Terms and Conditions

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.