Legal

General Terms and Conditions of Lume GmbH

Version: September 2026

Lume GmbH · Tuersgasse 23/6 · 1130 Vienna · FN 675019a · welcome@lume.design

Part A – General Provisions

A.1 Scope

These General Terms and Conditions (Terms) apply to all quotations, deliveries and services provided by Lume GmbH (hereinafter “Lume”) to its customers, in particular to the rental and sale of LED systems, decoration, lighting and event services, as well as advertising services.

The Terms apply in the version valid at the time the contract is concluded. They also apply to all future transactions with businesses without the need for a further notice.

Any deviating, conflicting or supplementary terms and conditions of the customer shall not form part of the contract, even if Lume does not expressly object to them.

These Terms are primarily intended for businesses within the meaning of Section 1 UGB. For consumers within the meaning of Section 1 KSchG, the provisions under item A.13 shall take precedence; mandatory statutory consumer protection provisions remain unaffected.

A.2 Quotations and Conclusion of Contract

Quotations issued by Lume are subject to change and non-binding. They are valid for 14 days from the quotation date unless otherwise stated in the quotation.

The customer's acceptance of a quotation (order) constitutes a binding offer by the customer to Lume. The contract is concluded only upon Lume's written order confirmation. Email satisfies the written-form requirement.

By placing the order, the customer accepts these Terms.

Upon conclusion of the contract, the scope of services, dates, delivery times and collection times specified in the quotation or order confirmation shall be deemed bindingly agreed.

Oral side agreements, assurances or amendments require written confirmation by Lume to be effective.

A.3 Prices

All prices are quoted in euros and exclude value added tax unless expressly stated otherwise. Prices for consumers are shown inclusive of value added tax.

Services not included in the quotation (in particular additional setup or operating hours, waiting times not caused by Lume, additional journeys, content adjustments or special requests on site) shall be charged according to the work involved at Lume's applicable hourly rates.

Changes to the services after order confirmation shall be quoted and confirmed separately by Lume.

A.4 Payment and Late Payment

Unless otherwise provided in Part B or Part C, invoices are due without deduction within 10 days of the invoice date.

In the event of late payment, Lume is entitled to charge businesses default interest of 9.2 percentage points above the base interest rate (Section 456 UGB) and a fixed debt collection fee of EUR 40.00 (Section 458 UGB); consumers are subject to the statutory default interest rate of 4% per annum. The customer must also reimburse any necessary and appropriate reminder and collection costs exceeding these amounts.

In the event of late payment, Lume is entitled to withhold outstanding deliveries and services until full payment and to withdraw from the contract after an unsuccessful grace period of 7 days.

The customer may set off counterclaims only if Lume has acknowledged them in writing or they have been established by a court. For businesses, any right of retention based on alleged defects is excluded.

Discounts are granted only if expressly agreed in writing.

A.5 Customer Content

All content supplied by the customer (images, videos, animations, text, logos, trademarks and audio material; hereinafter “Content”) must be sent by email to the project manager designated by Lume no later than 2 business days before the start of the services, in the format specified by Lume.

If the Content is submitted late, is missing, incorrect, incomplete or does not comply with the specifications, Lume is entitled to charge the customer for the resulting additional work (in particular conversion, post-processing, additional working hours and waiting times). In this case, Lume is not obliged to display the Content on time.

The customer is solely responsible for the Content. The customer warrants that it holds all necessary copyrights, related rights, trademark rights, personality rights and other rights, and that the Content does not violate any statutory provisions (in particular UWG, MedienG, UrhG, MSchG and youth protection laws) or third-party rights.

The customer shall fully indemnify and hold Lume harmless against all third-party claims arising from the Content, including the costs of reasonable legal defence.

Lume checks Content solely for technical playability, not for legal admissibility. Lume is entitled to reject Content or interrupt its display if it is manifestly unlawful, contrary to public morals, or capable of harming the reputation of Lume or a location partner. Lume's claim to remuneration remains unaffected.

The customer grants Lume a non-exclusive right, limited to the term of the contract, to store, edit (for technical adaptation) and display the Content for the purpose of performing the contract.

A.6 Customer Cooperation Obligations

At the agreed times, the customer shall ensure free access to the setup and dismantling location (including access roads, loading and parking facilities, lifts and transport routes), a level, load-bearing surface of sufficient dimensions, and a functional power supply meeting the requirements communicated by Lume in the immediate vicinity of the installation location.

Lume does not carry out electrical installation work. Connection to the power grid is made using existing sockets or on-site connections provided by the customer. The customer must arrange for permanently installed connections, distribution systems or work on electrical systems to be performed by an authorised electrical engineering company.

The customer is responsible for all official permits, notifications and consents from the property owner or organiser required at the event or installation location, and for compliance with house rules, fire protection regulations and safety regulations, unless Lume has been expressly commissioned to handle them.

The customer shall designate a decision-maker who can be reached on site.

Waiting times, unproductive journeys, additional journeys or additional work resulting from the customer's failure to cooperate or inadequate cooperation shall be charged according to the work involved. In this case, Lume is not obliged to perform the services on time.

A.7 Dates, Performance Period and Force Majeure

Delivery and performance dates are binding if they are identified as such in the order confirmation. All other dates are approximate.

Events of force majeure and other unforeseeable circumstances beyond Lume's control (in particular natural events, severe weather, official orders, strikes, pandemics, traffic or border closures, failures by upstream suppliers and power failures) entitle Lume to postpone the service for the duration of the impediment plus a reasonable restart period or, if performance is impossible, to withdraw from the contract. The customer shall have no claim for damages in such a case; partial services already provided must be paid for.

A cancellation or postponement of the customer's event for reasons within the customer's sphere (including weather at outdoor events, artist cancellations, missing permits or low attendance) shall be treated as a cancellation or rebooking by the customer under Part B or Part C.

A.8 Handover Report

A handover report shall be prepared and signed by both parties upon delivery and, in the case of a rental, upon return. It records the number, condition and completeness of the equipment and accessories.

If the customer or a person authorised by the customer is not present at handover or return, the report prepared unilaterally by Lume shall be deemed accepted unless the customer submits a reasoned written objection within 2 business days.

A.9 Liability

Regardless of the legal basis, Lume shall be liable for damage only in cases of intent or gross negligence. Liability for slight negligence is excluded, except in the case of personal injury.

For businesses, liability is limited in amount to the order value of the respective contract and, in any event, to the coverage amount of Lume's business liability insurance. For businesses, compensation for consequential damage, loss of profit, financial loss, third-party claims, damage arising from cancellation of the event and loss of data is excluded.

Lume shall not be liable for failures or disruptions caused by the on-site power supply, the customer's network or internet connections, improper operation by the customer or third parties, vandalism, weather conditions outside the approved operating conditions, or Content provided by the customer.

Claims under the Product Liability Act and mandatory statutory liability provisions remain unaffected.

Claims for damages by businesses shall become time-barred 12 months after the business becomes aware of the damage and the party responsible. For businesses, the customer bears the burden of proving fault.

A.10 Intellectual Property and Software

All rights in Lume's products – in particular design, construction, trademarks, control software, firmware, content management systems, operating concepts, documentation, quotations and concepts – remain with Lume or its licensors. Quotations, renderings and concepts are confidential and may not be disclosed to third parties without Lume's consent.

Where Lume products contain software or firmware, the customer receives only a non-exclusive, non-transferable right to use it for the intended operation of the respective equipment. Reproduction, modification, decompilation, reverse engineering or circumvention of technical protection measures is prohibited.

Content, animations or concepts created by Lume for the customer remain Lume's property until paid for in full; after full payment, the customer receives a non-exclusive right to use them for the agreed purpose.

A.11 Reference Rights

As part of providing the services, Lume is entitled to make photographs and video recordings of the installation and to use them – including the name of the customer or brand – for its own reference and marketing purposes (website, social media, presentations and press activities).

The customer may object in writing before the services begin. Confidentiality obligations under individual contracts shall take precedence.

A.12 Confidentiality and Data Protection

Each party shall treat as confidential all non-public information about the other party obtained in connection with the contract. This obligation continues after the contract ends.

Lume processes the customer's personal data solely to perform the contract and in accordance with the GDPR and the Austrian Data Protection Act (DSG). Details are set out in the privacy policy at lume.design.

A.13 Special Provisions for Consumers

For consumers within the meaning of Section 1 KSchG, the provisions of these Terms apply only to the extent that they do not conflict with mandatory provisions of the KSchG, VGG or FAGG. Items A.4 paragraph 4, A.9 paragraphs 2 and 5, A.14 paragraph 3, and limitations of liability and warranty apply exclusively to businesses.

For consumers, fixed cancellation fees constitute a contractual penalty within the meaning of Section 1336 ABGB. The consumer is free to prove that Lume suffered no damage or substantially less damage.

If a consumer concludes a distance contract or a contract away from business premises, the consumer has the statutory right to withdraw under Section 11 FAGG within 14 days, unless an exception under Section 18 FAGG applies (in particular for leisure services provided on a specific date or during a specific period, and for goods made to the customer's specifications). Lume provides consumers with separate information about the right of withdrawal before the contract is concluded.

Lume is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

A.14 Final Provisions

Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

The place of performance is Lume's registered office in 1130 Vienna.

For all disputes with businesses, the exclusive jurisdiction of the competent court in Vienna, Inner City, is agreed. Section 14 KSchG applies to consumers.

Amendments and additions to these Terms and the contract must be made in writing. This also applies to any waiver of the written-form requirement.

If individual provisions of these Terms are or become invalid, the validity of the remaining provisions shall remain unaffected. For businesses, the invalid provision shall be replaced by a valid provision that most closely reflects its economic purpose.

Lume is entitled to engage qualified subcontractors and freelancers to perform its services.

Part B – Rental of LED Systems and Event Services

B.1 Subject Matter of the Contract

Lume rents out LED systems (in particular NIO, RIO and HIT) together with accessories for the period and location of use specified in the quotation and, to the extent commissioned, provides the related services (transport, setup, commissioning, content upload, operation and dismantling; for example in the NIO POP format).

The rental period begins with the agreed delivery and ends with the agreed collection or return by Lume. Setup and dismantling days form part of the rental period unless otherwise agreed.

B.2 Delivery, Collection and Operation

The delivery and collection times specified in the quotation or order confirmation are binding. Changes requested by the customer require Lume's consent and shall be charged according to the work involved.

Content upload and the setup, commissioning, operation and dismantling of the equipment shall be carried out exclusively by Lume personnel unless otherwise agreed in writing. Without express approval, the customer and third parties may not move, open, modify, connect the equipment to other systems or operate it.

In the event of a breach of paragraph 2, Lume is entitled to charge the customer for the resulting work and all resulting damage. The customer's warranty and liability claims shall lapse to that extent.

If operation by the customer has been agreed, training shall be provided before handover. The customer confirms the training in the handover report and shall allow only trained persons to operate the equipment.

Use outdoors, in damp areas or under special climatic conditions requires Lume's prior written approval.

B.3 Rental Payment Terms

The total amount must be transferred to Lume's account at least 7 days before the rental period begins unless otherwise agreed in the quotation.

The equipment shall be delivered only after payment has been received in full or written proof of payment (bank transfer receipt) has been provided. Any resulting delays are the customer's responsibility; the customer shall be deemed not to have met the agreed dates.

Additional services charged according to the work involved (items A.3 paragraph 2, A.5 paragraph 2, A.6 paragraph 5, B.2 paragraph 3, B.6 and B.7) shall be invoiced after performance with a payment term of 10 days.

B.4 Cancellation and Rebooking

The customer may cancel the rental contract in writing. The date on which Lume receives the cancellation notice is decisive. The following fixed cancellation fees apply, calculated on the order value:

up to 31 calendar days before the rental period begins: 20% (processing costs)
30 to 15 calendar days before the rental period begins: 50%
14 to 8 calendar days before the rental period begins: 80%
from 7 calendar days before the rental period begins and in the event of non-acceptance: 100%

Third-party services already commissioned by Lume for the order and which cannot be cancelled (for example special transport, external personnel and custom-made items) shall additionally be charged at their actual cost.

If the customer's project does not go ahead, the 20% cancellation fee (paragraph 1, first tier) shall be credited against the customer's next booking made within 12 months after cancellation. This goodwill arrangement applies only to the first cancellation tier and only once per project.

The booking may be moved once to another date, subject to availability, without a cancellation fee up to 31 calendar days before the rental period begins; after that date, the cancellation tiers in paragraph 1 apply. The new date must be within 12 months.

B.5 Handover, Return and Condition

The equipment shall be handed over in technically faultless and clean condition. Its condition shall be recorded in the handover report (item A.8).

The customer must inspect the equipment at handover. Obvious defects or discrepancies must be recorded in the report immediately; otherwise, the handover shall be deemed to have been properly completed.

The equipment must be returned in the condition in which it was received, complete, and at the agreed place and time. Missing parts, soiling beyond normal use and damage shall be recorded in the return report and charged according to the work involved or at replacement value.

B.6 Duty of Care and Liability of the Renter

From handover until return, the customer is responsible for taking proper care of Lume's equipment and bears the risk of loss, theft, damage, destruction and wear beyond the usual extent, regardless of fault and including where caused by third parties (for example guests, personnel or the audience). This does not apply during periods when Lume personnel have the equipment exclusively in their custody.

In the event of damage, the customer shall reimburse Lume for repair costs or, in the event of a total loss or loss of the equipment, its replacement value, in each case plus the loss of rental income for the duration of the repair or replacement.

The customer shall adequately secure the equipment against theft, vandalism, weather and unauthorised access, especially outside operating hours and overnight. Lume recommends taking out event or electronics insurance.

Subletting, transfer to third parties or moving the equipment to a location other than the agreed location is prohibited without Lume's written consent.

Damage, malfunctions, theft or loss must be reported to Lume immediately and no later than within 24 hours. Theft or vandalism must also be reported to the police immediately.

B.7 Late Return

If the equipment is not made available for collection at the agreed time or the rental period is exceeded without Lume's consent, the pro rata daily rental price plus the additional work involved (personnel and transport) shall be charged for each additional day or part thereof. Further claims for damages, in particular due to the loss of subsequent orders, remain reserved.

B.8 Ownership

The equipment remains Lume's property at all times. Labels, serial numbers and ownership notices may not be removed.

Any third-party action against the equipment (seizure, retention or insolvency proceedings) must be reported to Lume immediately; the customer must draw attention to Lume's ownership.

B.9 Malfunctions During the Rental Period

Lume shall endeavour to remedy technical malfunctions without delay or provide replacement equipment. The customer is entitled to a rent reduction only if the malfunction was caused by Lume, is not remedied within a reasonable period and materially impairs usability.

Malfunctions caused by circumstances under item A.9 paragraph 3 do not give rise to any customer claims; the work required to remedy them shall be charged.

Part C – Purchase of LED Systems

C.1 Subject Matter of the Contract

Lume sells LED systems (in particular NIO, RIO and HIT) together with accessories in accordance with the specifications stated in the quotation or order confirmation. Product images, renderings and technical data in presentations are approximate unless expressly designated as binding.

Lume reserves the right to make minor deviations for technical reasons or technical progress, provided they do not impair functionality.

Installation, commissioning, training, content creation and maintenance are owed only if expressly included in the quotation.

C.2 Purchase Payment Terms

Upon placement of the order, 70% of the agreed total amount is due as an advance payment. Lume shall order the goods or place them into production only after the advance payment has been credited to Lume's account. Delays in receipt of payment shall postpone all delivery dates accordingly.

The remaining 30% shall be invoiced after the goods arrive at Lume. The payment term is 10 days from the invoice date.

The goods shall be delivered to the customer only after payment has been received in full or written proof of payment has been provided. The customer shall bear storage costs caused by late payment.

C.3 Cancellation

Cancellation after the order has been placed is possible only in exceptional cases and by agreement with Lume. It must be made in writing.

If the order is cancelled after it has been placed but before receipt of the advance payment, Lume is entitled to charge 5% of the order value as a processing fee.

If the order is cancelled after receipt of the advance payment and after the equipment has been ordered or production has begun, Lume shall retain the 70% advance payment; Lume is also entitled to charge a further 5% of the order value as a processing fee. The advance payment remains payable in the event of cancellation if it has not yet been paid.

If the customer's project does not go ahead, the 5% processing fee shall be credited against the customer's next booking made within 12 months. The advance payment is excluded from this arrangement.

C.4 Delivery and Transfer of Risk

Delivery shall be organised by Lume unless a different arrangement has been agreed in writing. The delivery location must be defined precisely in the contract (address, floor, room and access conditions). Changes to the delivery location after order confirmation are subject to a charge.

Lume bears the transport risk up to the agreed delivery location. Risk passes to the customer when the equipment is handed over to the customer or a person engaged by the customer at the delivery location. If the customer does not accept the goods at the agreed time, risk passes when the customer is notified that the goods are ready for dispatch; the customer shall bear storage costs and the cost of additional transport.

In the case of customer collection or transport organised by the customer, risk passes upon handover to the carrier or collector at Lume.

Upon delivery, a handover report (item A.8) shall be prepared and signed by both parties. Any transport damage must be recorded in it.

Delivery dates are non-binding approximate dates unless a fixed date has been expressly agreed in writing. Lume is entitled to make partial deliveries.

C.5 Retention of Title

The equipment remains Lume's property until the order value and all ancillary claims have been paid in full.

Until then, the customer is not entitled to sell, pledge, rent or otherwise transfer the equipment to third parties. Any third-party action against the equipment must be reported to Lume immediately.

In the event of late payment, Lume is entitled, after granting a grace period, to demand return of the equipment without this constituting withdrawal from the contract unless Lume expressly declares its withdrawal.

C.6 Warranty

The statutory warranty provisions apply to consumers.

For businesses, the warranty period is 12 months from handover. The presumption under Section 924 ABGB (defectiveness at the time of handover) is excluded for businesses; the customer must prove that the defect existed at the time of handover.

Businesses must inspect the goods immediately after handover and give written, specific notice of identifiable defects within 5 business days, and of hidden defects within 5 business days after discovery (Section 377 UGB). Otherwise, warranty claims, claims for damages and claims based on error relating to the defect are excluded.

At its option, Lume shall satisfy the warranty by repair or replacement. Only if both are impossible, involve disproportionately high expense for Lume or fail may the customer demand a price reduction or, in the case of a material defect, rescission of the contract.

The warranty does not cover normal ageing and reduction in LED brightness, wear of consumable and wearing parts, damage caused by improper operation, storage, transport by the customer, mechanical impact, moisture or weather outside the specified operating conditions, overvoltage or undervoltage, intervention or repairs by persons not authorised by Lume, or modifications to software or firmware.

Warranty work shall generally be carried out at Lume's registered office. Travel and on-site work shall be charged if the alleged defect proves not to be covered by the warranty.

C.7 Software, Firmware and Updates

Item A.10 applies to software and firmware contained in the equipment. Lume is not obliged to provide updates unless separately agreed. If updates are provided, the customer must install them promptly; Lume shall not be liable for malfunctions caused by failure to install updates.

Separate terms of use and fees may apply to the use of Lume cloud, control or content services.

C.8 Installation and Commissioning

Where installation and commissioning have been ordered, the cooperation obligations under item A.6 apply accordingly. The customer must provide and is responsible for the on-site requirements (power supply, load-bearing capacity of ceilings, walls and attachment points, and network).

Lume does not provide services reserved for authorised electrical engineers, builders or structural engineers. The customer must provide any required structural calculations for fastenings, suspensions or load-bearing structures at the installation location.

Part D – Advertising Services (Advertising Announcement Business / Digital Out of Home)

D.1 Subject Matter of the Contract

Lume offers the display of the customer's advertising Content on LED systems owned or operated by Lume (in particular HIT installations and NIO locations). The scope, locations, periods, spot lengths, frequencies and fees are specified in the relevant quotation or order confirmation (booking).

A booking becomes binding only upon written confirmation by Lume. Lume is entitled to reject bookings without stating reasons.

D.2 Advertising Materials

Item A.5 applies to the provision of advertising materials. Advertising materials must be submitted in the format specified by Lume no later than 5 business days before the campaign begins.

Lume reserves the right to reject advertising materials or stop displaying them if they violate laws, the advertising standards of the relevant location (in particular requirements of sports venues, organisers, associations or location partners), exclusivity agreements with third parties or public morals, or if they harm the reputation of Lume or the location partner. In this case, the agreed fee remains payable unless the customer provides permissible replacement advertising material within a reasonable period.

Where required by law, the customer must ensure that advertising is identifiable as such (in particular under Section 26 MedienG).

D.3 Display

Lume is obliged to display the advertising materials to the agreed extent. No specific reach, number of contacts, dwell time, visitor numbers or particular advertising outcome is guaranteed.

Short-term failures of individual displays due to technical malfunctions, maintenance, official orders, safety requirements, the course of an event (for example interruptions to play, ceremonies or emergency communications) or force majeure do not entitle the customer to a reduction if the failures total less than 10% of the booked display volume. At Lume's option, failures exceeding that threshold shall be compensated by replacement displays or a proportionate credit; further claims are excluded.

Lume is entitled to determine the sequence and placement of the advertising materials within the agreed scope unless a placement guarantee has been agreed. Competitor exclusion applies only if expressly agreed in writing.

If the event to which a display is tied is cancelled or postponed, the display shall be moved to a replacement date where possible. If this is not possible, the proportionate fee shall be credited; further claims are excluded.

D.4 Evidence of Display

Upon request, Lume shall provide evidence of display (a playlist report, screenshot or photographic documentation). Lume's display log serves as evidence of the service provided.

D.5 Cancellation

Bookings may be cancelled up to 31 calendar days before the campaign begins against a processing fee of 20% of the booking value. If cancelled later, the full booking value is payable.

Item A.4 applies to payments; unless otherwise agreed, the booking value is due before the campaign begins.