1.1. The object of this contract ("Contract") is the supply of electrical energy by COMPAÑÍA LUMISA ENERGÍAS, SL ("LUMISA") to the facility of which you are the owner (“the Customer”) at the connection or delivery points ("Supply Point") indicated in the Conditions Individuals, and, where appropriate, the contracting of self-consumption ('Self-consumption') and in the manner indicated by the Customer in the Particular Conditions and in accordance with the terms and conditions reflected therein and in these General Conditions.
1.2. For this purpose, the Customer, by signing this Agreement, expressly accepts and as the only modality, the attached contract for the acquisition of energy and access to the networks to through LUMISA, thus enabling it to offer you a comprehensive global price for both concepts and, for which, through this Contract LUMISA is expressly authorized and empowered by the Customer, so that, for all purposes, it acquires its legal position in the Distribution Network Access Contract that it signs with the Distributor Company where the Customer's installation is located. The Customer is obliged to authorize the joint contracting mentioned above to through LUMISA as long as this Supply Contract remains in force. In case of discrepancy between the general conditions specified in the Contract and the particular conditions, the General and particular condition will prevail in this order.
1.3. This Supply Contract is personal and the Customer must be the effective user of the electrical energy supplied, not being able to use it in a different place for which it was contracted, or transfer, dispose of or put it to However, as long as you are up to date with the payment of the price, the Customer may transfer his contract to another consumer who is going to use it under identical conditions, upon presentation in writing of the request for change of ownership with the joint signatures of the Customer and the new owner, and acceptance of LUMISA, who will manage before the Distribution Company the regularization of the Access Contract whose effectiveness will be conditioned to the aforementioned transfer. The quality of the service will be defined by regulation in Royal Decree 1955/2000, of December 1 and concordant norms.
2.1. The parties agree that all matters related to the development of the Contract, including the validity and execution of this Contract and the validity of the notifications that LUMISA may carry carried out to the Customer, can be made by post, telephone, electronic or telematic means including SMS, WhatsApp and/or systems of specific identification codes or specific security codes provided for this purpose by LUMISA , or by any other means that guarantees communication.Therefore, this Agreement is concluded electronically, through the website owned by LUMISA, and is understood to be perfected with the acceptance by the Customer expressed through the registration or change form The Customer must accept by email the conclusion of the Contract in the General Conditions through of a trusted third party that intervenes between the parties of an online contract to guarantee and guard in a neutral and independent way all the processes generated in the electronic transactions carried out. All notifications and communications, between the parties, that must be made under this Contract will be made through the aforementioned means, which for these purposes the Customer has indicated in the Particular Conditions of this Contract.
2.2. Electronic invoicing. In accordance with the provisions of Royal Legislative Decree 1/2007, LUMISA empowers the Customer to receive the invoice by electronic mail or postal mail. In the event that the Customer expressly authorizes LUMISA to issue the invoice by electronic means, it will be sent to the address of e-mail provided by the Customer in the Particular Conditions of this Contract. The express consent for the remission of invoices by electronic means, will remain in force as long as it is not expressly revoked by the Customer.
2.3. LUMISA will not be liable for the actions of the media operators (telephone, mail, SMS, among others) outside LUMISA used by the Customers, as well as the damages that may be caused.
3.1. For the purposes of the provisions of this Contract, Supply Point/s is understood to be the point of connection or delivery located at the Customer's facility where the measurement of the consumption of the electrical energy supplied by LUMISA The quality of the supply and its availability will be the responsibility of the distribution company as the owner of the network in which the Customer's installation is located, in the terms established in condition 15.
3.2. The nominal voltage and the maximum powers that the Customer can consume under this Agreement will be established in accordance with the provisions of the regulations applicable to such effects.
4.1. The Customer must have at the Supply Point/s, during the term of this Supply Contract, a measurement and control equipment for the electricity supplied (“Measurement Equipment and Control”) that complies with the legally established technical requirements, being responsible for its custody, the equipment that measures consumption, and for the fulfillment of the other obligations established by current legislation. The Customer will be responsible for its interior installation and the performance of the obligatory revisions and/or inspections and to keep the reception facilities, including consumer appliances, in perfect condition, and to make proper use of them.
4.2. Said Measurement and Control Equipment may be the property of the Customer. In the case of Measurement Equipment for rent LUMISA will transfer to the Customer the amount that the Distribution Company will bill.
4.3. In case the Distribution Company, considering the current legislation, considers it necessary to install the Power Control Switch (“I.C.P”), it will proceed to install it in accordance with the provisions established by regulation and invoicing their rent to the Customer. In the event that some type of regulation is established on rentals of Measurement and Control Equipment, it and its future modifications will be transferred in full to this Agreement.
4.4. The Customer, in accordance with current regulations, must guarantee physical access to his installation to LUMISA, to the Distributor Company, or to its employees or contractors duly accredited, in order to carry out the work of reading, checking, verifying, sealing or others that are generally necessary for an effective provision of the service that is the object of this Supply Contract
4.5. The Customer agrees not to manipulate any of the components of the installation, and especially the Measurement and Control Equipment, as provided in current regulations, exonerating in any case LUMISA of any contingency that may arise from the breach of this obligation, and without prejudice to the responsibilities that may be legally required for such manipulation. The contract may be terminated by LUMISA demanding all responsibility to the Customer as established in the General Condition 13.1.
4.6. In the event of failure or deficiency of the Measurement Equipment not allowing the consumption data to be read for any period, LUMISA will make an estimate of the energy consumed by the Customer, as established in General Condition 6.3.
4.7. In accordance with the provisions of the Electricity Sector Law and its development regulations, the Distribution Company is solely responsible for the maintenance of the distribution network and the quality and continuity of supply, LUMISA will not be responsible for the lack of quality or continuity of the supply or for the damages produced as a consequence of interruptions, supply cuts, overvoltages or voltage drops.
5.1. In the contracting of rates in fixed price mode, the supply price will be that specified in the Particular Conditions of this Contract.
5.2. In the contracting of rates in indexed price mode LUMISA will carry out energy purchases from the Customer at OMIE and will invoice the Customer for the final price of energy as is established below in the following formula: Indexed Price = [(OMIE + ADJUSTMENTS + RO + CO) x (1 + PR (%)) + FNEE + BS] x (1 + CD (%)) + ATR. Where: OMIE = Average price for each tariff period of the result of the matching of the Spanish daily electricity market; RO = Remuneration to system operators (REE) and market (OMIE); PR (%) = Losses from transmission and distribution networks; BS = Contribution to the social bonus; ATR = Access tolls; ADJUSTMENTS = Includes, among other terms, the costs of adjustment services, interruptibility, payments for capacity, and other concepts of the energy supplied in the daily market; CO = Operational Marketing Cost defined in the particular conditions; FNEE = National Fund for Energy Efficiency; CD (%) = Cost of detours. Additionally, LUMISA will invoice a monthly amount of 3,9 €, for management expenses by LUMISA.
5.3. The Customer is obliged to pay LUMISA both for the electricity consumed and the access fee that corresponds to the Distributor and other components regulated by regulation, according to the prices that appear in the Particular Conditions. The prices include the regulated values that, in accordance with the applicable regulations, correspond to the Distribution Company, and that will be transferred entirely to the Customer in accordance with current regulations. LUMISA will pass on to the Customer any amount claimed by the Distribution Company due to re-invoicing or the results of inspection reports in relation to the Customer's point of supply. Variations in regulated values that may be approved by the Administration for the period of the validity of this Contract will be automatically transferred to the prices, without this having the consideration of modification of the co contractual terms in the terms established in condition 8. The Customer's obligation to satisfy these amounts will continue until its total settlement, even in the event that the duration established for this supply contract has been reached or that it has been extinguished in any other way.
5.4. In the case of billing by maximeter, if the requested power exceeds 105% of the contracted power in the same period, the power to be invoiced in that period will be the most registered double the difference between the registered value and the value corresponding to 105% of the contracted power. Reactive energy billing and other billing concepts, if applicable, will be carried out in accordance with current regulations approved by the Administration.
5.5. In the event that the Measurement Equipment is owned by the Distributor, and the Customer has chosen to rent it, it must pay LUMISA the corresponding price for the aforementioned rental. The Customer will also be in charge, thus increasing the applicable price, all those expenses, costs, taxes and payments that are legally required as a consequence of the subscription of the Supply Contract and the Access Contract.
5.6. Any type of promotion, discount and/or supplement on the price offered to the Customer by LUMISA will be limited to the specific circumstances for which they were granted or to the time of duration established in those without generating any consolidation or any right to the Customer in the maintenance of the aforementioned price For more information see our Pricing Policy.
6.1. LUMISA will invoice on a monthly or bi-monthly basis the amount to be paid by the Customer derived from this Contract, which encompasses both the concept of energy acquisition and access to the Distribution Network, depending on the form and/or timing of the readings made by the entities in charge of it. This billing may be issued directly by LUMISA or by any other third company expressly authorized by LUMISA, especially if said authorized company already has a prior commercial relationship for any other supply relationship with the customer.
6.2. The invoice issued by LUMISA will detail all the legally required concepts and will provide information on the origin of the energy supplied, the environmental impacts of the different sources of energy and the proportion used between them.
6.3. For the billing of the electric energy conscided made, the readings made by the entities in charge of it will be used, in accordance with the applicable regulatory regulations. In the event that the reading tasks. are not carried out before the end of the billing period for reasons not attributable to LUMISA, the Customer expressly empowers him to bill an estimated amount, taking as a reference the consumption of his Supply Point/s corresponding to the average of the last three months. For these purposes, LUMISA may carry out additional invoices once the actual consumption is known, in accordance with current regulations.
6.4. For billing consumption in the indexed price mode, LUMISA will apply hourly profiling coefficients calculated based on the profile of the electricity market price curve , which will be applied to consumption for periods provided by the Distribution Company. The hourly profiling coefficients that result from application to consumption for periods provided by the Distribution Company.
6.5. Payment will be made by direct debit to the account (IBAN) designated by the Customer, and payment must be made on the date of receipt by the bank of the communication of the invoice amount, or as the case may be, on the date the designated bank receives the communication with the amount to be charged to the Customer's account, and payment may be made by Account Deposit in the accounts provided by LUMISA in the Particular Conditions. However, if necessary LUMISA can modify, as well as establish alternative forms of payment. Similarly, the Customer authorizes LUMISA to retain the available balance, when it is less than one hundred (100 €), in order to discount it on the next billing.
6.6. Additionally, LUMISA has incorporated the online payment platform. Payment is made according to the PCI-DSS security protocol, established by the bank card brands ( Visa, Mastercard, 4B) to allow the authentication of cardholders during internet purchases. The conditions of use of the online payment platform will be made available to you, at all times at www.lumisa.es/condiciones-pago-online/en.
6.7. Invoices not paid in full on the scheduled dates for reasons not attributable to LUMISA will be considered past due debt, and may be subject to immediate execution; the non-payment of any invoice will accrue late payment interest; bank return expenses, as well as administrative management expenses generated by the subsequent claim to the Client of the unpaid debt. Therefore, LUMISA will invoice for the concepts that are described below: for invoices with an amount of up to 50 € an amount of 15 €; for invoices from 51 € to 100 € an amount of 20 €; for invoices from 101 € to 150 € an amount of 25 €; for invoices from 151 € to 200 € an amount of 30 € and finally, for invoices over 201 € an amount of 35 € for debt collection costs, including communications and requirements for payment purposes, commissions for the return of banks and any other expenses incurred by LUMISA for the aforementioned purpose, as established for this purpose in the law to combat late payment Law 3/2004 of December 29, and without prejudice to the provisions of the rest of General conditions. Likewise, the Client is expressly informed that, if the payment period is not met and provided that all the requirements established in the data protection regulations are met, the data related to the non-payment of payment may be communicated by < strong>LUMISA to a file of compliance or non-compliance with monetary obligations.
6.8. The Customer may modify the form of payment by express notification through firstname.lastname@example.org with a minimum notice of 21 calendar days from the date of issuance of the invoice in order to allow the modification of data with the bank and the charge in the new account In the event of two or more consecutive or alternate returns due to non-payment of invoices, the invoice will be sent to the address provided by the Customer for payment at any of the entities that are provided by LUMISA transferring to the Customer the bank expenses caused by the return of the same. Likewise, it must clearly identify to which invoices the payments correspond, exempting LUMISA of any damage or loss in the opposite case Some of the payment methods that may be offered may be subject to payment by the Customer of certain management expenses that will be duly informed was previous.
7.1. The Customer who has a generation facility that, according to current regulations, can avail of the Self-consumption with Surplus modality under Compensation may modify their Contract with LUMISA or formalize one again. The Customer is responsible for the correct installation, legalization and maintenance of the generation installation and to carry out all the necessary procedures to comply with the requirements of the regulations for the chosen modality. This Contract will be governed by the stipulations contained therein and must comply at all times with the documentary requirements and requirements required by current regulations.Also, its special billing, supply and measurement conditions will be governed by the provisions of Royal Decree 900/2015 and 244/2019. as well as other applicable regulations. The Customer may only avail himself of one of the forms of Self-consumption provided for in Royal Decree 244/2019, not going to combine the types or modalities of Self-consumption in the same period of time.
7.2. In the Self-consumption with Surplus modalities when the nearby production facilities and associated with consumption share infrastructure for connection to the transmission or distribution network or are connected through the internal network of a consumer, consumers and producers will be jointly and severally liable for incidents caused to the transmission or distribution network in accordance with the provisions of Law 24/2013, Royal Decree 1699/2011 and Royal Decree 1955/200, accepting the consequences that the Disconnection from the supply point may entail for the parties, such as the impossibility of pouring and / or acquiring energy from the network.
7.3. In relation to incidents caused in the transport or distribution network by facilities covered by any of the Self-consumption modalities, the provisions of Law 24/2013, of 26 of December, and in its development regulations and in particular to what is set out in Royal Decree 1699/2011, of November 18, which regulates the connection to the grid of small power electrical energy production facilities, for facilities included in its scope and in Royal Decree 1955/2000, of December 1.
7.4. Billing. In the form of Self-consumption with Surpluses, Simplified Compensation, either individually or collectively, LUMISA will invoice the Customer for the amount to be paid derived from this Contract by virtue of the readings received by the Distribution Company, and in accordance with the form and periodicity established in the current regulations.
The maximum amount to be compensated for the excess energy on each invoice may not exceed the amount of the term of Energy consumed , compensation that will be made in accordance with the hourly curves received by the Distributor Company. In no case may the result of the compensation be negative, nor may it be compensated with the power term. The term agreed in the Particular Conditions for the surplus energy will be applied to the amounts to be invoiced before taxes, in any case the compensation will be made within the monthly invoice period tion.
LUMISA will only be obliged to make the surplus compensation provided in the previous section once it has received the corresponding settlements from the System Operator. In the event that LUMISA does not have the consumption readings or the hourly curve of the Customer, the latter expressly authorizes him to bill based on an estimated consumption according to the available data, which will be regularized later on function of the real consumptions that the Distribution Company contributes.
7.5. The compensation price agreed in the Particular Conditions will be updated at least annually. These modifications will be communicated to the Customer at least one month in advance of the application of the modifications and, in case of involving a decrease in the price, the Customer may terminate the Contract by notifying LUMISA within fifteen (15) calendar days of said communication.
The Customer will inform LUMISA of any circumstance that alters it and, in particular, any changes you make to modify your connection and/or make it possible to isolate it from the network, as well as any modification in your contract for compensation of surpluses or in the coefficient agreement distribution of the shared generation among all participants, as appropriate.
7.6. This Contract is signed for a period of one (1) year from the start of the supply and will be automatically extended for annual periods without prior written communication by either party. With a minimum notice of one (1) month to the expiration date. The Customer must remain for at least one (1) year in the self-consumption modality chosen from the activation of the supply. Exceptionally, this obligation of permanence does not apply to existing self-consumption under Royal Decree 900/2015, of October 9.
8.1. The reflected prices and conditions may be modified by LUMISA monthly in accordance with the General Conditions, as long as the wholesale price of electricity taken as a reference to set the price of this Contract has varied by more than 10% at the time of its effective application to the Client. LUMISA will notify the Customer of the specific date of the price revision, after public information in writing addressed to the same or by notification in your usual consumer invoice prior to the modification with a minimum notice of fifteen (15) days to the entry into force of the modification.
8.2. Notwithstanding the foregoing, in the event that the modification involves an increase in the price above that initially stipulated, the Customer may communicate to LUMISA its decision to resolve the contract, in accordance with the statutory procedures regarding the change of supplier, said communication must be made in writing to LUMISA within the term of fifteen (15) days after the public knowledge. or to the written notification of the modification of the economic conditions. If fifteen (15) days have elapsed since it was made public or from the communication to the Customer without having received a written reply from the Customer stating his desire to terminate the Contract, it will be understood that the Customer accepts said economic modifications on the date determined by LUMISA. In case the contractual termination by the Customer could not be effected tive, due to regulatory processing conditions unrelated to LUMISA , prior to the entry into force of the new established prices, these will be directly applicable to the Customer until the contractual resolution becomes effective.
8.3. On the other hand, when after the date of this Contract, administrative, mercantile or tax legal or regulatory provisions are approved, promulgated, ratified or modified, or the interpretation is modified judicial or administrative of said provisions or those already existing at the date of the Contract, by virtue of which LUMISA suffered an increase in cost or an alteration of the conditions of provision of supply directly related to compliance of its obligations, LUMISA may increase the price proportionally, after written communication to the Customer, so that the economic balance of the provision to which LUMISA is bound is restored.
9.1. The expenses that originate the coupling, extension, reconnection, verification, or other connection rights necessary to attend to the new supply or for the expansion of the existing one, which correspond to the Company Distributor, will be in charge of the Customer. The Customer will have to carry out the technical adaptations necessary to adapt their installation to the regulations.
9.2. For this reason, and in accordance with current regulations, LUMISA will invoice for the concepts described below without prejudice to the fact that said costs may vary by regulation: (I) Extension rights, in the event of registration or increase in power, with an amount of 17.374714/kW € contracted + VAT; (II) Access rights, in the event of registration or increase in power, of 19.703137/kW € + VAT; (III) Down payment rights, in the event of addition, increase or decrease of power and rate change, at a cost of 9.04 € + VAT; (IV) Verification rights, for installations of more than 20 years, with an amount of 8.01 € + VAT and (V) Modification of the contract for the steps taken by LUMISA, at a cost of between 10 € to 25 € + VAT.
9.3. The contracted power may only be modified once a year, as long as a minimum of 12 months have elapsed since the last power change made. This period does not apply if a change of ownership of the contract has been made.
9.4. LUMISA may require the Customer at the time of contracting and in any case before the start of the supply, the delivery of a deposit or Guarantee Deposit for the amount legally established. The Customer authorizes LUMISA to apply the corresponding part of the aforementioned deposit to the balance of the amounts pending payment at the time of the contractual resolution.
General contracting conditions [PDF (0,41 MB)] Withdrawal Form [PDF (0,34 MB)] Request to exercise the Rights of the interested [PDF (0,16 MB)] Pricing Policy Particular Conditions of Self-consumption Conditions of use of the Customer Area service Conditions of use of the online payment service Particular conditions of the Friend Promotion