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General Conditions

  • 1. OBJECT OF THE CONTRACT

    1. 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.
    2. 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.
    3. 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. REMOTE CONTRACTING

    1. 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. 2.2. 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.
    3. 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. SUPPLY POINT AND TECHNICAL CONDITIONS

    1. 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.
    2. 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. MEASURING AND CONTROL EQUIPMENT

    1. 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.
    2. 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.
    3. 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. 4.4. 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
    5. 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.
    6. 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.
    7. 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. PRICE

    1. 5.1. 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.
    2. 5.2. 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.
    3. 5.3. 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.
    4. 5.4. 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. BILLING AND PAYMENT

    1. 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.
    2. 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.
    3. 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.
    4. 6.4. 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.
    5. 6.5. 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. 6.6. Invoices not paid in full on the dates provided for causes 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 default interest, bank return costs, as well as administrative management expenses generated by the subsequent claim to the Customer of the unpaid debt corresponding to an amount of thirty-five (35 €), in concept of debt collection costs, which include communications and requests for payment purposes, fees for the return of banks and any other expenses incurred by LUMISA for the said purpose, according to the 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 the General Conditions, the Customer is also expressly informed that, of not meeting the payment deadline and as long as all the requirements established in the data protection regulations are met, the data regarding non-payment may be communicated by LUMISA to a file compliance or non-compliance with monetary obligations.
    7. 6.7. The Customer may modify the form of payment by express notification through atcliente@lumisa.es 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. SELF-CONSUMPTION

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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. MODIFICATION OF THE ECONOMIC CONDITIONS

    1. 8.1. The reflected prices and conditions may be modified by LUMISA every six months in accordance with the General Conditions. 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 one (1) month to the entry into force of the modification.
    2. 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.
    3. 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. RUSH RIGHTS AND GUARANTEE DEPOSIT

    1. 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.
    2. 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.
    3. 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.
    4. 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.

  • 10. SUBROGATION AND ASSIGNMENT

    1. 10.1. For the subrogation in the rights and obligations of the Contract, it will be necessary the previous request of change of ownership, provided that the payment is current. The new Customer will be subrogated in the Contract in identical conditions to those agreed with the previous owner, to whom the deposit or guarantee that would have been constituted will be returned, where appropriate, and a new deposit will be required from the new Customer if necessary.
    2. 10.2. The Distribution Company may require, in the case of supplies over 20 years old, the verification of the facilities, so the new owner will be responsible for meeting the costs regulated by Royal Decree 1995/2000. In addition, it may require, if necessary, their adaptation and the presentation of the corresponding Installer Bulletin.
    3. 10.3. LUMISA may assign, where appropriate, the Contract and the rights and obligations arising from it to any company that succeeds it legally or contractually, previously communicating it to the Customer.

  • 11. DURATION OF THE CONTRACT

    1. 11.1. This Supply 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 any of the parties at least one (1) month in advance of the expiration date. To this end, each invoice sent to the Customer will indicate the date of termination of the Contract so that it can avoid its extension, if that is its will. In case of eventual supply or season, the duration will be that indicated in the particular conditions, with annual periodicity in case of season.
    2. 11.2. The Contract will enter into force on the date of its signature, although its effectiveness will be conditioned to the moment when access to the distribution network is available and the Measurement Equipment meets the requirements established by current regulations, as well as prior verification by LUMISA of the data provided by the Customer at the date of signing the contract, within a maximum period of fifteen (15) business days , its effectiveness being conditioned on the fulfillment of the following obligations: (I) Upon prior verification by LUMISA of the data provided by the Customer, reserving the right to reject the Contract in case of discrepancy or Data inaccuracy, in case there is a previous outstanding debt, or in the event that the Customer is in bankruptcy, bankruptcy or similar situation; (II) LUMISA may consult files related to the breach of din obligations erarias to know the solvency of the Customer. Therefore, LUMISA reserves the right to reject the Contract if the Customer is registered in a register of capital solvency or credit; (III) At the moment in which the Customer provides all the necessary documentation that is legally required for the supply of energy or Self-consumption and (IV) At the moment in which the facilities, including the generation facility, if applicable, comply with the requirements established by current regulations, and access to the distribution network is available and has been made effective, without there being LUMISA responsibility for delays in the supply start date.
    3. 11.3. In the event that access to the distribution network was not granted before two (2) months from the signing of this document, the Contract will be subject to revision, by agreement between the parties, of the economic conditions for the Supply Point/s subject to the same. Otherwise it will be understood as not subscribed.
    4. 11.4. The Customer, however, the provisions of the preceding paragraph, may terminate this Agreement in compliance with section (VI) of the 13th General Condition of this document. Likewise , LUMISA may unilaterally terminate this Agreement at any time, communicating it in writing to the Customer with a term of fifteen (15) days in advance.

  • 12. SUPPLY SUSPENSION

    1. 12.1. In case of non-payment by the Customer, LUMISA may process, in accordance with current regulations, the suspension of supply if twenty (20) calendar days have elapsed since the payment had been required, by presenting the collection to the financial institution where the Customer has domiciled the payment of the invoice or through the account entry of the bank accounts provided to the Customer, and this had not been fully paid.
    2. 12.2. Likewise, the supply may be suspended: (I) In cases of force majeure, as established in the 14th General Condition; (II) For breach of any of the obligations arising of this Contract and, especially, the non-payment of any invoice within the foreseen term; (III) In general, in the cases provided for in the current electrical regulations and, especially, the breach of any obligation that is imposed on the Customer as user of the service, for reasons of security or risk to people or property, or performing necessary tasks of maintenance, repair, expansion or replacement of facilities and (IV) By contractual resolution, and in accordance with the provisions of the regulations.
    3. 12.3. If LUMISA suspends the supply due to non-payment, it will not be replaced until the Customer has made all the payments due, as well as the interest for late payment. accrued and the expenses caused by the suspension and eventual replacement of the supply. LUMISA , and once the payments owed by the Customer have been made, it will notify the Distributor Company, within a maximum period of three (3) days natural, so that it can proceed to its replacement During the period of suspension of supply, the Customer will continue to be responsible for the payment of the concepts derived from the Access Contract with the Distributor Company, as well as the expenses incurred as a consequence of the suspension and reconnection required by the Distributor, such as the legally established reclosure rights. The Distributor will be solely responsible for the reconnection.
    4. 12.4. The Distribution Company will have the authority to unsubscribe a Network Access contract, being able to withdraw the Measurement and Control Equipment if the supply remains more than 60 days without connection due to non-payment In the same way, LUMISA may request the Distributor to withdraw the Customer from an administrative situation in which the supply is suspended due to non-payment, in accordance with current regulations, if its location is not possible.
    5. 12.5. In the event that the electrical supply of the Customer's home is essential for the supply of medical equipment that is necessary to keep a person alive, this circumstance must be accredited by means of a medical certificate. , before the term of 10 days.
    6. 12.6. LUMISA may exercise, at any time, its right to terminate this Contract for non-payment by the Customer as provided in section (I) of the General Condition 13º of This document, successively to the suspension of supply, LUMISA reserves the right, in case of breach of this Contract by the Customer and if necessary according to the circumstances, to transfer this Contract to the Reference Marketer in the form of the Voluntary Price for the Small Consumer.

  • 13. CONTRACT TERMINATION

    1. 13.1. The following are causes for termination of the Contract, regardless of those indicated in current legislation: (I) Failure to comply with any obligation arising from the Contract, especially non-payment of the amount, the use of the energy supplied for a purpose or use other than that established in this Contract or the breach by the Customer of the commitment not to terminate the Access Contract while this Supply Contract is in force; (II) When, on the part of of the Customer or with his knowledge, direct couplings have been made without prior contract or deviations have been established to supply energy to an installation not provided for in the Contract, as well as the measurement or control equipment has been tampered with or its correct operation has been avoided; (III) The cases of legal impossibility to process the suspension of supply; (IV) The situation of insolvency or bankruptcy declaration in accordance with the regulations v igent; (V) The modification of the economic conditions by LUMISA in the terms established in the 8th General Condition and (VI) The express and reliable communication by the Customer within fourteen (14) days working from the signing of this Contract or from its reception, in the case of contracting via telematic or telephone, and as long as during this period the service has not been used.
    2. 13.2. This Contract will be automatically terminated, as regards electricity supply, if the Customer signs a new electricity supply Contract under some form of Self-consumption and with effect from its entry into force.
    3. 13.3. Each party agrees to notify the opposing party, and with a minimum notice of fifteen (15) days, any voluntary request for Bankruptcy, admitting that the breach of said commitment is sufficient cause for the contractual resolution In the same way, the parties expressly admit that any invoice that is issued after the date of the judicial declaration of the Contest will be considered credit against the estate, being obliged to pay it when due , in accordance with the provisions of the current Insolvency Law 22/2003, or the norm that replaces it.
    4. 13.4. The termination of the Contract for reasons attributable to the Customer during the first year of the contract and the extensions will not produce any penalty.

  • 14. FORCE MAJEURE

    1. The Customer and LUMISA will not respond to the breach of the Supply Contract in cases of force majeure and, especially, if there is an impossibility on the part of LUMISA to acquire or send the electrical energy to the Customer, for reasons not attributable to him, or by direct or indirect intervention of third parties.

  • 15. RESPONSIBILITIES

    1. 15.1. LUMISA will not be liable under any circumstances for damages or losses caused to the Customer or third parties due to actions or omissions of the Customer or third parties that are not directly attributable to the Distribution Company. The Customer is responsible for correcting any anomaly detected in its facilities and, in general, for maintaining its facilities in adequate conditions.
    2. 15.2. The Distribution Company, with whom access is contracted, will be responsible for the quality of the service, understanding as such, the continuity of supply, (number and duration of interruptions) and the product quality (characteristics of the voltage wave), as well as incidents that occur in the network, in the terms established in Royal Decree 1955/2000 of December 1. The Customer is informed that responsibility for availability , continuity of supply and product quality belongs to the Distribution Company of the area in accordance with the provisions of current regulations.

  • 16. CLAIMS

    1. 16.1. The Customer may request information as well as make claims to LUMISA in relation to this Contract through all available communication channels, such as at the following address: A / A: PO Box 18002, 08018 Barcelona Spain, or via email addressed to atcliente@lumisa.es “Customer service - Claim”; or by phone at the toll free number 900 811 473.
    2. 16.2. All complaints received are registered in our computer systems and the Customer may request information about them in any of the indicated channels. LUMISA undertakes to answer all complaints in the shortest possible time, which will not be more than a month from the date it is received in our claims service center This reply is intended to inform the Customer of the actions that have been taken or will be carried out to solve the incident object of the claim. The answer does not necessarily imply the solution of the incident, since in many occasions it may require actions in which the time exceeds that set for the answer.

  • 17. LEGISLATION AND JURISDICTION

    1. 17.1. This Supply Contract will be governed and will be interpreted in accordance with the applicable Spanish law and, in particular, with Law 24/2013, of December 26, on the Electrical Sector, its regulations of development and any regulations that modify or replace it.
    2. 17.2. In the event of any discrepancy or controversy arising from the interpretation, application or execution of this Contract, LUMISA and the Customer, with express resignation to another jurisdiction that may correspond to them, they submit to the jurisdiction of the Courts and Tribunals corresponding to the place where the installation of which the Customer is the owner and where the supply is provided.
    3. 17.3. When by legal provision or of any other nature, any of the clauses of this Contract is invalid or ineffective, such ineffectiveness or invalidity will not affect the validity and effectiveness of the remaining clauses thereof, which will remain in force and may be exercised before any jurisdiction. The Parties agree to replace any clause that becomes invalid or ineffective with a valid one with the most similar effect possible.

  • 18. RIGHT OF WITHDRAWAL

    1. 18.1. As a consumer, and according to Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and Other complementary laws, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification and to count from the conclusion of the contract as provided in section (VI) of the 13th General Condition of this document.
    2. 18.2. To exercise this right, you must notify us at the following address: A/A: PO Box 18002, 08018 Barcelona Spain or through our email addressed to atcliente@lumisa.es “Customer service - Withdrawal” using the Withdrawal Form [Download ] or other similar writings.
    3. 18.3. In any case, the Customer authorizes LUMISA to start the supply object of this Contract from the first moment, during the withdrawal period.
    4. 18.4. Consequences of Withdrawal: In the event of withdrawal by the Customer, we will make the payment of all payments received, including delivery costs without delay improper and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract.The refund will be made using the same payment method used by the Customer for the initial transaction. , unless you have provided otherwise, in any case, you will not incur any expenses as a result of the refund, however, if the Customer agrees that the provision of services or the supply of energy may begin during the withdrawal period, we will pay an amount proportional to the part already rendered of the service at the moment in which you have notified us of your withdrawal, in relation to the total object of the Contract.

  • 19. SOCIAL BONUS

    1. 19.1. In the event that the Customer is included in the Social Bonus prior to the subscription of the Contract LUMISA will inform that with the subscription of this new Contract they will not be able to benefit from the Social Bonus: If, in the same way, the Customer wishes to sign the Contract with LUMISA, the model of waiver of the application of the Social Bonus provided for in the current legislation will be sent to it so that the Contract is signed. If you want more information about the Social Bonus, you can find out on the website https://www.cnmc.es/bono-social.
    2. 19.2. The Customer declares that he is not in a situation of energy poverty, vulnerability and/or risk of social exclusion, as well as that he cannot be considered an essential supply in the terms of the sector regulations. Otherwise, the Customer is obliged and is solely responsible for obtaining from the competent Administration or the competent medical services, as appropriate, the necessary documentation to prove such situation, as well as to facilitate it and make it known to LUMISA, exempting all responsibility in case of non-compliance.

  • 20. PROTECTION OF PERSONAL DATA

    1. 20.1. Who is responsible for the processing of your data? LUMISA, located at c/ Badajoz 145 3ª, 08018 BARCELONA with CIF B65711855 is the person in charge of the treatment of the User's personal data and informs him that this data will be treated in accordance with the provisions of current regulations on the protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of natural persons with regard to the processing of personal data and the free movement of these data.
    2. 20.2. To whom will we communicate your data? LUMISA will only communicate the data to Public Organizations and Institutions of the General State Administration, thus as the Distributor Company in order to be able to contract on behalf of the client.
    3. 20.3. For what purpose do we process your data? For the purposes of the provisions of current regulations regarding the processing of personal data, LUMISA informs the Customer that their data will be incorporated into an automated or manual file created under the responsibility of LUMISA, in order to carry out the maintenance and management of the contractual relationship with the Customer, thus as well as the information and marketing work of the services offered by LUMISA or by third parties and activities related to them for which the Customer expressly, precisely and unequivocally consents to the signing of the Contract of Supply.
    4. 20.4. How long will we keep your data? Personal data will be kept for no longer than necessary to maintain the end of treatment and when it is no longer necessary for this purpose, they will be removed with adequate security measures.
    5. 20.5. How have we obtained your data? This treatment will only be carried out if LUMISA has the consent of the interested party. Said consent shall be deemed granted If the interested party provides their personal data for this purpose through the form established for this purpose on this website or other means, in turn, upon signing this Contract, the Customer expressly consents to the transfer and treatment of personal data. personnel contained in the file to LUMISA or its subsidiaries so that they can be sent by any means, commercial information, of the products and services marketed by LUMISA and its subsidiaries or third parties related to energy supply In the same way the Customer gives his consent for the treatment of the data contained in the file to those companies whose intervention is necessary for the provision of the service. Other use of the personal data contained in the file will require the Customer's consent. The personal data object of treatment by LUMISA are those obtained from the user through the use of digital or physical platforms and the contracting of products or services. For this reason, the user guarantees that all the data provided is their property or is authorized for said transfer by their owner. The Customer declares that all the data provided to LUMISA is true, promising to keep them updated. The Customer will be responsible for the data provided, such that if the Customer provided the wrong CUPS, a third party would be registering, the Customer being solely responsible for the damages caused by this situation.
    6. 20.6. What are your rights in relation to the processing of your personal data? The Customer may revoke their consent at any time, as well as exercise their rights of opposition, access, portability, rectification, limitation, and deletion of data, data contained in the files mentioned above by written communication to LUMISA at the following address: A/A: Post office box 18002, 08018 Barcelona, Spain or by email addressed to protecciondedatos@lumisa.es, attaching a photocopy of your ID. the rights of the interested party [Download ]. As well as the Right to file a claim with the Spanish Protection Agency Data if you consider that the treatment does not comply with current regulations.

    • 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
    Special Conditions of the Promotion Super Offer
    Special conditions of the promotional Rate

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