Specific Conditions of the Recharge Point

1. Object of the contract

The purpose of these Specific Conditions for the installation of the Recharging Point is to make available to the Client the specific conditions for the installation of the Recharging Point for the Electric Vehicle for companies and individuals. For the rest of the stipulations, specified in the following conditions will be governed based on the

2. Permissions and approvals

The Client, with the help of LUMISA, will be responsible for obtaining the necessary permits and approvals from the relevant authorities before the Installation of the Recharging Point, including the pertinent verification of the restrictions or limitations derived from the General Planning Plan Urban, municipal ordinances, historical heritage, construction permits, electricity supply and connection agreements with the owner of the local network.

3. Installation Price

The price offered by LUMISA in the Contract will be the final price of the installation of the Recharging Point (hereinafter, “Recharging Installation”), provided that the information regarding the Customer's supply is correct. If the information provided by the Client was erroneous or misleading, LUMISA shall have the right to adjust the prices or suspend the project without assuming any responsibility towards the Client. The cancellation by the client due to these errors will entail the payment of the cancellation fee. The increase in the costs derived from erroneous information regarding the technical conditions of the Customer's property provided by the Customer will be fully invoiced to the Customer. If the Customer provides erroneous information, the Recharge Facility will be re-quoted and completed.

Prices include full charging installation, including all materials, labor and commissioning of the service, unless otherwise specified in the contract. Prices do not include costs related to local requirements of the owners of the public network, in accordance with current regulations, as well as the costs of the construction permit that each municipality may require for the installation.

LUMISA may require that the installation be partially or fully paid before it begins. Customers with financing must inform LUMISA in the event that such financing is rejected.

4. Financing and subsidies

LUMISA, through the entity Banco Bilbao Vizcaya Argentaria, S.A. and subject to its authorization, facilitates the payment of the cost of installation and equipment. Banco Bilbao Vizcaya Argentaria, S.A. offers two available rates. Interest-free rate: Maximum financing for 84 months.

LUMISA is not responsible for the approval of national or local subsidies or assistance plans to the Client. All prices may be gross and net of subsidies, the Client will always be responsible for the payment of the gross price at the time of recharging facility.

5. Installation

LUMISA collaborates with external companies (hereinafter the “Installer”) in the engineering, installation and delivery of the Recharging Facility. The client accepts the use of external companies to carry out said actions.

The Installer is the one who carries out the recharging engineering, planning and installation, including the components and the electrical and mechanical design. The engineering of the project is based on the information provided by the Client, such that the management of its supply and the information related to the material of the Recharging Point and its dimensions, being able to propose changes or modifications in the installation and in the materials in order to achieve the necessary performance.

The Customer shall allow and ensure unhindered access to its supply point to the Installer in order to install the Recharging Facility.

The Customer, together with the Installer, shall be responsible for obtaining the necessary permits and approvals from the relevant authorities prior to recharging installation. LUMISA is not responsible for any permitting processes on behalf of the Customer. LUMISA reserves the right to provide information to the Client to assist in the process of obtaining permits and approvals.

The Client will be responsible for notifying the insurance company of the recharging facility on the Client's property.

6. Installation Duration

LUMISA will provide the Client with an estimated installation time and duration. The Installer will set the actual date of the installation during the project planning phase and it will be communicated to the Client. The installation date may be modified later due to issues related to approvals and permits, among other limitations. LUMISA is not responsible for installation times greater than those anticipated.

7. Installation commissioning

Commissioning, including commissioning of power production, is done after approval by local authorities. In some cases, the owner's electricity meter is required to be changed prior to commissioning start-up of the recharge facility.

The Client accepts that the Recharging Installation will be understood to be finished after the start-up and delivery of the documentation provided by the Installer.

LUMISA will send an invoice to the Client at the time of Delivery of the Recharging Installation by the installer. The Client must pay the invoice within 10 days of receiving it. In the event of late payment, the Client must pay late payment interest in accordance with applicable law.

8. Guarantees

Guarantee on installation

Once the installation is finished, the Installer grants a 2-year warranty on the work performed by the Installer. Any damage caused by the Installer within the warranty period will be repaired and/or compensated in accordance with these Particular Conditions The Client will be responsible for notifying LUMISA of any damage suffered, within the guarantee period.The damages suffered due to the lack of communication by the Client will not be covered by the guarantee on the Installation.The guarantee period begins after the start-up and delivery of the documentation provided by the Installer. Any work carried out by the Client or a third party during the warranty period of the Installation will void said warranty.

Guarantee on materials

The Manufacturer grants a guarantee, specified in the conditions of the charging point, on the charging points used in the Installation. Any defective charging point during its guarantee period will be replaced or repaired at the discretion of the Installer. Any Work carried out on the charging points installed by the Client or a third party during the guarantee period of the Installation will void said guarantee.

9. Responsibilities

The Client will be solely responsible for correcting any anomaly and maintaining its electricity installations, recharging installations, emergency lighting and fire extinguishing equipment in adequate conditions.

The Client will inform LUMISA of any circumstance that alters it and, in particular, any change that it makes to modify its connection and/or enable its isolation from the network.

LUMISA is not responsible for any damage to the Client's property caused by the Client's negligence or by the Client's breach of these conditions.

10. Marketing

The Client grants LUMISA the right to freely use the images of the Client's property, the Recharge Facility and the installation process in its marketing activities, including social media coverage.

11. Legislation

This Supply Contract shall be governed by the stipulations contained therein and by the regulations in force at all times.

12. Personal data protection

Who is responsible for processing your data? LUMISA, located at C/ de Ausias March, 67, 08010 Barcelona, with CIF B65711855, is responsible for processing the User's personal data and informs you that these data will be treated in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data.

Who will we communicate your data to? LUMISA will only communicate the data to Public Organizations and Institutions of the General State Administration, as well as the Distribution Company, in order to be able to contract on behalf of the client.

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 Client 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 Client, as well as the tasks of information and marketing of the services offered by LUMISA or by third parties and activities related to them for which The Client expressly, precisely and unequivocally consents to the signing of the Supply Contract.

How long will we keep your data? Personal data will be kept for no longer than necessary to maintain the purpose of the treatment and when it is no longer necessary for that purpose, it will be deleted with adequate security measures.

How have we obtained your data? This treatment will only be carried out if LUMISA has the consent of the interested party. Said consent will be understood as granted if the interested party provides their personal data for this purpose through the form established for this purpose in this web page or other means.In turn, by signing this Contract, the Client expressly consents to the transfer and processing of the personal data 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 the supply of energy.In the same way, the Client 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 But, it will require the consent of the Client. The personal data subject to 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 owned by him or is authorized for said transfer by the owner of the same. The Client declares that all the data provided to LUMISA is true, committing to keep them updated. The Client will be responsible for the data provided, such that if the Client provided the wrong CUPS, a third party would be registered, the Client being solely responsible for the damages caused by this situation.

What are your rights in relation to the processing of your personal data? The Client 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 aforementioned files by written communication to LUMISA at the following address: A/A: Apartado de Correos 18002, 08018 Barcelona, Spain or by email addressed to protecciondedatos@lumisa.es, attaching a photocopy of your DNI If you wish, we attach request to exercise the rights of the interested party. As well as the right to file a claim with the Spanish Data Protection Agency if you consider that the treatment does not comply with the normative in force.