your fulfillment partner
for digital signage and
omni channel solutions!
As a young and dynamic team of media designers, project managers, IT and technical experts we create inspring projects. From the hardware to the control system and even the creative content. 4Dmagic provides you with everything you need from a single source along with excellent support.
We offer high-quality and qualified hardware to increase the attractiveness and emotional appeal of your sales area. By constantly developing new technologies and functions, we always provide you with innovative and digital solutions that integrate stylishly into your POS.
Tell your customers about current offers, promotions and news on individual screens or on an expressive video wall.
Give your customers a striking shopping experience! An LED wall is not only a real eye-catcher but also stylishly integrates into your shop.
Link online business with over-the-counter retail and guide your customers through an exciting digital world.
Inform your customers about promotions, news and events on eye-level monitors or use high-definition images to create a whole new atmosphere.
Taking into account your corporate design and your innovative requirements, we develop and produce a vibrant and interactive range of products. Events on live stream, your own multimedia app, a colourful programme for your store displays – we make it possible. Immerse yourself in a dynamic and connected world!
Stream events from several perspectives live to your showrooms using multiple cameras.
Inspire your customers with an interactive shopping experience.
Develop your individual multimedia app together with us.
MBOT (Media Bookings Online Tool) is a booking system for advertising space.
We create video material and graphical content for your individual instore TV.
We adapt existing film material of your current advertising agencies for every digital format or, on request, produce new material – especially for your POS.
RFID / QR code
We can link your screens and touch devices to a barcode scanner.
Decentralized control system
Using our own proprietary platform we put together custom playlists according to your wishes.
Released: January 2019
1. General – Scope of application
1.1 The following terms of sale shall only apply to entrepreneurs within the meaning of Sec. 310 I German Civil Code (BGB).
1.2 Contracts for deliveries shall be concluded exclusively on the basis of the following terms and conditions. We do not recognise any conflicting or deviating terms and conditions of customers, unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply, if we unconditionally perform delivery or provide services to a customer in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions.
1.3 Any side or deviating agreements require our written confirmation to be legally effective.
1.4 Our terms of sale shall also apply to all future business with the customer.
2. Offers and orders
Our electronic, written or verbal offers do not constitute an offer in the legal sense but are merely an invitation to the customer to place an order. The order is binding for the customer for a period of 4 weeks as of our receipt of the order. Contracts shall only be concluded upon our written order confirmation, at the latest however, with the customer’s acceptance of the delivery. Our offers and order confirmations are always subject to a positive credit check of the customer and a proper and timely self-supply.
3. Industrial property rights, copyrights
3.1 As a rule, industrial property rights/copyrights of manufacturers/licensors are in place for the contractual products, including circuit diagrams, drawings, drafts, descriptions and similar documents, as well as for software. The customer shall not modify, cover or remove any references to such industrial property rights on the contractual products.
3.2 The customer agrees to these property rights, license conditions of the manufacturers, and the restrictions specified in the relevant license conditions.
3.3 We shall only be liable for damage caused by the infringement of such industrial property rights, if we were aware or should have been aware of such rights and if these lead to the customer being exposed to third-party claims. In this respect, the amount of our liability is limited to the invoice value of the goods.
4. Quality, lead times and deliveries
4.1 The written information we provide shall exclusively be decisive regarding the scope and time of delivery and the agreed quality. All side agreements and amendments are subject to our written confirmation.
4.2 Unless otherwise stated in our written information, delivery ex 4Dmagic’s warehouse in Hanover, Germany, is agreed. All costs and risk of transport, as well as loading and packaging costs, are the responsibility of the customer. This also applies to returns, see clause 10. The customer is responsible for compliance with any limitation periods, e. g. those specified the German Freight Forwarders’ Standard Terms and Conditions (ADSp).
4.3 Transport and other packaging in accordance with the German Packaging Ordinance shall not be taken back, with the exception of pallets. The cost of packaging disposal shall be borne by the customer.
4.4 The lead times we indicate are deemed to have been agreed as being approximate. The beginning of the lead time as stated by 4Dmagic requires the clarification of all technical questions. Any lead time specified by us shall commence on the date of issue of the relevant confirmation, however not prior to the customer’s provision of the documents, permits and releases to be procured, and the receipt of the agreed down payment. The lead time shall be deemed to have been met, if the goods have left the warehouse by the end of that lead time or if notification has been given that the goods are ready for dispatch.
In case the customer has commissioned 4Dmagic with the relevant installation, the lead time shall be deemed to have been met upon arrival of 4Dmagic’s technicians and the relevant goods at the construction site.
4.5 In the event of action in the course of industrial disputes, in particular strikes and lock-outs, as well as the occurrence of unforeseeable impediments which are beyond our control, the delivery period shall be extended appropriately, where such impediments demonstrably have a considerable effect on the production and supply of the deliverables. This shall also apply if such circumstances occur at a subcontractor. We shall not be responsible for the aforementioned circumstances even if they arise during an existing delay. In important cases, we shall promptly inform the customer of the start and ending of such impediments.
4.6 We are entitled to effect reasonable partial deliveries and to invoice such partial deliveries.
4.7 In the event of a delay in delivery arising out of slight negligence, we shall only be liable up to 5% of the delivery value affected by the delay; in any case, however, limited to the foreseeable, typically occurring damage.
4.8 To the extent that the delay is due to intent or gross negligence on our part, we shall be liable in accordance with the statutory regulations, but limited to the foreseeable, typically occurring damage, insofar as there is no intentional breach of contract for which we are responsible.
4.9 To the extent that the underlying contract of sale constitutes a transaction for delivery at a fixed date or the customer’s interest in further performance of the contract has ceased as a result of the delay in delivery for which we are responsible, we shall be liable in accordance with the statutory provisions.
5. Inspection of goods
The customer is responsible for inspecting the goods immediately for completeness, conformity with the delivery notes and the order, as well as for defects, and for reporting any visible deviations and defects promptly in writing. If a complaint is not made within 4 working days upon receipt of the goods at the customer’s premises, the delivery is deemed to be in accordance with the contract, unless the deviation was not apparent despite careful inspection. Any transport damage or shortfall apparent on delivery shall be noted on the freight forwarder’s receipt in accordance with Sec. 438 German Commercial Code (HGB).
6. Price and payment
6.1 The price stated in our order confirmation shall apply.
6.2 Our prices are net “ex works” plus statutory VAT and transport and packaging costs; unless the transport and packaging costs are part of the offer. This is usually the case when our technicians carry out the entire installation on site.
6.3 We reserve the right to increase our prices accordingly in case of cost increases subsequent to the conclusion of the contract, in particular based on collective wage agreements, increases in material prices or exchange rate fluctuations. Upon request, we will provide the customer with evidence to this effect.
6.4 Unless otherwise agreed, payments are due immediately after invoicing without any deduction. If the customer exceeds the payment period granted, we shall be entitled, without prejudice to further rights, to demand default interest at a rate of 9% p.a. above the respective base interest rate in accordance with the German Civil Code (BGB). In the event of default in payment by the customer, all outstanding claims shall become due for immediate payment.
6.6 The withholding of payments or offsetting based on any counterclaims of the customer shall only be permissible, if the counterclaims are legally established or undisputed by us.
7. Retention of title
7.1 We retain the title to the deliverables until all claims arising out of the business relationship between us and the customer have been paid in full.
7.2 The customer is obliged to handle the deliverables with care; in particular, the customer is bound to adequately insure them against fire, water and theft damage at his own expense.
7.3 The customer is entitled to resell the deliverables in the ordinary course of business; however, the customer is not permitted to pledge them or assign them as security. Any receivables from the resale of the goods are, as early as now, assigned to us in the amount of the final invoice amount. The customer remains further entitled to collect the claims without our authority to collect the claim ourselves being affected. However, we shall not collect the assigned claims as long as the customer meets his payment obligations from the collected proceeds, is not in default of payment, and no application for opening of insolvency proceedings has been filed or the customer does not suspend payments. We hereby accept the assignment. The customer is obliged to provide us with all information and data necessary for the collection of the assigned claims.
7.4 Any handling, processing or modification of the goods subject to retention of title shall be carried out on our behalf. If the goods subject to retention of title are processed, combined, mixed or blended with other goods not belonging to us, we shall be entitled to acquire the resulting co-ownership share in the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed goods at the time of processing, combination, mixing or blending. If the customer acquires sole ownership of the new item, it shall be deemed agreed that the customer assigns co-ownership to us on a pro rata basis. This shall be kept for us free of charge. In the aforementioned cases, the advance assignment agreed above shall only apply to the amount of the invoice value of the goods subject to retention of title which are resold together with other goods. In the event of attachment or other access by third parties to the goods subject to retention of title or the claims assigned in advance, the customer undertakes to notify us immediately, stating the information required for an intervention. Any resulting costs which cannot be recovered from third parties shall be borne by the customer.
7.5 We undertake to release the securities to which we are entitled in accordance with the above provisions at the customer’s option and request to the extent to which the value of these securities exceeds the claims to be secured by more than 20%.
8.1 The enforcement of the customer’s rights arising from product defects presupposes that the customer has duly complied with his obligation to inspect and to give notice of defects. Any warranty is excluded for the sale of used goods.
8.2 In the event of a warranty claim, the customer is obliged, if a manufacturer’s warranty is in place, to seriously try to enforce the claims arising from the manufacturer’s warranty against the manufacturer out of court prior to recourse to 4Dmagic. 4Dmagic will support the customer in this. Otherwise the warranty claims of the customer remain unaffected.
8.3 If and to the extent that the customer is not satisfied hereafter, we shall initially be entitled to supplementary performance by remedying the defect or delivering a defect-free product at our discretion. Any exchanged goods or parts thereof are our property and must be returned to us. If we are not prepared or unable to provide supplementary performance or if this is delayed beyond a reasonable period for reasons for which we are responsible or if supplementary performance fails in any other way or if this is unreasonable for the customer, the customer shall be entitled, at his discretion, to withdraw from the contract or demand an appropriate reduction in the purchase price.
8.4 In case of withdrawal from the contract, the customer’s benefit of being able to use the goods until the time of withdrawal is offset accordingly. This benefit of being able to use the goods for the time until withdrawal is calculated pro rata on the basis of the purchase price and the usual total service life of the goods, unless the use was limited or not possible at all due to the relevant defect. Both parties are free to prove a lower or higher benefit of being able to use the goods. Any insignificant defect does not entitle the customer to withdraw from the contract.
8.5 If the review of a notice of defect reveals that there is no material defect, we shall be entitled to charge the customer a flat expense/processing fee. In this case, the customer is at liberty to prove to us that the expenses incurred are lower than the amount invoiced.
8.6 Warranty claims are subject to a limitation period of 12 months, beginning with the passing of risk. To the extent that the goods are the subject of a purchase of consumer goods, the rights of the customer according to Sec. 478, 479 German Civil Code (BGB) remain unaffected, provided that the customer has fulfilled his obligations of inspection and complaint as laid down in Sec. 377 German Commercial Code (HGB).
9.1 Any further claims of the customer, on whatever legal basis, are hereby excluded, unless otherwise stated below. In particular, we shall not be liable for any damage that does not occur to the deliverables, or for lost profits or other financial losses of the customer.
9.2 This exemption from liability shall not apply, if the cause of the damage is based on intent or gross negligence or if we have conducted a negligent breach of a material contractual obligation. It shall also not apply, if we have fraudulently concealed a defect or have assumed a guarantee with regard to the quality of the goods, and this guarantee was specifically intended to protect the customer against the claimed damage.
9.3 Any claims are subject to a limitation period of 12 months, beginning with the passing of risk. This shall also apply to claims for compensation for consequential damage to the extent that neither claims based on any fraudulent concealment of a defect arising out of unlawful acts nor liability claims based on deliberate intent are asserted.
9.4 Any further liability for damages than that provided for above shall be excluded, irrespective of the legal nature of the asserted claim. This shall not apply to claims based on any harm to life, body or health, claims pursuant to Sec. 1, 4 of the German Product Liability Act (ProdHaftG) or to claims based on tort or impossibility of performance for which we are responsible.
All side agreements must be made in writing. This also applies to the waiver of this requirement of written form. Should any of the above provisions be invalid, this shall not affect the validity of the remainder of the contract and the remaining provisions.
11. Jurisdiction and place of performance
The place of performance for all obligations arising from the contractual relationship shall be Hanover, Germany, or the relevant installation site. The place of jurisdiction for all legal disputes arising from the contractual relationship as well as from its conclusion and effectiveness is, with regard to businessmen, Hanover, Germany; however, we are entitled to sue the customer at his place of business. The entire contractual relationship shall be exclusively governed by the laws of the Federal Republic of Germany with exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
1. ANONYMOUS DATA COLLECTION
We are pleased that you are visiting our website or are using our applications and thank you for your interest in our company, our products and services. We take the protection of your privacy when using our website and applications very seriously. Thus, please note the following information:
2. Collection, processing and use of personal data
In principle, you can visit our website without us collecting any of your personal data. Personal data will only be collected, if you voluntarily provide such information, for example to execute a contract, open a customer account or contact us.
Without your explicit consent, these data are, in each case, solely used for the processing of the relevant contracts and your enquiries. After complete performance of a contract and full payment of the purchase price, your data will be stored in accordance with the retention periods under the applicable tax and commercial law and then deleted on expiry of these periods.
3. Disclosure of personal data
3.1 Order processing
Any personal data we collect will, in the course of performance of the contract, be made available to the shipping company responsible for the delivery, insofar as this is required for the delivery of the goods. For the settlement of payments, your payment details are passed on to the relevant bank entrusted with the payment.
3.2 Using our applications
When using our applications, the user’s location is not determined based on the end device’s sensors (e.g. via GPS, cell towers or Wi-Fi networks). The personal data you use for the login to our applications are stored and serve exclusively for the release of our apps’ contents.
This website uses so-called “cookies”, which serve the purpose of making our online presence more user-friendly, more effective and safer, for example when it comes to accelerating navigation on our website.
Cookies also enable us to measure the frequency of page views and the general navigation of users. Cookies are small text files which are deposited on your computer system. Please note that some of these cookies are transferred from our server to your system, which are mostly so-called “session cookies”. “Session cookies” are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session.
5. Use of Google Analytics
This website uses Google Analytics, a web analysis service provided by Google, Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files that are stored on your computer to analyse your use of the website. The information generated by the cookie about your use of this website is usually transmitted to one of Google’s servers in the USA, where it is stored.
However, if IP anonymization is activated on this website, your IP address will be shortened by Google within the member states of the European Union or in other States party to the Agreement on the European Economic Area, before it is used. Your full IP address will only be transmitted to a Google server in the United States and abbreviated there in exceptional cases. On behalf of the website operators, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website and internet usage for the website operators.
Google will not associate the IP address transmitted by your browser within the scope of Google Analytics with any other data held by Google. You may prevent the storage of cookies by selecting the appropriate settings in your browser software; however, please note that if you do this, you may not be able to make use of the full functionality of this website. You may also prevent the data generated by the cookie and related to your usage of the website (including your IP address) being captured and processed by Google by downloading and installing the browser plug-in available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
6. More informations and contacts
You have the right to request information free of charge about your stored data and to request that it be corrected, blocked or deleted. If you have further questions about the collection, processing or use of your personal data, please contact us. The same applies to information, blocking, deletion and correction requests regarding your personal data and to the revocation of given consent. The contact address can be found in our legal notice.
4Dmagic GmbH & Co. KG
Tel: +49 (0)511- 13 22 16 20
Fax:+49 (0)511 – 13 22 16 24
Managing directors: Nils Drosin, Manfred Volke
The content on this website has been carefully compiled and reviewed. However, no guarantee is given for the current relevance, correctness, completeness or quality of the information provided. All liability claims against the website operators relating to material or immaterial damage arising out of the use or non-use of the information provided or resulting from incorrect or incomplete information are explicitly excluded, unless there is evidence of intent or gross negligence on the part of the website operators. The website operators explicitly reserve the right to change, amend or delete parts of the web pages or the entire site or to discontinue the publication without prior notice.
Links to external websites
The website operators hereby explicitly declare that the linked sites did not contain any illegal content at the time the links were created. The website operators have no influence whatsoever on the current and future design and content of the linked sites. As a consequence, the website operators explicitly distance themselves from all content changes made or to be made after the links to the relevant sites had been generated. This also applies to third-party entries in guest books, discussion forums, mailing lists and similar services set up by the website operators. The website operators are not responsible for the content, availability, correctness and accuracy of any linked sites or of the offerings, links or advertisements therein. The website operators are not liable for any illegal, incorrect or incomplete content and in particular not for damage resulting from the use or non-use of the information provided on the linked sites.
The website operators aim to respect all applicable copyrights in all their publications.
If, in spite of this, a copyright infringement should occur, the website operators shall, when notified about such violation, remove the infringing content from their publication or expressly make reference to the relevant copyright. All brands and trademarks shown on this website and, where applicable, registered by a third party are subject to the provisions of the respectively applicable trademark law and property rights held by the registered owners without any limitation. The mere fact that a trademark is mentioned shall not be deemed to indicate that it is not protected by any third-party rights. The copyright applies to the website operators’ own content. Without the explicit consent of the website operators, it is not permitted to reproduce such graphics, sounds, texts or any other content in other electronic or printed publication.
selective-focus-photography-of-turned-on-light-bulb-2177473 © Wilson da Vitorino, pexels.com; bright-bulb-close-up-conceptual-269318 © Pixabay, pexels.com; close-up-of-leaf-326055 © Pixabay, pexels.com;