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General Conditions

  • 1. OBJECT OF THE CONTRACT
    1. 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.
    2. 1.2. To this end, the Client, by signing this Agreement, expressly accepts and as a sole modality, the attached contracting of the acquisition of energy and access to the networks through LUMISA, thus enabling it offer a comprehensive global price of both concepts and, for which, by means of this LUMISA Contract, it is expressly authorized and empowered by the Client, so that, for all purposes, it acquires its legal position in the Distribution Network Access Contract that you subscribe with the Distributor Company where the Client installation is located. The Client undertakes to authorize the aforementioned joint contracting 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 Individuals and the General ones will prevail in this order.
    3. 1.3. This Supply Contract is personal and the Customer must be the effective user of the electricity supplied, not being able to use it in a different place for which it was contracted, or transfer, transfer or make it available to third parties. However, as long as the price is up to date, the Client 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 the regularization of the Access Contract whose effectiveness will be conditioned to the aforementioned transfer. The quality of the service will be the one defined by regulation in Royal Decree 1955/2000, of December 1 and concordant norms.
  • 2. DISTANCE CONTRACTING
    1. 2.1. The parties agree that all matters related to the development of the Contract, including the validity and execution of this Agreement and the validity of the notifications that LUMISA may carry out to the Client, may be made by ordinary mail, 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 Contract is concluded electronically, through the website owned by LLUMISA, and is understood to be perfected with the acceptance by the Client expressed through the registration or change form. The Client must accept by means of email the conclusion of the Contract in the General Conditions through Logalty Servicios de Tercero de Confianza, S.L., a service attached to LUMISA. All notifications and communications, between the parties, to be made under this Agreement will be made through the means mentioned above, which for this purpose the Client has indicated in the Particular Conditions of this Contract.
    2. 2.2. LUMISA will not be liable for the actions of the operators of the media (telephone, mail, SMS, among others) outside LUMISA used by the Clients, as well as for the damages they may cause.
    3. 2.3.
  • 3. SUPPLY POINT AND TECHNICAL CONDITIONS
    1. 3.1. For the purposes of what is established in this Contract, the Supply Point / s is understood as the connection or delivery point located in the Client's installation where the measurement of the consumption of the electric energy supplied by LLUMISA is made. The quality of the supply and its availability will be the responsibility of the Distributor Company as the owner of the network in which the Client installation is based on the terms established in condition 14.
    2. 3.2. The nominal voltage and the maximum powers that the Client may consume under this Agreement shall be established in accordance with the provisions of the applicable regulations for such purposes.
  • 4. MEASUREMENT AND CONTROL EQUIPMENT
    1. 4.1. 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.
    2. 4.2. This Measurement and Control Equipment may be the property of the Client. In the case of Measurement Equipment for rent, LUMISA will transfer to the Client the amount that the Distribution Company bills him.
    3. 4.3. In the event that the Distributor Company, in compliance with current legislation, considers the installation of the Power Control Switch (“I.C.P”) necessary, it will be installed in accordance with the regulations established and billing its rental to the Client. 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 Contract.
    4. 4.4. The Client, in accordance with current regulations, must guarantee physical access to its installation to LLUMISA, the Distributor Company, or its duly accredited employees or contractors, in order to carry out the work of reading, checking, verifying, sealing or other that are generally necessary for an effective provision of the service object of this Supply Contract.
    5. 4.5. The Client undertakes not to manipulate any of the components of the installation, and especially the Measurement and Control Equipment, in accordance with current regulations, in any case exonerating LUMISA from any contingency that may arise from breach of this obligation, and without prejudice to the responsibilities legally required by said manipulation. Being able to terminate the contract by LUMISA demanding full responsibility from the Client as established in General Condition 12.1.
    6. 4.6. In the event of failure or deficiency of the Measurement Equipment not allowing the reading of the consumption data for any period, LUMISA will make an estimate of the energy consumed by the Client, as established in General Condition 6.3.
    7. 4.7. In accordance with the provisions of the Electric Sector Law and its development regulations, the Distributor Company is solely responsible for maintaining the distribution network and for the quality and continuity of the supply, LUMISA will not be responsible for the lack of quality or continuity of supply or damage caused as a result of interruptions, power outages, overvoltages or voltage drops.
  • 5. PRICE
    1. 5.1. The Client is obliged to pay LUMISA for both the electricity consumed and the access fee that corresponds to the Distribution Company and other regulatory regulated components, in accordance with the prices contained in the Particular Conditions. The prices include the regulated values that, in accordance with the applicable regulations, correspond to the Distributor Company, and which will be transferred in full to the Client according to current regulations. Likewise, LUMISA will pass on to the Client any amount claimed by the Distributor Company due to re-invoicing or Results of inspection records in relation to the Customer's point of supply. The variations of the regulated values that could be approved by the Administration for the period of validity of this Contract will be automatically transferred to the prices, without this being considered a modification of the contractual conditions in the terms established in the 7th condition. The obligation of the Client to meet these amounts will persist until its total settlement, even if the term of time provided for this supply contract had been reached or that it had been extinguished in any other way.
    2. 5.2. In the event that the Measurement Equipment is owned by the Distributor Company, and the Client has chosen to rent it, the latter must pay LUMISA the corresponding price for said rental. They will also be in charge of the Client, therefore increasing the applicable price, all those expenses, costs, taxes and payments that are legally enforceable as a result of the subscription of the Supply Contract and the Access Contract.
    3. 5.3. 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. 5.4. Any type of promotion, discount and / or supplement on the price offered to the Costumer by LUMISA ENERGÍAS, S.L. 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. For more information see our Price Policy
  • 6. BILLING AND PAYMENT
    1. 6.1. LLUMISA will invoice monthly or bimonthly the amount to be paid by the Client derived from this Contract, which includes 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..
    2. 6.2. In the invoice issued by LUMISA, all legally required concepts will be detailed and will provide information on the origin of the energy supplied, the environmental impacts of the different energy sources and the proportion used between them.
    3. 6.3. For the billing of the electrical energy consumption 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 work is not carried out before the end of the billing period for reasons not attributable to LUMISA, the Client expressly authorizes him to invoice an estimated amount, taking as reference the consumption of his Supply Point / s corresponding to the average of the last three months. For these purposes, LUMISA may make additional invoices once the actual consumption is known, in accordance with current regulations.
    4. 6.4. Payment will be made by direct debit in the account (IBAN) designated by the Client, and payment must be made on the date of receipt by the banking entity of the communication of the invoice amount, or if applicable, on the date on which The designated bank receives the communication with the amount to be charged to the Client's account. Likewise, payment may be made through Account Deposit in the accounts provided by LUMISA in the Particular Conditions. However, if necessary, LUMISA may modify, as well as establish alternative forms of payment. Similarly, the client authorizes LUMISA to retain the available balance, when it is less than € 100, in order to deduct it in the next billing.
    5. 6.5. Invoices not paid in full by the due dates due to causes not attributable to LUMISA will be considered as past due debt, and may be subject to immediate execution. Likewise, non-payment of any invoice will accrue default interest; bank return expenses, as well as administrative management expenses generated by the subsequent claim to the Client of the unpaid debt corresponding to an amount of thirty-five (35) €, as established for this in the law to combat late payment Law 3 / 2004 of December 29, and notwithstanding the provisions of the rest of the General Conditions. Likewise, the Client is expressly informed that, if the payment term is not met and provided that all the requirements established in the data protection regulations are fulfilled, the data regarding non-payment may be communicated by LUMISA to a file of compliance or breach of monetary obligations.
    6. 6.6. The Client may modify the payment method by express notification through atcliente@lumisa.esLUMISA by transferring the client to the Client bank charges caused by the return of it. In the same way, you must clearly identify to which invoices the payments correspond, exempting LUMISA from any damage and loss otherwise. Some of the payment methods that may be offered may be subject to payment by the Client of certain management expenses that will be duly informed in advance.
  • 7. MODIFICATION OF THE ECONOMIC CONDITIONS
    1. 7.1. 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.
    2. 7.2. 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.
    3. 7.3. 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.
    4. 7.4.
    5. 7.5.
    6. 7.6.
  • 8. INCOME RIGHTS AND GUARANTEE DEPOSIT
    1. 8.1. 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.
    2. 8.2. Likewise, and according to current regulations, LUMISA will invoice for the concepts described below, notwithstanding that said costs may be varied by regulation: (I) Extension rights, in the event of power ups or increases, with an amount of 17,374714 €/kW contracted + VAT; (II) Access rights, in the event of high or increased power, of 19.703137 €/kW + VAT; (III) Coupling rights, in the event of high, increase or decrease of the power and change of tariff, with a cost of 9.04 € + VAT; (IV) Verification rights, for installations of more than 20 years, with an amount of 8.01 € + VAT; (V) Modification of the contract for the steps taken by LUMISA, with a cost of between 10 € to 25 € + VAT.
    3. 8.3. 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.
  • 9. SUBROGATION AND ASSIGNMENT
    1. 9.1. For the subrogation of the rights and obligations of the Contract, the request for change of ownership will be necessary, provided that the payment is up to date. The new Client will be subrogated in the Contract under identical conditions to those agreed with the previous holder, to whom the deposit or guarantee that would have been constituted will be restored, and a new deposit will be required to the new Client if necessary.
    2. 9.2. LUMISA may assign, where appropriate, the Contract and the rights and obligations arising therefrom to any company that succeeds it legally or contractually, communicating it previously to the Client.
  • 10. DURATION OF THE CONTRACT
    1. 10.1. 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.
    2. 10.2. 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.
    3. 10.3. 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. SUPPLY SUSPENSION
    1. 11.1. 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) natural 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.
    2. 11.2. Likewise, the supply may be suspended: (I) In cases of force majeure, as set forth in General Condition 13; (II) Due to breach of any of the obligations arising from this Contract and, in particular, the failure to pay any invoice within the established term; (III) In general, in the cases provided for in the current electrical regulations and, especially, the breach of any obligation imposed on the Client as a user of the service, for reasons of safety or risk to people or goods, or performing necessary tasks maintenance, repair, extension or replacement of facilities; (IV) By contractual resolution, and in accordance with the regulations.
    3. 11.3. 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.
    4. 11.4. The Distribution Company will have the power to cancel an Access to the Network administrative 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 from the Distributor Company the administrative withdrawal of the Client in a situation of suspension of the supply due to non-payment, in accordance with current regulations, if it is not possible to locate it.
  • 12. RESOLUTION OF THE CONTRACT
    1. 12.1. 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 the non-payment of the amount, the use of the energy supplied for the purpose or use different from the one established in this Contract or the breach by the Client of the commitment not to terminate the Access Contract while this Supply Contract is in force; (II) When, by the Client or with his knowledge, direct hooks have been made without prior contract or established deviations to supply power to an installation not provided for in the Contract, as well as manipulation of the measurement or control equipment or its correct functioning is avoided; (III) The cases of legal impossibility of processing the suspension of supply; (IV) The insolvency situation or declaration of insolvency in accordance with current regulations; (V) The modification of the economic conditions by LUMISA in the terms established in the General Condition 7; (VI) The express and reliable communication by the Client within the term of fourteen (14) business days from the signing of this Contract or from its receipt, in the case of contracting via telematic or telephone, and provided that during this period no The service has been used.
    2. 12.2. 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.
    3. 12.3.
    4. 12.4.
    5. 12.5.
    6. 12.6.
  • 13. FORCE MAJEURE
    1. 13.1. 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.
    2. 13.2.
    3. 13.3.
    4. 13.4.
  • 14. RESPONSIBILITIES
    1. In no case will LLUMISA be liable for damages and losses caused to the Client or to third parties due to actions or omissions of the Client himself or of third parties that are not directly attributable to the Distributor Company. The Client is responsible for correcting any anomaly detected in its facilities and, in general, for maintaining its facilities in adequate conditions.
  • 15. CLAIMS
    1. 15.1. The Client may request information as well as make claims to LUMISA in relation to this Contract through all available channels of communication, such as at the following address: A / A: PO Box 18002, 08018 Barcelona Spain or through the email addressed to atcliente@lumisa.es Customer Service - Claim; or by telephone to the toll free number 900 811 473.
    2. 15.2.
  • 16. LEGISLATION AND JURISDICTION
    1. 16.1. 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.
    2. 16.2. 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.
  • 17. RIGHT OF WITHDRAWAL
    1. 17.1. As a consumer, and according to Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, you have the right to desist from this contract within a period of 14 calendar days without need of justification and from the conclusion of the contract as provided in section (VI) of the General Condition 12 of this document.
    2. 17.2. To exercise this right, you must notify us at the following address: A / A: PO Box 18002, 08018 Barcelona Spain or through our email to atcliente@lumisa.es Customer Service - Withdrawal using the Form of Withdrawal or other writings of analogous character.
    3. 17.3. In any case, the Client authorizes LUMISA to initiate the supply object of this Contract from the first moment, during the withdrawal period.
  • 18. PROTECTION OF PERSONAL DATA
    1. 18.1. Who is responsible for the processing of your data? LUMISA, located at c / Badajoz 145 3ª, 08018 BARCELONA with CIF B65711855 is responsible for the treatment of the personal data of the User and informs him that this data will be treated in accordance with the provisions in the regulations in force on data protection personal, the Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and the Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of natural persons with regard to the treatment of personal data and the free circulation of these data.
    2. 18.2. Who will we communicate your data to? LUMISA it will only communicate the data to Public Organizations and Institutions of the General State Administration, as well as the Distributor Company in order to be able to contract on behalf of the client.
    3. 18.3. For what purpose do we treat 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 perform the maintenance and management of the contractual relationship with the Client, as well as the information and marketing of the services offered by LUMISA or by third parties and related activities for which the Client consents in an express, precise and unambiguous manner to the signature of the Supply Contract.
    4. 18.4. How long will we keep your data? The personal data will be kept for no longer than necessary to maintain the end of the treatment and when it is no longer necessary for that purpose, will be removed with adequate security measures.
  • 19.
    1. 19.1.
    2. 19.2.
  • 20.
    1. 20.1.
    2. 20.2.
    3. 20.3.
    4. 20.4.
    5. 20.5.
    6. 20.6.
    • GENERAL CONDITIONS OF CONTRACTING

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