General terms and conditions

§ 1 Validity and provider
(1) Offers, deliveries and services of Wise Lifestyle Ltd. take place - even without reference
in individual cases - exclusively based on these General Terms and Conditions (hereinafter referred to as "GTC").
hereinafter referred to as "GTC"). These terms and conditions are also valid as a framework agreement for all future business transactions
with Wise Lifestyle Ltd., even if they are not referred to separately in the following.
(2) Conditions of a customer deviating from the GTC are only valid with a separate written agreement.
written agreement. If deviating conditions of a customer are sent to Wise Lifestyle Ltd.
customer to Wise Lifestyle Ltd., the customer waives the resulting legal effects at the conclusion of the contract.
resulting legal effects. The general terms and conditions of Wise Lifestyle Ltd. remain valid even if
remain valid even if individual provisions are invalid (see point 17., "Other provisions").
Provisions").

§ 2 Products and security
(1) All conditions to be observed by the customer or a third party when using the goods offered by Wise Lifestyle Ltd. result from the respective product instructions, operating instructions, safety instructions, etc.
respective product instructions, operating manuals, training and safety regulations.
The respective product instructions, operating manuals and safety regulations can be found
at "www.lucialicht.de". In order to put into operation the goods of Wise Lifestyle Ltd.
the product "Lucia N°03 Home Portal" requires a security code to be exclusively
to be assigned by Wise Lifestyle Ltd. The customer receives the security code necessary for the start-up
necessary security code only after successful registration of the product via the online
registration portal of Wise Lifestyle Ltd.
(2) The customer explicitly agrees that the use of the goods offered by Wise Lifestyle Ltd. is only allowed according to the conditions mentioned under point 2.1.
Conditions is permissible. A use deviating from it holds under circumstances
health risks.
(3) If the use of the goods requires a training by Wise Lifestyle Ltd. or by a
Wise Lifestyle Ltd. or by a third person commissioned by Wise Lifestyle Ltd. for the use of the goods, the goods may only be
with a corresponding training certificate. If the goods of Wise Lifestyle Ltd.
is used by or for third parties, the customer is obligated to inform the third party about all conditions to be observed for the use of the goods, especially about the safety regulations, according to the above points and to obligate the third party to observe these regulations.
(4) The goods of Wise Lifestyle Ltd. are not therapeutic or medical products.
medical products. The devices are therefore not medically tested or subject to approval according to the
Medical Devices Act or similar provisions have been subjected to an approval procedure.

§ 3 Conclusion of contract
(1) Offers of Wise Lifestyle Ltd. are only binding if they are made in written form and are
expressly designated as binding. Otherwise they can be changed or
revocable. The last binding offer of Wise Lifestyle Ltd. replaces all previous offers.
previous offers.
(2) Orders received by Wise Lifestyle Ltd. are only considered accepted if they have been
are confirmed in writing (e-mail is sufficient) or if an invoice is issued for them or if they are actually executed. The customer is bound to his order from the moment of
receipt by Wise Lifestyle Ltd. for 30 days.
(3) The written order confirmation has to be checked by the customer for obvious spelling and calculation errors as well as for discrepancies between order and confirmation.
Discrepancies are to be communicated immediately to Wise Lifestyle Ltd.
/the customer has to stick to the contract concluded in such a way after choice of Wise Lifestyle Ltd.
or to bear the expenses resulting from it in particular for a back completion of the contract.

§ 4 Prices
(1) The prices stated in the respective written offer of Wise Lifestyle Ltd. to entrepreneurs according to §
1 of the Austrian Commercial Code (UGB) for the goods and delivery/transport outside the online store.
net, thus excluding the legal value added tax.
(2) The prices stated in the online store of Wise Lifestyle Ltd. include the statutory
VAT and are exclusive of the respective shipping costs. The shipping costs are
according to the information given in the online store.
(3) Wise Lifestyle Ltd. is entitled at any time towards entrepreneurs according to § 1 UGB,
its contractual services in terms of technology, design and price in the interest of the
quality improvement and as far as objectively justified and reasonable.
(4) Discounts of any kind granted in individual cases, including cash discounts, shall not constitute a
future granting of the same.

§ 5 Payment and Default
(1) Payment shall be made on account by advance payment. Payment shall be made within 10 days of receipt of the invoice.
(2) If the customer is in arrears with a payment, he/she shall be obliged to pay the statutory interest on arrears. If the Customer is an entrepreneur pursuant to Section 1 of the Austrian Commercial Code (UGB), the interest rate shall be 9.2 (in words: nine-point-two) percentage points above the base interest rate. For each reminder sent to the customer after the default has occurred, the customer will be charged a reminder fee of € 40,00 (in words: Euro forty) to cover the expenses incurred by Wise Lifestyle Ltd. Wise Lifestyle Ltd. reserves the right to claim higher damages from the customer.
(3) In case of delay of payment the terms of service, especially possible delivery terms of Wise Lifestyle Ltd.
delivery periods of Wise Lifestyle Ltd. are extended by the period of the delay.

§ 6 Right of retention and set-off
(1) A right of retention - of any kind whatsoever - is available to the customer as a
entrepreneur according to § 1 UGB.
(2) Likewise, the customer has no right to offset claims he/she has against Wise Lifestyle Ltd. However, this does not apply in case of insolvency of Wise Lifestyle Ltd. or if there is a legally binding court decision about the counterclaim of the customer, if Wise Lifestyle Ltd. has explicitly acknowledged the counterclaim or if such a right of set-off results from the mandatory provisions of the Consumer Protection Act.


§ 7 Delivery
(1) Unless otherwise expressly agreed, the delivery of the goods from the warehouse of Wise Lifestyle Ltd. to the address specified by the customer / the customer.
(2) If not all ordered goods are in stock, Wise Lifestyle Ltd. is entitled to partial deliveries, as far as this is
as far as this is reasonable for the customer.
(3) If the goods are in stock, the delivery will normally be made within 10 working days after the day following the order. If the goods are not in stock, the delivery time may extend up to approximately 20 weeks.
(4) If the ordered goods are not available within 10 working days after the day following the order date, Wise Lifestyle Ltd. is not responsible for this.
goods in stock within 10 working days after the day following the order or in case of goods not in stock within 20 weeks, Wise Lifestyle Ltd. is entitled to withdraw from the contract.
is entitled to withdraw from the contract, even if the conclusion of the contract was confirmed before. In the case of
In case of withdrawal, Wise Lifestyle Ltd. will inform the customer immediately about the unavailability of the goods and will refund any payments already made. Under the same conditions, the customer also has the right to withdraw from the contract by setting a reasonable grace period. In the event of withdrawal by the customer, any consideration already paid shall be refunded.
(5) The delivery of the goods ordered in the online store is carried out by the delivery service commissioned by Wise Lifestyle
Ltd. commissioned delivery service. If the customer is a businessman or businesswoman in accordance with
an entrepreneur in accordance with § 1 UGB and the goods were not ordered in the online store, the
Delivery FCA (Free Carrier) Claudiaplatz in 6020 Innsbruck or address as specified in the offer.
(6) If the customer is an entrepreneur according to § 1 UGB, he/she is obliged to immediately accept the goods made available for collection in accordance with the contract. If the customer does not meet this obligation, the delivery shall be deemed to have taken place on the day on which acceptance should have taken place according to the contract. In this case, the risk of accidental loss is transferred to the customer.
(7) Wise Lifestyle Ltd. is furthermore entitled, after unsuccessful setting of a grace period, to deliver the goods
either against usual market storage fee itself or with an authorized company.
to store the goods. The related costs and risk are borne exclusively by the customer.
(8) At the same time, Wise Lifestyle Ltd. is entitled in the case of a business transaction to either
to insist on contract fulfillment, or to withdraw from the contract after setting an appropriate, at least 2 weeks
period of grace of at least 2 weeks to withdraw from the contract and to dispose of the goods in another way.
to claim damages from the customer.

§ 8 Retention of title
(1) Until the complete, unconditional payment of an invoice of Wise Lifestyle Ltd.
including interest, expenses and other costs, the goods covered and delivered by the respective invoice
and delivered goods (in short: "goods subject to retention of title") remain the unrestricted property of light
attendance Ltd. The customer / the customer has to take all actions that are necessary for the preservation of the
necessary for the preservation of the property and has to send Wise Lifestyle Ltd. upon request without
without delay a list of the goods subject to retention of title.
(2) In case of impending seizure or other confiscation by a third party, the customer has to inform the third party about the retention of title and has to inform Wise Lifestyle Ltd. immediately.

§ 9 Sale or transfer of the goods
(1) Applies to equipment that is not subject to mandatory training: In order to put into operation the goods of Wise Lifestyle Ltd.
goods, a security code to be assigned exclusively by Wise Lifestyle Ltd. is required.
security code is required. The customer receives the security code necessary for the start-up only after the
security code only after successful registration of the goods via the online registration portal of Wise Lifestyle Ltd.
Wise Lifestyle Ltd. It is expressly pointed out that the goods distributed by Wise Lifestyle
Ltd. may only be put into operation by persons who have received the goods via the
who have registered the product via the online registration portal of Wise Lifestyle
Ltd. via the online registration portal of Wise Lifestyle Ltd. or have been specially trained and thus have the security
security code required for commissioning. The security code is to ensure
that the new owner has access to the safety regulations. For devices with mandatory training, a new owner / new holder must be trained accordingly.

§ 10 Cancellation policy (applies only to consumers)
(1) If the business transaction concluded by the customer with Wise Lifestyle Ltd.
does not belong to the operation of his / her business, the customer is a consumer in the sense of § 1 para 1 Z 2 KSchG and is therefore entitled to a right of withdrawal in accordance with the following
following provisions.
(2) Right of revocation
10.2.1: The customer has the right to cancel the contract within fourteen days without giving reasons.
contract with Wise Lifestyle Ltd. within fourteen days (§ 11 FAGG).
10.2.2: The revocation period is fourteen days from the day on which the customer or a third party named by him / her
third party / named by him / her, who is not the carrier, has taken possession of the goods.
has taken possession of the goods.
10.2.3: If the customer has ordered several goods as part of a single order and these are delivered separately from each other, the cancellation period shall begin on the day on which the customer or a third party named by him/her who is not the carrier takes possession of the last goods delivered.
10.2.4: In the case of delivery of goods in several partial consignments, the revocation period shall commence on the day on which the customer / third party not acting as carrier acquires possession of the last goods.
the day on which the customer or a third party not acting as a carrier named by him/her acquires possession of the last partial shipment.
10.2.5: In the case of contracts for the regular delivery of goods over a fixed period of time, the revocation period shall
period, the revocation period shall begin on the day on which the customer or a third party not acting as the
third party not acting as a carrier acquires possession of the goods first delivered.
10.2.6: In order to exercise the right of withdrawal, the customer must send a clear declaration to Wise Lifestyle Ltd.
customer to Wise Lifestyle Ltd. that he/she wishes to revoke the contract. Wise Lifestyle Ltd. has to
to be informed as follows:
by letter: Wise Lifestyle Ltd. | 36 St Dminka Street | Victoria (GOZO) | VCT9030 Malta
by email: mail@lucialicht.de
To exercise his right of withdrawal, the customer / the customer is free to use the attached sample-
cancellation form. There is no obligation to use the model withdrawal form. To meet the deadline, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period (§ 13 FAGG).

§ 11 Consequences of the revocation
(1) After the customer has exercised his/her right of revocation, Wise Lifestyle Ltd.
has to refund all payments, which he/she has made to Wise Lifestyle Ltd.
delivery costs (with the exception of additional costs, which result from the fact that the customer
customer has chosen another way of delivery than the cheapest standard delivery offered by Wise Lifestyle Ltd.
standard delivery offered by Wise Lifestyle Ltd.) - without delay, so no later than fourteen days
the day on which Wise Lifestyle Ltd. received the notification of the cancellation of the contract. For this repayment the Wise Lifestyle Ltd.
uses the same means of payment that the customer has used for the original transaction, unless the customer has
has used for the original transaction, unless with the customer / the customer was explicitly an alternative repayment
agreement was made. The customer will not be charged any fees for the repayment.
charged (§ 14 FAGG).
(2) Wise Lifestyle Ltd. has the right to withhold the repayment until the receipt of the goods returned to them or until the
goods returned or until the customer has provided proof that he/she has returned the goods, depending on
has returned the goods, whichever is the earlier (§ 14 Abs 3 FAGG).
(3) The customer shall return the goods without undue delay and in any case no later than fourteen days
days from the day on which he informed Wise Lifestyle Ltd. about the revocation of the contract.
Wise Lifestyle Ltd. or to hand over. The timely dispatch of the
goods before the expiration of the period of fourteen days has the effect of keeping the time limit in the sense of § 15 Abs 1 FAGG.
(4) The customer bears the direct costs of returning the goods.
(5) The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods (Section 15 (4) FAGG).
(6) In order to exercise his right of withdrawal, the customer is free to fill out the following
form and return it to Wise Lifestyle Ltd.
(7) Withdrawal form


§ 12 Return of goods
(1) Regardless of the existence of a right of revocation, the goods are to be returned in all cases - in particular to avoid damage to the goods - if possible in the original packaging to the
Wise Lifestyle Ltd. If the customer does not have the original packaging or if it is no longer in the
or if this is no longer able to ensure adequate protection of the goods against damage
damage, the customer / the customer has a suitable packaging for a sufficient protection against
adequate protection against damage in transit. This in particular to avoid any
claims for damages due to inadequate packaging.

§ 13 Warranty
(1) Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of the Austrian Civil Code (ABGB) (§§ 922 ff ABGB).
(2) If the customer is an entrepreneur pursuant to § 1 of the Austrian Commercial Code (UGB), the warranty period shall be twelve months from delivery pursuant to Section 7 of these GTC.
(3) The customer, who is an entrepreneur according to § 1 UGB, is obliged to check the goods for completeness and possible defects immediately upon acceptance. Obvious damages or shortages are to be noted in writing on the delivery bill in case of other loss of rights. Irrespective of this, in the event of other loss of rights, defects must be notified in writing by registered mail immediately upon acceptance. A timely notice of defects does not entitle to a reduction or retention of the purchase price.
(4) Wise Lifestyle Ltd. can fulfill its warranty obligation at its discretion as follows:
Supplement of what is missing; rectification of defects; replacement of the defective goods or parts thereof.
(5) The above-mentioned options also exist for those cases in which the customer is entitled to
is entitled to other claims instead of or in addition to the warranty claim.
Subject to mandatory legal provisions, Wise Lifestyle Ltd. is not subject to any further warranty obligations.
warranty obligations.
(6) Warranty claims are excluded in any case of unusual use, defects caused by the customer / third parties and for the duration of breaches of duty by the customer / the customer.
excluded. Wear and tear parts, consumables, normal wear and tear, damage caused by
improper assembly or operation, damage due to force majeure, etc. are excluded from the warranty.
obligation to perform. Likewise with changes of the commodity by the customer / third,
in particular in case of installation of parts of foreign origin and/or non-compliance with the regulations for the proper use of the goods.
(7) The legal presumption of defectiveness at the time of handover if the defect appears within the first six months (§ 924 ABGB) shall be excluded vis-à-vis entrepreneurs pursuant to § 1 UGB.
(8) The statutory recourse liability in the event that the customer provides a warranty to a consumer (§ 933b ABGB) is excluded.

§ 14 Liability
(1) It is explicitly stated that Wise Lifestyle Ltd. is not liable to the customer or a third party for a certain
a third party for a certain effect or a certain success when using the goods of Wise Lifestyle Ltd. or promises a success or an effect. The goods of Wise Lifestyle Ltd. are not therapeutic or medical products.
products.
(2) Wise Lifestyle Ltd. does not assume any liability for the adherence to delivery dates or delivery periods.
delivery dates or delivery periods. Wise Lifestyle Ltd. is especially not liable for
Delays in delivery due to force majeure events. If such events prevent the timely
fulfillment of the contract, the delivery periods shall be extended accordingly.
(3) All claims for damages against entrepreneurs according to § 1 UGB become statute-barred after six months
claims for damages shall become statute-barred six months after the customer has become aware of the
injuring party.
(4) Special Provisions for Consumers Pursuant to Section 1 (1) (2) of the Consumer Protection Act (KSchG)
14.5.1: Wise Lifestyle Ltd. is only liable to consumers for intent and gross negligence.
gross negligence. In the case of personal injury, Wise Lifestyle Ltd.
is also liable to consumers for slight negligence.
(5) If in individual cases a more extensive exclusion of liability is permissible, this is considered as agreed. In case of non-compliance with the conditions for the use of the goods of Wise Lifestyle Ltd.
points 2. and 3.), compensation for damages is excluded in any case.

§ 15 Transfer of rights and obligations
(1) Wise Lifestyle Ltd. is entitled to transfer the rights and obligations arising from the respective contract to a third party.
obligations arising from the respective contract to a third party. Wise Lifestyle Ltd. is released from its obligations 4 weeks after
Wise Lifestyle Ltd. will be released from its obligations 4 weeks after the announcement of the transfer, if the customer does not object in written form until then. From this time on all obligations of Wise Lifestyle Ltd. are to be provided only by the third party / the third party.

§ 16 Data protection and data processing
(1) Wise Lifestyle Ltd. commits itself to comprehensive data protection and processes
personal data of the customer only in a lawful, for the customer comprehensible manner
comprehensible way and according to the principles of good faith. Further information
on the use of personal data can be found at "www.lucialicht.de".

§ 17 Other provisions
(1) Subsidiary agreements to these contractual terms and conditions must be made in writing to be legally effective. This shall also apply to any waiver, amendment or cancellation of this written form requirement.
(2) If provisions of these GTC and/or the agreement reached are or become invalid or if there is a loophole, this shall not affect the validity of the remaining provisions of these GTC.
provisions of these GTC. In place of the invalid provision or to close the loophole, an appropriate
an appropriate regulation is considered as agreed upon, which comes the hypothetical will of the contracting parties
or would have been agreed upon after the sense and purpose of the met agreement, if this point would have been considered. The general terms and conditions of Wise Lifestyle Ltd. take precedence over the terms and conditions of the customer and the customer waives the inclusion of his own terms and conditions in the present contractual relationship at the time of the conclusion of the contract with Wise Lifestyle Ltd.
(3) If the customer is not a consumer in the sense of the Consumer Protection Act, all disputes arising from and in connection with the contracts concluded between the customer and Wise Lifestyle Ltd. will be decided by the competent court for A-6020 Innsbruck. In this case Wise Lifestyle Ltd. is free to take legal action against the customer at any other legal place of jurisdiction. Place of performance for all contractual relationships is the registered office of Wise Lifestyle Ltd. in Valletta, Malta.
(4) The contract is expressly governed by Maltese law with the exception of the Maltese International Private
Private International Law and the provisions of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions in particular of the
State in which the customer has his/her habitual residence as a consumer shall remain unaffected.
(5) The platform of the European Commission for online dispute resolution (OS) for consumers is available at http://ec.europa.eu/consumers/odr/; however, Wise Lifestyle Ltd. already declares that it is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.


Status: December 2022