Terms and Conditions
(includes legal information)
2. Contractual partner, formation of contract
3. Contract language, saving of the contract text
4. Delivery conditions
7. Retention of title
8. Warranty and guarantees
10. Online dispute resolution
General Terms and Conditions of Sale
of FIFTYEIGHT 3D Animation & Digital Effects GmbH
FOR ONLINE STORE CUSTOMERS (CONSUMERS)
Last actualized: 11.06.2018
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.
The following payment methods are basically available in our online shop:
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.
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.
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:
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, email@example.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.
Model cancellation form
(If you want to cancel the contract, please fill out the form below and send it back to us)
FIFTYEIGHT 3D Animation & Digital Effects GmbH
60314 Frankfurt am Main
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):
(*) Delete as appropriate
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 firstname.lastname@example.org.
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/.
- Ordering Process
- Wording of a contract
- Data security
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.
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.
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.
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.
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: email@example.com
General Terms and Conditions of Use by FIFTYEIGHT 3D Animation & Digital Effects GmbH (“58” in short hereinafter) for the Portal ‘www.58products.com’
1. Scope of Application, Differentiation Between End Consumer/Entrepreneur
The portion of the 58products.com Portal requiring accredited sign-in is solely aimed at entrepreneurs. Consumers may order products in the open online shop at 58products.com that is accessible to anyone.
An entrepreneur is a natural person or a legal entity or a private company which is capable of holding rights who acts in his/her/its capacity as such (§ 14 BGB).
Consumers are natural persons concluding a legal transaction which cannot be predominantly attributed to their commercial, nor their independent professional activity.
Aside from verifying your status as an entrepreneur in the process of placing an order, we also reserve the right to request proof of your entrepreneur status by submitting appropriate documentation, for instance a business license or certificate of registering a business.
These Terms shall apply to all future business interactions, even where there is no further express agreement. In case the entrepreneur uses contradicting, deviating or supplementary terms and conditions, we hereby expressly object to the validity of such terms; they may only factor into a contract after our expressed approval.
2. Contracting Parties, Formation of Contract
We expressly point out that a possible purchase contract is made with our logistics service provider mds GmbH, Carl-Zeiss-Str. 1, 55129 Mainz, Germany. Their general terms of delivery are stated seperately during the ordering process.
The display of products within the online shop at no time constitutes a binding offer on our part to enter into a contract vis-à-vis the items. It only represents a non-binding online catalogue of our products. 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. By clicking on the order button, you are placing a legally binding order concerning the goods contained in your basket. You will receive a confirmation via e-mail.
The online shop offers the following modes of payment from which you are free to choose, depending on availability:
* Cash on Delivery, Invoice, SEPA Direct Debit
Your order is processed by sending a declaration of acceptance in a separate email or by delivering the ordered products within two days.
* Advance payment
Your order is processed by sending a declaration of acceptance in a separate email, in which we provide our current bank payment information, or by delivering the ordered products within two days.
* 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, which coincides with accepting your order.
* PayPal, PayPal Express
During the ordering process you will be forwarded to the online website of the PayPal service. While there, you may submit your payment information and confirm the payment transaction to PayPal. After submitting your order in the shop, we instruct PayPal to initiate the payment transaction, which coincides with accepting your order.
* SOFORT Online Bank Transfer
After placement of the order, you will be forwarded to the online SOFORT GmbH website, where you confirm the payment transaction. This constitutes the formation of the contract.
3. Contract Language, Contract Text Storage
The languages available for concluding the contract are German and English.
We store 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. Quality Standards
We here at 58 place the highest value on high-quality products ‘Made in Germany’ and a comprehensive quality assurance process in both our internal structures/processes as well as our appearance in public. The product portfolio on 58products.com mostly consists of the labels ‘Tassen’ and ‘Talents’.
In order for you to get the most benefits out of our commitment to quality, we request you do the following: As part of your sales efforts, please use additional phrases such as ‘Official Trade Partner of 58products.com’ and/or, ‘We sell products made by 58products.com’. At the same time, we ask you to refrain from presenting your own online domain names or social media channels (e.g. Facebook page), or your own sales presence in a manner that could be accidentally mistaken with the several online presences maintained by 58 or with us as a manufacturer.
Please also make sure to label our products correctly as part of your sales efforts on so-called marketplaces (e.g. Amazon): This especially applies to correct item names and descriptions as well as mentioning 58 Products as the manufacturer, plus using the correct item and EAN numbers.
You agree to receiving all invoices regarding your orders via email. Consent can be withdrawn at any time. In case of a delay of payment by the entrepreneur, we will charge the valid legal default interest at a current rate of 9 % above the relevant base interest rate as well as a standard fee of EUR 40.00. This shall not affect further claims.
6. Advertising Material (Product Photos and Promotional Videos)
58 supplies you with a wealth of advertising material across a wide variety of shapes and formats. In the ‘Materials’ section, you can download a variety of product images, advertising images as well as promotional video films. These are solely to be used for advertising and promotion purposes at the point of sale (meaning the place of presenting the products for sale, for instance brick-and-mortar storefront, online store, catalogue, etc.).
The advertising material may under no circumstances be used to create your own products for resale (e.g. t-shirts, postcards, etc.).
Our promotional video films are solely intended for offline use at the point of sale. The films may only be used online (e.g. on the entrepreneur’s own website or Facebook page) in the form of a hyperlink to the official 58 YouTube Channel or 58 Website (www.58products.com) and applicable sub-pages. Imagery used in PR-initiatives (e.g. press releases or press articles) need to be marked to properly identify its source.
The entirety of the advertising material provided in this paragraph is protected by copyright. We forbid the misleading use of own domain names as well as the creation of a sales or social media channel (Facebook, twitter, Youtube etc.) that could be accidentally mistaken with the several online presences maintained by 58 or with us as a manufacturer.
7. Final Clauses
The law of the Federal Republic of Germany is applicable, to the exclusion of UN purchase law (CISG).
The sole place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business; Frankfurt am Main, Germany.