General contracting conditions

1. Purpose of the Contract

1.1. The purpose of this agreement (the "Contract") is the supply of electricity by COMPAÑÍA LUMISA ENERGÍAS, S.L. ("LUMISA"), with VAT number B65711855, registered office at Calle de Ausias March, 67, 08010 Barcelona, and email address [email protected], at the Supply Point (CUPS) corresponding to the Client’s address specified in the Particular Conditions, through the installations of the relevant local distributor, and under the terms set forth in the Particular Conditions, these General Conditions, and applicable legislation.

1.2. To this end, the Client, by signing this Contract, expressly agrees to contract, as the sole modality, the bundled acquisition of energy and network access through LUMISA, allowing LUMISA to offer an all-inclusive price covering both components. Through this Contract, the Client expressly authorizes LUMISA to assume, for all legal purposes, the Client’s position in the Network Access Contract with the relevant Distribution Company. The Client agrees to authorize this bundled contracting via LUMISA for the entire duration of the present Supply Contract. In case of discrepancies between the General and Particular Conditions, the Particular Conditions shall prevail over the General Conditions.

1.3. This Supply Contract is personal, and the Client must be the actual end-user of the electricity supplied. The electricity may not be used at a different location, nor may it be transferred, assigned, or made available to third parties. However, if all payments are up to date, the Client may transfer the contract to another user under the same conditions, provided a written request is submitted, jointly signed by the Client and the new holder, and accepted by LUMISA, which will handle the necessary adjustments with the Distribution Company. The effectiveness of such transfer is conditional upon this process. The quality of service shall be as defined by Royal Decree 1955/2000, of December 1, and related regulations.

2. Remote Contracting

2.1. The Parties agree that all matters related to the execution of this Contract, including its validity and the validity of notifications made by LUMISA to the Client, may be conducted by post, telephone, electronic or telematic means, including SMS, WhatsApp, and/or specific identification codes or security keys provided for this purpose by LUMISA, or any other method that ensures proper communication. Accordingly, this Contract is concluded electronically, through the website www.lumisa.es, owned by LUMISA, and is deemed to be perfected upon the Client’s acceptance via the registration or switching form. The Client must confirm the conclusion of the Contract through LUMISA’s electronic signature system, which guarantees the legal validity and security of the process. All notices and communications between the Parties under this Contract shall be made through the aforementioned means, as designated by the Client in the Particular Conditions.

2.2. In accordance with Royal Legislative Decree 1/2007, LUMISA offers the Client the option to receive invoices via email or post. If the Client expressly authorizes LUMISA to issue invoices electronically, they will be sent to the email address provided by the Client in the Particular Conditions of this Contract. The express consent for electronic invoicing will remain in effect unless explicitly revoked by the Client.

2.3. LUMISA shall not be held responsible for the actions of third-party communication service providers (e.g. phone, mail, SMS, etc.) used by the Client, nor for any damages or losses that may arise therefrom.

3. Supply Point, Quality, and Technical Conditions

3.1. For the purposes of this Contract, the Supply Point(s) refers to the connection or delivery point located within the Client’s installation where the measurement of the electrical energy supplied by LUMISA takes place.

3.2. The quality and availability of the supply are the sole responsibility of the distribution company, which owns the network where the Client’s installation is located. This quality shall be defined by the applicable regulations in force at any given time, in accordance with Royal Decree 1955/2000, of December 1, and any other relevant legislation.

3.3. The nominal voltage and maximum power that the Client may consume under this Contract shall be established in accordance with the regulations applicable for such purposes.

4. Measurement and Control Equipment

4.1. The Client must have, at the Supply Point(s) and throughout the duration of this Supply Contract, measurement and control equipment for the supplied electrical energy (“Measurement and Control Equipment”) that complies with legally established technical requirements. The Client is responsible for its safekeeping, for the devices measuring consumption, and for fulfilling all other obligations established by applicable legislation. The Client shall also be responsible for their internal installation, the completion of required inspections or revisions, maintaining the receiving installations—including consumption devices—in proper condition, and using them appropriately.

4.2. The Measurement and Control Equipment may be owned by the Client or, where applicable, leased. In the case of leasing, LUMISA will pass on to the Client the amount charged by the Distribution Company for such leasing. The Client shall also bear all expenses, taxes, and legal payments resulting from the execution of the Supply Contract and Access Contract, as well as any other costs related to the leasing or maintenance of the equipment.

4.3. Should the Distribution Company, in accordance with current legislation, deem it necessary to install a Power Control Switch (“I.C.P.”), such installation shall be carried out in accordance with the applicable regulations, and its rental shall be billed to the Client. If any regulation regarding the rental of Measurement and Control Equipment is established or amended, such regulation and its modifications shall be fully incorporated into this Contract.

4.4. In compliance with current legislation, the Client shall ensure physical access to their installation by LUMISA, the Distribution Company, or their duly authorized employees or contractors, in order to carry out readings, checks, verifications, sealing, or any other actions necessary to provide effective service under this Supply Contract.

4.5. The Client agrees not to tamper with any components of the installation, especially the Measurement and Control Equipment, in accordance with current regulations. The Client shall hold LUMISA harmless from any consequences arising from non-compliance with this obligation, without prejudice to any legal responsibilities that may apply for such tampering. LUMISA may terminate the Contract and hold the Client fully liable as established in General Condition 14.

4.6. If the Measurement Equipment fails or malfunctions, preventing the reading of consumption data for any given period, LUMISA will estimate the energy consumed by the Client, in accordance with General Condition 7.4.

4.7. As established by the Spanish Electricity Sector Law and its implementing regulations, the Distribution Company is solely responsible for maintaining the distribution network and ensuring the quality and continuity of the supply. LUMISA shall not be liable for any lack of quality or continuity in the supply, nor for any damages caused by interruptions, power outages, overvoltages, or voltage drops.

5. Price

5.1. The Client shall be obligated to pay the price detailed in the Specific Conditions of this Contract, according to the contractual modality selected by the Client from those offered by LUMISA. This price shall apply throughout the duration of the Contract, unless modified in accordance with the provisions set forth in this clause.

5.2. The established price shall include applicable indirect taxes in the geographical area where the supply is provided, including the Special Electricity Tax (IEE), as well as other regulated charges outlined in General Condition 6, which may be updated at any time during the term of the Contract in the event of any variation. The economic terms of this Contract may be modified pursuant to General Condition 9.

5.3. Likewise, the prices include regulated charges that, according to applicable legislation, must be collected by the Distribution Company and will be fully passed on to the Client in accordance with current regulations. LUMISA shall also pass on to the Client any amount claimed by the Distribution Company due to re-billing or results of inspection reports related to the Client’s supply point. Furthermore, if the Client contracts network access directly with the Distribution Company, the cost of tolls and charges shall be borne by the Client in accordance with current legislation.

5.4. The Client shall be responsible for paying for reactive energy, which will be billed in accordance with the system established in Royal Decree 1164/2001 of October 26, which determines access tariffs to the transmission and distribution networks for electrical energy, as well as any applicable amendments or substitute regulations.

5.5. The Client shall be responsible for contributing to the financing of the Social Bonus, pursuant to Royal Decree-law 7/2016, of December 23, which regulates the financing mechanism for the Social Bonus and other protective measures for vulnerable consumers in the field of electricity, or any applicable substitute regulation.

5.6. In the case of contracting an indexed price for electricity supply, LUMISA will purchase the Client’s energy on OMIE and bill the Client the final price of the energy according to the following formula:

Indexed Price = [(OMIE + ADJUSTMENTS + RO + CO) x (1 + PR(%)) + FNEE + SB] x (1 + CD(%)) + ATR

Where:

OMIE = Average price per tariff period from the results of the Spanish daily electricity market;
RO = Remunerations to system (REE) and market (OMIE) operators;
PR(%) = Transmission and distribution network losses;
SB = Social Bonus contribution;
ATR = Access tolls;
ADJUSTMENTS = Includes, among other terms, costs of adjustment services, interruptibility, capacity payments, and other components of energy supplied on the daily market;
CO = Commercialization Operating Cost as defined in the specific conditions;
FNEE = National Energy Efficiency Fund;
CD(%) = Imbalance Cost.

Additionally, LUMISA will invoice a monthly charge of €3.90 (€4.72 VAT included) as a management fee.

5.7. Any promotion, discount, and/or supplement offered to the Client by LUMISA shall be limited to the specific circumstances for which they were granted or the established duration, and shall not create any consolidation or right for the Client to retain said pricing.

6. Regulated Charges and Regulatory Changes

6.1. Regulated charges, which are beyond the control of the Parties—such as taxes, tolls or charges, capacity payments, losses, interruptibility services, contributions to the National Energy Efficiency Fund, and in general any other concept arising directly or indirectly from regulatory changes affecting prices, terms, or concepts related to electricity supply, or which result in additional costs in energy commercialization or supply—shall be passed on to the Client in accordance with the legislation and applicable administrative or judicial rulings at the time of consumption, from the effective date and under the financial terms they establish, and in accordance with the remaining terms of the Contract.

7. Billing and Payment

7.1. The Client is obligated to pay LUMISA for both the electricity consumed and the access fee corresponding to the Distribution Company, as well as other regulated components, in accordance with the prices listed in the Specific Conditions. The Client’s obligation to pay these amounts will persist until they are fully settled, even if the term of this supply contract has expired or the contract has otherwise been terminated.

7.2. LUMISA will issue monthly or bimonthly invoices to the Client for the amounts due under this Contract, which will cover both the purchase of energy and the access to the Distribution Network, depending on the form and/or frequency of the readings carried out by the entities responsible. This billing may be issued directly by LUMISA or by any third party expressly authorized by LUMISA, especially if such authorized entity has a prior commercial relationship with the Client for any other supply relationship.

7.3. The invoice issued by LUMISA will detail all legally required concepts and provide information about the origin of the supplied energy, the environmental impacts of the various energy sources, and the proportion used from each.

7.4. For billing electricity consumption, the readings taken by the responsible entities will be used, in accordance with the applicable regulatory standards. In the event that the readings are not carried out before the end of the billing period for reasons not attributable to LUMISA, the Client expressly authorizes LUMISA to bill an estimated amount, based on the consumption of the Client’s Supply Point for the average of the last three months. In this regard, LUMISA may issue supplementary invoices once actual consumption data is available, in accordance with current regulations.

7.5. For billing consumption under the indexed price modality, LUMISA will apply hourly profiling coefficients based on the market price curve, which will be applied to the consumption periods provided by the Distribution Company. The hourly profiling coefficients will apply to the consumption periods provided by the Distribution Company.

7.6. Payment will be made by direct debit to the bank account (IBAN) designated by the Client, and the payment must be made on the date the bank receives notification of the invoice amount, or, if applicable, on the date the designated bank receives notification of the amount to be charged to the Client's account. Payment may also be made via account deposit at the accounts provided by LUMISA in the Specific Conditions. However, if necessary, LUMISA may modify or establish alternative payment methods. Similarly, the Client authorizes LUMISA to retain any available balance when it is less than one hundred (100) €, to be deducted from the next billing.

7.7. Additionally, LUMISA has incorporated an online payment platform. Payment is made according to the PCI-DSS security protocol, established by credit card brands (Visa, Mastercard, 4B) to allow authentication of cardholders during online purchases. The terms of use of the online payment platform will always be available to the Client at lumisa.es/es/condiciones-pago-online.

7.8. Invoices that are not fully paid by the due date for reasons not attributable to LUMISA will be considered overdue debt and may be subject to immediate enforcement. Non-payment will result in the application of late payment interest, as well as two types of charges: (i) bank return charges, if the payment is rejected by the financial institution, which will amount to €5 (€6.05 including VAT at 21%), and (ii) administrative management charges for non-payment, arising from LUMISA's collection actions, which will be applied based on the invoice amount: from 1 to 50 € will be charged 15 € (€18.15 with VAT); from 51 to 100 € will be charged 20 € (€24.20 with VAT); from 101 to 150 € will be charged 25 € (€30.25 with VAT); from 151 to 200 € will be charged 30 € (€36.30 with VAT); and for amounts over 200 €, 35 € will be charged (€42.35 with VAT). These charges cover communications, payment requests, bank fees, and other costs incurred by LUMISA in collecting the debt, in accordance with Law 3/2004 of December 29, on combating late payments. The Client is also expressly informed that, in case of non-payment, and provided that legal requirements for data protection are met, data related to the non-compliance may be communicated to compliance or non-compliance databases.

7.9. The Client may modify the payment method by giving express notice via [email protected] at least 21 calendar days prior to the invoice issuance date, to allow for modifications with the banking entity and the charge on the new account. If two or more consecutive or alternating returns due to non-payment occur, the invoice will be sent to the address provided by the Client for payment at any of the entities facilitated by LUMISA, with any associated bank charges being transferred to the Client. Similarly, the Client must clearly identify which invoices the payments correspond to, releasing LUMISA from any liability in case of failure to do so. Some payment methods offered may be subject to the Client’s payment of certain management fees, which will be duly informed in advance.

8. Tariff Modification and Contracted Power

8.1. The Client has the right to request a modification of the power, if desired. The costs arising from a request for power modification at the Client’s request will be borne by the Client.

8.2. The Client may make a single change in the electricity tariff, either from fixed to indexed or vice versa, during a calendar year, excluding those changes necessary for legal or regulatory reasons.

9. Modification of Economic Conditions

9.1. LUMISA may modify the economic conditions of this Contract at the end of each annual period, notifying the Client in writing or through notification on the Client’s usual consumption invoice prior to the modification, with a minimum notice of one (1) month before the modification comes into effect.

9.2. Notwithstanding the above, the Client may choose to terminate the contract at any time before the start of the new term, in accordance with the regulatory procedures established for changing suppliers. Such communication must be made in writing to LUMISA within fifteen (15) days after the public disclosure or written notification of the modification of the economic conditions. If no written response is received from LUMISA expressing the Client’s desire to terminate the Contract within the specified period, it will be understood that the Client accepts the modifications on the specified date, and the Client will be deemed to accept such economic modifications on the date determined by LUMISA. If the Client’s contractual termination cannot be made effective due to regulatory processing conditions beyond LUMISA's control before the new prices come into effect, these prices will be directly applicable to the Client until the contract termination becomes effective.

9.3. Furthermore, when after the date of this Contract, new legal or regulatory provisions of an administrative, commercial, or tax nature are approved, promulgated, ratified, or modified, or if the judicial or administrative interpretation of such provisions changes, under which LUMISA incurs an increase in costs or a change in the conditions for providing the supply directly related to fulfilling its obligations, LUMISA may increase the price proportionally, with prior written communication to the Client, so as to restore the economic balance of the service that LUMISA is obligated to provide. Notwithstanding the aforementioned communication, LUMISA will duly reflect the modifications on its website so that the Client always has access to an updated copy of the Specific and General Conditions, as well as any changes that have been made. LUMISA will apply the new prices and conditions in the invoice, and these will be directly applicable to the Client until the contractual termination becomes effective.

10. Connection Fees and Security Deposit

10.1. The costs arising from connection, extension, reconnection, verification, or other necessary connection rights to provide the new supply or to extend the existing one, which correspond to the Distribution Company, will be borne by the Client. The Client must make the necessary technical adjustments to comply with the regulations.

10.2. Therefore, and in accordance with current regulations, LUMISA will invoice for the following concepts, without prejudice to any potential regulatory changes: (I) Extension rights, in case of new connections or increased power, with a charge of 17.374714 €/kW contracted + VAT (total: 21.01 €/kW); (II) Access rights, in case of new connections or power increases, of 19.703137 €/kW + VAT (total: 23.84 €/kW); (III) Connection rights, in case of new connection, power increase or decrease, or tariff change, with a charge of 9.04 € + VAT (total: 10.94 €); (IV) Verification rights, for installations over 20 years old, with a charge of 8.01 € + VAT (total: 9.69 €); and (V) Contract modification fees for administrative processing by LUMISA, with a cost ranging from 10 € to 25 € + VAT.

10.3. The contracted power may only be modified once a year, provided that a minimum of 12 months has passed since the last power change. This period does not apply if there has been a change of contract ownership.

10.4. LUMISA may require the Client, at the time of contract signing and in any case before the start of the supply, to provide a security deposit or Guarantee Deposit for the amount established by law. The Client authorizes LUMISA to apply the corresponding portion of the deposit to the outstanding balance at the time of contract termination.

11. Subrogation and Assignment

11.1. To subrogate in the rights and obligations of the Contract, a prior request for a change of ownership is required, provided that all payments are up to date. The new Client will take over the Contract under the same conditions as agreed with the previous holder, and any deposit or guarantee paid by the previous holder will be returned, if applicable, while the new Client may be required to provide a new deposit if necessary.

11.2. The Distribution Company may require, in the case of supplies older than 20 years, verification of the installations. The new holder will be responsible for covering the costs regulated by Royal Decree 1995/2000. Additionally, the adaptation of the installations and the submission of the corresponding installer’s certificate may be required if necessary.

11.3. LUMISA may assign, where applicable, the Contract and its rights and obligations to any successor company, whether legal or contractual, notifying the Client in advance.

12. Duration of the Contract

12.1. This Supply Contract is entered into for a duration of one (1) year from the start of the supply and will be automatically extended for annual periods unless either party gives prior written notice with a minimum of one (1) month before the expiration date. To this end, each invoice sent to the Client will indicate the contract end date to allow the Client to avoid its renewal if they wish. In the case of an occasional or seasonal supply, the duration will be as stated in the specific conditions, with annual periodicity in the case of seasonal supply.

12.2. The Contract will come into force on the date of its signing, although its effectiveness will be subject to the moment when access to the distribution network is provided and the Measurement Equipment complies with the requirements established by current regulations. It will also depend on LUMISA's prior verification of the data provided by the Client at the time of signing the contract, within a maximum period of fifteen (15) business days, with its effectiveness conditioned on compliance with the following obligations: (I) The prior verification by LUMISA of the data provided by the Client, reserving the right to reject the Contract in case of discrepancies or incorrect data, in the case of previous outstanding debts, or if the Client is undergoing bankruptcy or similar situations; (II) LUMISA may consult files related to the non-fulfillment of financial obligations to assess the Client's solvency. Therefore, LUMISA reserves the right to reject the Contract if the Client is registered in a solvency or credit record; (III) When the Client provides all legally required documentation for energy supply or Self-consumption and (IV) When the installations, including generation facilities, comply with the requirements established by current regulations, and access to the distribution network has been granted and made effective, without LUMISA being responsible for delays in the supply start date.

12.3. If access to the distribution network is not granted within two (2) months from the signing of this document, the Contract will be subject to review, by agreement between the parties, of the economic conditions for the Supply Point(s) involved. Otherwise, it will be considered as not signed.

12.4. The Client, notwithstanding the above, may terminate this Contract in accordance with section (VI) of General Condition 14.1 of this document. Likewise, LUMISA may unilaterally terminate this Contract at any time, notifying the Client in writing with a notice period of fifteen (15) days.

13. Suspension of Supply

13.1. In case of non-payment by the Client, LUMISA may process, in accordance with current regulations, the suspension of supply if payment has not been made in full within twenty (20) natural days from the payment request, through presentation to the financial entity where the Client has their payment domiciled or through deposit into the bank accounts provided by the Client.

13.2. The supply may also be suspended: (I) In cases of force majeure, as established in General Condition 15; (II) For non-compliance with any obligations arising from this Contract, especially failure to pay any invoice within the specified time frame; (III) In general, in the cases provided by the applicable electrical regulations, especially failure to comply with any obligations imposed on the Client as a service user, for safety reasons or risks to people or property, or to carry out necessary maintenance, repair, expansion, or replacement tasks on installations and (IV) For contract termination, in accordance with the regulatory provisions.

13.3. If LUMISA suspends the supply due to non-payment, it will not be restored until the Client has paid all outstanding amounts, including any late fees and costs incurred by the suspension and potential reactivation of the supply. LUMISA, once the Client has made the payments, will notify the Distribution Company, within a maximum of three (3) natural days, to proceed with the reactivation. During the suspension period, the Client will still be responsible for paying the items derived from the Access Contract with the Distribution Company, as well as any costs incurred as a result of the suspension and reconnection that the Distribution Company requires, such as the legally established re-engagement fees. The Distribution Company will be the sole entity responsible for the reconnection.

13.4. The Distribution Company has the authority to administratively terminate an Access Contract to the Network, and may remove the Measurement and Control Equipment if the supply remains disconnected for more than 60 days due to non-payment. Similarly, LUMISA may request the Distribution Company to administratively terminate the Client’s contract in case of supply suspension due to non-payment, in accordance with current regulations, if the Client cannot be located.

13.5. If the Client’s electricity supply is critical for powering medical equipment necessary to keep a person alive, this must be certified by a medical certificate before the 10-day deadline.

13.6. LUMISA may exercise, at any time, its right to terminate this Contract due to non-payment by the Client, as provided in section (I) of General Condition 14.1 of this document. Following the suspension of supply, LUMISA reserves the right, in case of non-compliance by the Client and if necessary under the circumstances, to transfer this Contract to the Reference Seller under the Voluntary Price for Small Consumers rate.

14. Termination of the Contract

14.1. The following are causes for contract termination, regardless of those specified in current legislation: (I) Non-compliance with any obligation arising from the Contract, especially non-payment, using the supplied energy for purposes different from those established in this Contract, or non-compliance by the Client with the commitment to not terminate the Access Contract while this Supply Contract is in effect; (II) When, by the Client or with their knowledge, unauthorized direct connections have been made without a prior contract or deviations have been established to supply energy to an installation not foreseen in the Contract, or if the measurement or control equipment has been tampered with or its correct functioning has been prevented; (III) Cases where it is legally impossible to process supply suspension; (IV) The insolvency situation or declaration of bankruptcy in accordance with applicable regulations; (V) Modifications to the economic conditions by LUMISA as stated in General Condition 9 and (VI) An express and effective communication from the Client within fourteen (14) business days from the signing of this Contract or its receipt, in the case of telematic or telephone contracting, provided that the service has not been used during this period.

14.2. This Contract will be automatically terminated, with respect to the electricity supply, if the Client subscribes to a new electricity supply contract under any Self-consumption modality, effective from its commencement date.

14.3. Each party agrees to notify the other party, with a minimum of fifteen (15) days' notice, of any voluntary request for Bankruptcy proceedings, acknowledging that failure to comply with this commitment is sufficient cause for contract termination. Similarly, the parties expressly agree that any invoice issued after the judicial declaration of bankruptcy will be considered a credit against the estate, and will be payable on its due date, in accordance with the provisions of the current Bankruptcy Law 22/2003, or the law replacing it.

14.4. Termination of the Contract due to a cause attributable to the Client during the first year of the contract and its renewals will not incur any penalties.

15. Force Majeure

15.1. Neither the Client nor LUMISA will be held responsible for non-fulfillment of the Supply Contract in cases of force majeure, and especially if LUMISA is unable to acquire or deliver electricity to the Client due to causes not attributable to it, or due to direct or indirect intervention by third parties.

16. Responsibilities

16.1. LUMISA will not be responsible for any damages caused to the Client or third parties due to actions or omissions by the Client or third parties that are not directly attributable to the Distribution Company. The Client is responsible for addressing any anomalies detected in their installations and, in general, for maintaining their installations in proper condition.

16.2. The Distribution Company, with whom the access contract is made, will be responsible for the quality of the service, understood as the continuity of the supply (number and duration of interruptions) and the quality of the product (voltage waveform characteristics), as well as for any incidents occurring in the network, as established in Royal Decree 1955/2000 of December 1. The Client is informed that the responsibility for the availability, continuity of supply, and product quality rests with the local Distribution Company, in accordance with current regulations.

17. Complaints

17.1. The Client may request information and file complaints with LUMISA regarding this Contract through the following channels:

Postal address: Carrer d'Ausiàs Marc, 67, Local, 08018 Barcelona, Spain
Email: [email protected] (subject: “Customer Service - Complaint”)
Freephone: 900 811 473

17.2. Every complaint received is registered in our computer systems, and the Client can request information about it through any of the indicated channels. LUMISA is committed to responding to all complaints as quickly as possible, which will not exceed one month from the date of receipt at our complaints center. This response aims to inform the Client of the actions that have been taken or will be taken to resolve the issue raised in the complaint. The response does not necessarily imply the resolution of the issue, as in many cases, further actions may be required that exceed the response time.

17.3. The Client acknowledges being aware of the procedures established for resolving disputes related to electricity supply, including the possibility of resorting to extrajudicial mechanisms outlined in current regulations, such as the Arbitration System for Consumer Issues, to which LUMISA is not generally subscribed. The Client also acknowledges the existence of processes defined by Autonomous Communities and the possibility of submitting disputes related to their specific rights as final energy users to the Ministry of Energy, Tourism, and Digital Agenda. Similarly, in accordance with European law, the Client is informed of the existence of the European Commission’s Online Dispute Resolution platform, accessible at the following link: http://ec.europa.eu/consumers/odr/.

18. Information of Interest

If you would like information on energy efficiency measures, comparative profiles of your energy consumption, and technical specifications of appliances that may help reduce energy consumption, you can consult:

IDAE (Institute for Diversification and Energy Saving): www.idae.es, C/Madera, 8 - 28004 Madrid - Tel. 913 14 66 73
CNMC: www.cnmc.es, Alcalá Office: Alcalá 47 - 28014 Madrid - Tel. 91 432 96 00

19. Right of Withdrawal

19.1. As a consumer, and in accordance with 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 14 calendar days without justification, starting from the date of the contract as stated in section (VI) of General Condition 14.1 of this document.

19.2. To exercise this right, you must notify us at the following address: C/ de Ausias March, 67, 08010 Barcelona, Spain, or by email to [email protected] “Customer Service - Withdrawal” using the Withdrawal Form or any similar written form.

19.3. In any case, the Client authorizes LUMISA to begin the supply under this Contract from the very moment, during the withdrawal period.

19.4. In case of withdrawal by the Client, we will refund all payments received, including delivery costs, without undue delay and, in any case, no later than 14 calendar days from the date we are informed of the Client's decision to withdraw from the contract. The refund will be made using the same payment method used by the Client for the initial transaction, unless otherwise specified. In any case, no charges will apply for the refund. However, if the Client agrees that the service or energy supply may begin during the withdrawal period, they will pay us an amount proportional to the part of the service already provided when we are notified of the withdrawal, in relation to the total object of the Contract.

20.1. If the Client is subscribed to the Social Bonus before signing the Contract, LUMISA will inform them that, by signing this new Contract, they will no longer be eligible for the Social Bonus. If the Client still wishes to subscribe to the Contract with LUMISA, they will be sent the form to renounce the application of the Social Bonus as provided in current legislation, which must be signed for the Contract to be subscribed. For more information about the Social Bonus, you can visit the website https://www.cnmc.es/bono-social.

20.2. The Client declares that they are not in a situation of energy poverty, vulnerability, and/or risk of social exclusion, nor can their supply be considered essential according to sectorial regulations. If this is not the case, the Client is responsible for obtaining the necessary documentation from the competent authorities or medical services, as applicable, to prove such a situation, and for providing and notifying LUMISA of it, exempting LUMISA from any liability in case of non-compliance.

21. Protection of Personal Data

21.1. Data Controller

In accordance with the current regulations on personal data protection, the Client is informed that their personal data will be processed under the responsibility of LUMISA, located at C/ de Ausias March, 67, 08010 Barcelona, CIF B65711855. LUMISA is the Data Controller and guarantees that the processing will be carried out in compliance with Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Organic Law 3/2018, of December 5, 2018 (LOPDGDD).

LUMISA has appointed a Data Protection Officer (DPO), who can be contacted at [email protected] for any queries regarding personal data processing or the exercise of rights.

21.2. Purpose of Data Processing

Personal data will be processed for the following purposes:

Management of the contractual relationship: LUMISA will use the Client’s personal data for contract management, billing, service maintenance, customer service, and claims or incident management.
Provision of electricity supply service: This includes service provision, consumption data recording, billing, technical issue resolution, and collection of unpaid bills.
Creditworthiness check: LUMISA may consult credit information systems (such as ASNEF, Experian, and Equifax) before formalizing a contract to assess the viability of the contract and reduce payment risks.
Debt management: If the Client defaults, LUMISA may report their data to solvency files according to current regulations.
Fraud prevention: Verifications may be conducted to ensure the accuracy of data and prevent fraud in contracting.
Sending commercial information: LUMISA may send information about its own products and services via electronic means, provided the Client has given consent. The Client can oppose receiving commercial communications at any time via the available means.

21.3. Legal Basis for Data Processing

The legal bases for processing the Client’s personal data are:

Contract execution: For managing the contract and providing the service.
Compliance with legal obligations: Related to fiscal, commercial, and energy regulations.
Legitimate interest: For fraud prevention and conducting internal studies.
Client consent: For sending commercial communications.

21.4. Data Retention Period

Personal data will be retained for the time necessary to fulfill the processing purposes. Once the contractual relationship ends, the data will be blocked for a maximum period of 5 years and will be securely deleted when no longer needed, unless there are any administrative or judicial claims, in which case the data will be retained until the procedure is concluded.

21.5. Data Recipients

Personal data may be communicated to:

Public administrations and regulatory bodies.
The Distribution Company for managing electricity supply.
Financial institutions for payment management.
Fraud prevention entities and solvency files in case of default.
LUMISA suppliers and collaborators providing services on its behalf.

No international transfers of personal data are planned.

21.6. Client’s Rights

The Client may exercise the following rights at any time:

Access: To know which data LUMISA is processing.
Rectification: To request the correction of inaccurate or incomplete data.
Erasure: To request the deletion of data when no longer necessary.
Opposition: To request that certain data not be processed.
Restriction of processing: To limit the use of data in certain cases.
Portability: To request the transmission of their data to another entity.

To exercise their rights, the Client can send a written request to LUMISA, C/ de Ausias March, 67, 08010 Barcelona, Spain, or by email to [email protected], attaching a copy of their ID. They may also make the request through the form available at the following link: Request for Exercise of Rights. If the Client has any complaint or question regarding how their data is processed, they may contact the Data Protection Officer at [email protected].

21.7. Complaints

If the Client believes that their data processing does not comply with current regulations, they can file a complaint with the Spanish Agency for the Protection of Data (AEPD) through its electronic headquarters: www.aepd.es.

21.8. Changes to the Data Protection Policy

LUMISA may modify this clause at any time to adapt it to regulatory changes or service improvements. Any update will be published on LUMISA's official website: www.lumisa.es.

22. Legislation and Jurisdiction

22.1. This Supply Contract will be governed and interpreted in accordance with applicable Spanish law, and in particular, with Law 24/2013, of December 26, on the Electricity Sector, its implementing regulations, and any regulations that amend or replace it.

22.2. In case of any dispute or controversy arising from the interpretation, application, or execution of this Contract, LUMISA and the Client, expressly waiving any other jurisdiction that may apply, submit to the jurisdiction of the Courts and Tribunals corresponding to the location of the Client's installation where the supply is provided.

22.3. If, by judicial or any other provision, any clause of this Contract is found to be invalid or ineffective, such invalidity or ineffectiveness will not affect the validity and effectiveness of the remaining clauses, which will remain in force and may be enforced before any jurisdiction. The Parties agree to replace any clause that becomes invalid or ineffective with another valid clause with similar effects.