Terms of Use Agreement (Terms and Conditions)

Last Updated: 22 February 2026

This Terms of Use Agreement (“Agreement”) sets forth the agreement between 4th Dimension Lighting (4DL) (“we” or “us”) and each user (“you” or “user”) governing the use of this Site and the purchase of goods.

This Site and the services and products offered herein are directed exclusively at entrepreneurs (B2B) as defined by § 1 UGB (Austrian Commercial Code). By using this Site or placing an order, you confirm that you are acting in a commercial or independent professional capacity. Access to and use of this Site by consumers (B2C) is expressly prohibited.

1. Scope and Conflicting Terms

These Terms of Use shall apply exclusively to all business transactions between the parties. Any conflicting or deviating terms and conditions of the buyer (such as, but not limited to, assignment prohibitions, purchase conditions, or limitations) are hereby expressly rejected and shall not be legally binding, even if 4th Dimension Lighting (4DL) does not explicitly object to them in individual cases.

2. Privacy & Data Protection

Use of this Site is subject to the terms of our Privacy Policy. 4th Dimension Lighting (4DL) processes personal data (such as contact information of business partners) in accordance with the GDPR and the Austrian Data Protection Act (DSG).

• Data Controller: 4th Dimension Lighting (4DL), office@4thdimension.lighting.
• Purpose: Processing is based on contract performance (Art. 6 para 1 lit b GDPR), legal obligations (Art. 6 para 1 lit c GDPR), and our legitimate interests (Art. 6 para 1 lit f GDPR).
• International Transfers: Some service providers may be located outside the EU (e.g., USA). We ensure an adequate level of protection via adequacy decisions (Data Privacy Framework) or standard contractual clauses.

3. Copyright & Trademarks

You acknowledge that all materials on the Site (design, graphics, text, software, etc.) are the property of 4th Dimension Lighting (4DL) or its licensors and are protected by Austrian and international intellectual property laws. Any unauthorized use, reproduction, or distribution is prohibited without prior written authorization.

4. Retention of Ownership

The parties expressly agree that all delivered goods remain the sole property of 4th Dimension Lighting (4DL) until full and final payment of the purchase price has been received. The buyer is obliged to handle the goods subject to retention of title with care and may neither pledge them nor assign them as security.

5. Assignment of Claims (Factoring)

The buyer hereby takes notice and acknowledges that the purchase price claim has been sold and assigned to A.B.S. Factoring AG, based in Puch bei Hallein. Debt-discharging payments (“schuldbefreiende Zahlungen”) can be made exclusively to A.B.S. Factoring AG. The relevant bank details for the assigned claim will be provided on the respective invoice.

6. Terms of Payment, Default & Collection Fees

In the event of a payment default, the customer agrees to pay the statutory default interest applicable to B2B transactions. Furthermore, the customer is obligated to reimburse all costs incurred for the intervention of the collection agency Eurincasso Ges.m.b.H., Salzburg, in the amount of the percentage of the invoice total specified in the currently valid terms and conditions (Konditionenblatt) of said agency.

7. Delivery Terms & Duty to Inspect

Unless otherwise agreed in writing, all deliveries are made EXW (Ex Works) Vienna, Austria (Incoterms® 2020). The buyer bears all costs and risks involved in taking the goods from our premises. Pursuant to § 377 UGB (Austrian Commercial Code), the buyer is obliged to inspect the delivered goods immediately upon receipt. Any defects must be reported to 4th Dimension Lighting (4DL) in writing without delay, but no later than within five (5) business days after delivery; otherwise, the goods shall be deemed approved and any warranty claims shall be excluded.

8. Disclaimer & Limitation of Liability

The Site and Materials are provided on an “as is” and “as available” basis.

• Warranty: Statutory warranty periods for B2B transactions under Austrian law apply.
• Liability: 4th Dimension Lighting (4DL) Parties shall not be liable for any indirect, incidental, or consequential damages. Any liability for slight negligence (leichte Fahrlässigkeit) is excluded to the extent permitted by law. The limitations of liability are fundamental elements of the bargain between the parties.

9. Site Usage & Termination

You agree to use this Site only for lawful purposes. 4th Dimension Lighting (4DL) reserves the right to terminate or suspend your access to the Site without notice for any conduct that violates this Agreement or applicable law. Creating links to this Site or framing the Site without prior written authorization is prohibited.

10. Applicable Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Austria, excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). For any and all disputes arising out of or in connection with this contract, the parties agree on the exclusive jurisdiction of the competent court in Vienna, Austria (Innere Stadt).

11. Severability

If any provision of this Agreement is deemed unlawful, void, or unenforceable, the validity and enforceability of any remaining provisions shall not be affected.

12. Contact Information

For questions regarding this Agreement or data protection, please contact: 4th Dimension Lighting (4DL) Graben 28/1/12, 1010 Wien, Austria Email: office@4thdimension.lighting

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