1.1. The purpose of this contract (the "Contract") is the supply of electricity by COMPAÑÍA LUMISA ENERGÍAS, SL ("LUMISA") to the installation owned by you (“the Costumer”) in the connection or delivery points ("Supply Point") indicated in the Particular Conditions.
1.2. To this end, the Costumer, by signing this Contract, expressly accepts the only modality, the contracting of the acquisition of energy and access to the networks through LUMISA, thus enabling it to offer a comprehensive global price of both concepts and for which, through this LUMISA Contract, it is expressly authorized by the Costumer, so that, for all purposes, it acquires its legal position in the Distribution Network Access Contract that subscribes with the Distributor Company where the Customer's installation is located. The Costumer undertakes to authorize the aforementioned joint contracting through LUMISA as long as this Supply Contract remains in force.
1.3. This Supply Contract is personal and the Customer must be the effective user of the electric power supplied, not being able to use it in a different place for which it was contracted, or assign it, alienate it or make it available to third parties. However, provided that it is up to date with the payment of the price, the Costumer may transfer his contract to another consumer who will use it under the same conditions, upon presentation in writing of the request for change of ownership with the joint signatures of the Client and the new owner, and acceptance of LUMISA, who will manage before the Distributor Company the regularization of the Access Contract whose effectiveness will be conditioned to the aforementioned transfer. The quality of the service will be that defined by regulation in Royal Decree 1955/2000, of December 1 and concordant norms. The responsibility for the availability and quality of the supply is from the Distributor Company in the area in accordance with the provisions of current regulations.
1.4. The parties agree to grant full legal validity to the consent expressed by the Costumer through telephone or telematics means. Therefore, this Contract is celebrated electronically, through the website owned by LUMISA, and is understood to be perfected with the acceptance by the Costumer expressed through the registration or change form. The Customer must accept by means of email the conclusion of the Contract in the General Conditions through Logalty Servicios de Tercero de Confianza, S.L., service assigned to LUMISA.
2. POINT OF SUPPLY AND TECHNICAL CONDITIONS
2.1. For the purposes of what is established in this Contract, Supply Point is understood as the point of connection or delivery located in the Customer's installation in which the measurement of the consumption of electric power supplied by LUMISA is made.
2.2. The nominal voltage and the maximum powers that the Costumer may consume under this Contract shall be established in accordance with the provisions of the regulations applicable for such purposes.
3. MEASUREMENT AND CONTROL EQUIPMENT
3.1. The Customer must have at the Supply Point, during the validity of this Supply Contract, a measurement and control equipment for the electric power supplied (“Measurement and Control Equipment”) that complies with the legally established technical requirements, being responsible of its custody, of the equipment that measures the consumption, and of the fulfillment of the other obligations established by the current legislation.
3.2. This Measurement and Control Equipment may be owned by the Client. In the case of Measurement Equipment for rent, LUMISA will transfer to the Costumer the amount that the Distributor Company charges.
3.3. In the event that the Distributor Company, in accordance with the legislation in force, considers the installation of the Power Control Switch (“I.C.P”) necessary, it will be installed in accordance with the regulations and billing the Costumer for rent. In the event that some type of regulation is established on rentals of Measurement and Control Equipment, the same and its future modifications will be transferred in full to this Contract.
3.4. The Customer, in accordance with current regulations, must guarantee physical access to its installation to LUMISA, the Distributor Company, or its duly accredited employees or contractors, in order to perform the reading, checking, verification, sealing or other work that with general character they are necessary for an effective rendering of the service object of the present Supply Contract.
3.5. The Costumer undertakes not to manipulate any of the components of the installation, and especially the Measurement and Control Equipment, according to the provisions of the current regulations, in any case exonerating LUMISA from any contingency that may arise from the breach of this obligation, and without prejudice to the responsibilities legally required by such manipulation. Being able to resolve the contract by LUMISA demanding all responsibility to the Client as established in the General Condition 9.1.
3.6. In the event of failure or deficiency of the Measurement Equipment not allowing the reading of the consumption data for any period, LUMISA will estimate the energy consumed by the Costumer, as established in General Condition 5.4.
3.7. In accordance with the provisions of the Electricity Sector Law and its development regulations, the Distributor Company is the unique 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 of the damages produced as a result of interruptions, power cuts, overvoltage or voltage drops.
4.1. The Costumer is obliged to pay LUMISA both the electric power consumed and the access tariff that corresponds to the Distributor Company and other regulatory regulated components, in accordance with the prices listed in the Particular Conditions.
4.2. In the event that the Measurement Equipment is owned by the Distributor Company, and the Costumer has chosen to rent it, the latter must pay LUMISA the corresponding price for the aforementioned rent. They will also be the responsibility of the Customer, thus increasing the applicable price, all those expenses, costs, taxes and payments that are legally required as a result of the subscription of the Supply Contract and the Access Contract.
4.3. Any type of promotion, discount and / or supplement on the price offered to the Costumer by LUMISA will be limited to the specific circumstances for which they were granted or to the duration established in those without generating consolidation or any right to the Customer in the maintenance of the aforementioned price.
5. BILLING AND PAYMENT
5.1.LUMISA will invoice monthly or bimonthly the amount to be paid by the Costumer 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.
5.2. The invoice issued by LUMISA will detail all the legally required concepts and provide information on the origin of the energy supplied, the environmental impacts of the different energy sources and the proportion used between them.
5.3. The payment will be made by direct debit in the account designated by the Costumer, and payment must be made on the date of receipt by the bank of the communication of the amount of the invoice. Likewise, the payment can be made through Income in Account in the accounts provided by LUMISA in the Particular Conditions. However, if necessary, LUMISA may modify and establish alternative payment methods. In the same way, the customer authorizes LUMISA to retain the available balance, when it is less than € 100, in order to discount it in the next billing.
5.4. For the invoicing of the consumptions of electrical energy 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 readings are not performed before the end of the billing period due to causes not attributable to LUMISA, the Customer expressly authorizes the invoicing of an estimated amount, taking as reference the consumption of its Supply Point corresponding to the average of the last three months. For these purposes, LUMISA may carry out additional billings once the actual consumption is known, in accordance with current regulations.
5.5. If Invoices not paid in full on the dates foreseen for causes not attributable to LUMISA will be considered past due debt, and may be subject to immediate execution. Likewise, the non-payment of any invoice will accrue interest for late payment; bank refund costs, as well as administrative management costs generated by the subsequent claim to the Costumer of the unpaid debt corresponding to an amount of thirty-five (35) €, as established for it in the law against delinquency Act 3 / 2004 of December 29, and without prejudice to the provisions of the rest of the General Conditions.
5.6. In the event of return of the direct debit of the payment of the invoice, the bank charges incurred for the return of the same will be transferred to the Costumer.
6. MODIFICATION OF THE ECONOMIC CONDITIONS
6.1. The prices and conditions reflected may be modified by LUMISA every six months in accordance with the General Conditions. LUMISA will notify the Costumer of the specific date of the price review, prior to public information by means of a written notice addressed to it or by notification on its usual consumer invoice prior to the modification at least one (1) month before the entry into force of the modification.
6.2. Notwithstanding the foregoing, in the event that the modification results in an increase in the price over the initially stipulated, the Customer may inform LUMISA of its decision to terminate the Contract, in accordance with the procedures established in the regulations regarding the change of supplier. Said communication must be made in writing to LUMISA within the term of fifteen (15) days following the putting into public knowledge or the written notification of the modification of the economic conditions. After fifteen (15) days from its release in public knowledge or from the communication to the Costumer without having received a written response from the same stating its desire to terminate the Contract, it shall be understood that the Costumer accepts such economic modifications on the date determined by LUMISA. In the event that the contractual termination by the Costumer cannot be made effective, due to regulatory processing conditions external to LUMISA, prior to the entry into force of the new established prices, these will be directly applicable to the Costumer until the contractual resolution is make effective.
6.3. On the other hand, when subsequent to the date of this Contract, laws, regulations or regulations of an administrative, mercantile or tributary nature are approved, promulgated, ratified or modified, or the judicial or administrative interpretation of said provisions or those already existing is modified on the date of the Contract, under which LUMISA will suffer an increase in cost or an alteration of the conditions of provision of the supply directly related to the fulfillment of its obligations, LUMISA may increase the price proportionally, prior written communication to the Costumer, of so that the economic balance of the service to which the Marketer is obliged is restored.
7. INCOME RIGHTS AND GUARANTEE DEPOSIT
7.1. Expenses incurred by the coupling, extension, reconnection, verification, or other connection rights necessary to meet the new supply or for the extension of the existing one, which correspond to the Distributor Company, shall be borne by the Customer.
7.2. Likewise, and in accordance with the regulations in force, LUMISA will invoice for the concepts described below, without prejudice to the fact that these costs may be changed by regulation: (a) extension rights, in the event of additions or increase in power, with an amount of 17, € 374714 / kW contracted + VAT; (b) access rights, in the event of additions or increase in power, of € 19,703137 / kW + VAT; (c) enlistment rights, in the event of registration, increase or decrease in power and rate change, at a cost of € 9.04 + VAT; (d) verification rights, for installations of more than 20 years, with an amount of € 8.01 + VAT; (e) modification of the contract, as regards the steps taken by the Marketer, with a cost of between € 10 to € 25 + VAT.
7.3.LUMISA may demand from the Costumer at the time of contracting and in any case before the start of the supply, the delivery of a bond or Security Deposit for the legally established amount. The Costumer 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 termination.
8. SUPPLY SUSPENSION
8.1. In case of non-payment by the Costumer, and without prejudice to the provisions of General Condition 5, LUMISA may process, in accordance with current regulations, the suspension of supply if twenty (20) days have elapsed since they were required the payment, by presenting the payment to the financial institution where the Customer has domiciled the payment of the invoice or through the deposit in account of the bank accounts provided to the Costumer, and this one would not have been paid in full.
8.2. Likewise, the supply may be suspended: (A) In cases of force majeure, as established in the 10th General Condition; (B) For breach of any of the obligations arising from this Contract and, in particular, the failure to pay any invoice within the time limit; (C) In general, in the cases envisaged in the current electrical regulations and, especially, the breach of any obligation imposed on the Costumer as a user of the service, for reasons of safety or risk to persons or property, or performance of necessary tasks maintenance, repair, expansion or replacement of facilities and (D) By contractual resolution, and in accordance with the provisions of the regulations.
8.3. If LUMISA suspends the supply due to non-payment, it will not be replaced until the Customer has made all the payments owed, as well as the late payment interest 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, will notify the Distributor Company, within a maximum period of three (3) calendar days, for it to proceed with the replacement of the same. During the period of suspension of supply, the Customer will remain 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 Company, such as the legally established re-entitlement rights. The Distributor Company will be the only responsible for the reconnection.
8.4. The Distributor Company will have the power to administratively withdraw an Access to the Network contract, being able to withdraw the Measurement and Control Equipment if the supply remains more than 60 days without connection due to non-payment. Similarly, LUMISA may request from the Distributor Company the administrative withdrawal of the Client in a situation of suspension of supply due to non-payment, in accordance with current regulations, if it is not possible to locate it. LUMISA may exercise, at any time, its right to terminate this Contract due to non-payment of the Client as provided in section (A) of General Condition 9 of this document. Subsequently to the processing of the suspension of supply, LUMISA reserves the right to, in case of breach of this Contract by the Client and if necessary under the circumstances, transfer this Constract to the Reference Marketer in the modality of Tariff of Voluntary Price to the Small Consumer.
9. RESOLUTION OF THE CONTRACT
9.1. The following are causes for termination of the Contract, independently of those indicated in the legislation in force: (A) Failure to comply with any obligation arising from the Contract, in particular, the non-payment of the amount, the use of the energy supplied for purpose or use different from that established in this Contract or the breach by the Costumer of the commitment not to terminate the Access Contract while this Supply Agreement is in force; B) When, by the Client or with his knowledge, direct connections have been made without prior contract or established deviations to supply power to a facility not provided for in the Contract, as well as handling of the measurement or control equipment or its correct operation is avoided; (C) The cases of legal impossibility of processing the suspension of supply; (D) The situation of insolvency or declaration of bankruptcy in accordance with current regulations; (E) The modification of the economic conditions by LUMISA in the terms established in the General Condition 6th and (F) The express and reliable communication by the Costumer within fourteen (14) business days from the signing of this Contract or from its reception, in the case of online contracting or by telephone, and provided that during this period the service has not been used.
9.2. The termination of the Contract for reasons attributable to the Costumer during the first year of the contract and the extensions will not cause any penalty.
10. FORCE MAJEURE
The Costumer or LUMISA will not respond to the breach of the Supply Contract in cases of force majeure and, in particular, if there is an impossibility on the part of LUMISA to acquire or send electric power to the Customer, for reasons not attributable to it, or for direct or indirect intervention of third parties.
11. DURATION OF THE CONTRACT
11.1. This Supply Contract is signed for a term of one (1) year from the start of the supply and will be automatically extended for annual periods of not having prior written notice by any of the parties with at least one advance ( 1) month to the expiration date. For this purpose, each invoice sent to the Costumer will indicate the date of termination of the Contract to the effect that it can avoid its extension, if that is his 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.
11.2. The Contract will enter into force on the date of its signature, although its effectiveness will be conditioned to the moment in which access to the distribution network is available and the Measurement Equipment complies with the requirements established by the current regulations. As well as the prior verification by LUMISA of the data provided by the Costumer on the date of signature of the Contract, within a maximum period of fifteen (15) natural days, being able to reject it in case of discrepancy or incorrect data or in case of previous outstanding debt.
11.3. In the event that the access to the distribution network was not granted before two (2) months from the signing of this document, the Contract will be conditioned to the revision, by agreement between the parties, of the economic conditions for the / the Supply Point / s object of the same. Otherwise, it will be understood as not subscribed.
11.4 The Costumer, notwithstanding the provisions of the preceding paragraph, may terminate this Contract in compliance with section (F) of General Condition 9 of this document.
12.LEGISLATION AND JURISDICTION
12.1. This Supply Contract will be governed and interpreted in accordance with the applicable Spanish law and, in particular, with Law 24/2013, of December 26, of the Electricity Sector, it’s implementing regulations and any regulations that modify or replace it.
12.2. In the event of any discrepancy or controversy arising from the interpretation, application or execution of this Agreement, LUMISA and the Costumer, expressly waiving any other jurisdiction that may apply, submit themselves to the jurisdiction of the corresponding Courts and Tribunals to the place where the installation of which the Costumer owns and in which the supply is provided.
The Customer may submit claims to LUMISA through all available communication channels, such as at the following address: A / A: PO Box 18002, 08018 Barcelona Spain addressed to email@example.com “Customer Service - Claim”; either by email addressed to or by telephone to the toll free number 900 811 473.
14. PROTECTION OF PERSONAL DATA
14.1. For the purposes of the provisions in current regulations regarding 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 perform maintenance and management of the contractual relationship with the Costumer, as well as the work of information and marketing of the services offered by LUMISA or by third parties and related activities for which the Costumer consents in an express, precise and unambiguous manner to the firm of the Supply Contract.
14.2. The Costumer declares that all the data provided to LUMISA are truthful, committing to keep them updated. The Customer will be responsible for the data provided, so that if the Customer provides wrong CUPS, they would be registering a third party, being the Costumer the only one responsible for the damages caused by this situation.
14.3.LUMISA undertakes to comply with its duty to keep personal data secret, and will adopt the legally foreseen and necessary measures to avoid its alteration, loss, treatment or unauthorized access, taking into account at all times the state of the applicable technology. In turn, upon signing this Agreement, the Costumer expressly consents to the transfer and processing of personal data contained in the file to COMPAÑÍA LUMISA ENERGÍAS, SL or its subsidiaries so that they can be sent to them by any means, commercial information, of the products and services marketed by COMPAÑÍA LUMISA ENERGÍAS, SL and its subsidiaries or third parties related to the supply of energy. In the same way the Costumer 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. Any other use of the personal data contained in the file will require the consent of the Costumer.
14.4.LUMISA informs that, at any time, the Costumer may revoke his consent to the transfer of data as well as exercise the rights of access, rectification and cancellation of the data contained in the files previously mentioned by means of a written communication to LUMISA at the following address: A / A: PO Box 18002, 08018 Barcelona, Spain or by email to firstname.lastname@example.org, attaching a photocopy of your ID.