corresponding source attribution.

All promotional material made available under this section is protected by copyright. The intentional misleading use of domain names or the design of a sales or social media channel (Facebook, Twitter, YouTube, etc.) that creates a risk of confusion with the various online presences of 58P or with us as the manufacturer is prohibited.

Terms and Conditions