GENERAL CONDITIONS OF THE ELECTRICITY SUPPLY CONTRACT
1OBJECT OF THE CONTRACT
1.1- The object of the present Contract is the supply of electrical energy provided by COMERCIALIZADORA LERSA, S.L. ("the Reseller") at the customer's installations at the connection or delivery point ("Supply Point") indicated in the Particular Conditions, as well as the provision of the Additional Services that, if applicable, are contracted, as indicated in the referred Particular and Specific Conditions, if applicable.
1.2.- This Contract shall be governed by the stipulations contained herein and by the regulations in force from time to time, as indicated in the Contract.
1.3.- Likewise, if the Customer is a Self-consumer in the modality indicated in the Particular Conditions of this Contract, this will be governed according to the terms and conditions set out in Royal Decree 244/2019, of 5 April and other applicable regulations in force; consequently, it must comply with the minimum conditions, requirements and documentary demands established in the applicable regulations, even if no energy is poured into the networks at any time, in which case, it must install an Anti-spillage Mechanism, under the terms set out in Royal Decree 244/2019. Likewise, the special metering, billing and supply conditions will be governed by the provisions of Royal Decree 244/2019 and other applicable regulations.
1.4.- In the event that the Client is a member of the collective self-consumption modality, it must send, individually, to the Distribution Company, as the person in charge of the reading, the same agreement signed by all the participants in the collective self-consumption, which includes the energy distribution criteria, in the terms set out in Annex I of Royal Decree 244/2019, of 5 April. In the event that the Customer wishes the Retailer to send the aforementioned agreement with the distribution criteria to the distribution company, this must be made clear at the time of signing this supply contract. In the event of having a self-consumption representative or Manager, this figure will be able to carry out, on behalf of the consumer, the procedures that the latter must carry out with the Distribution Company and/or the Reseller, in accordance with the regulatory provisions in force.
2.- CUSTOMER AUTHORISATIONS
2.1.- The Client, by signing this Supply Contract, and in the event that it does not expressly state its intention to directly contract access to the distribution network ("Access Contract") with the Distribution Company in the area where the Client's installation is located ("Distribution Company"), expressly accepts and authorises the Reseller to jointly contract the acquisition of energy and access to the network. Therefore, it expressly authorises the Reseller to contract with the Distribution Company, on its behalf, the access to the distribution network, assuming its legal position in the aforementioned Access Contract. The Customer undertakes not to terminate the Access Contract that the Reseller enters into with the Distribution Company while this Supply Contract is in force.
2.2.- By signing this Contract, the Client authorises the Reseller to act before the Distribution Company, taking the necessary steps for the successful completion of the contracted supply. Likewise, the Customer authorises the Supplier to carry out all the necessary steps to cancel the supply contract that, prior to the date of the present Contract, the Customer may have established with another supplier.
3.- DURATION, ENTRY INTO FORCE AND EXTENSION OF THE CONTRACT
Unless a different duration is stipulated in the specific conditions, this Supply Contract shall have a duration of one (1) year from the date of commencement of the supply, or of the supply and self-consumption, as the case may be.
3.2.- The Contract will come into force at the moment it is signed. However, its effectiveness will be conditional upon the moment at which access to the distribution network is granted by the Distribution Company. Likewise, its effectiveness will be conditional upon prior verification by the Distributor of the data provided by the Customer. In the event that, for any other reason, the contract is not activated within 15 days, Comercializadora Lersa reserves the right to modify the economic offer contained in the Particular Conditions of this contract.
3.3.- The Contract will be automatically extended for periods of the same duration, unless either of the parties communicates their unequivocal wish to terminate the Contract fifteen (15) days in advance in the case of supplies of less than 10kW, one (1) month in the case of other low voltage supplies and two (2) months in the case of high voltage supplies, by any means that allows the identity and wishes of the interested party to be recorded.
3.4.- The Seller reserves the right to request the Client to provide a sufficient guarantee of payment, in the form of a deposit or bank guarantee, under the conditions to be determined. The Seller will return this guarantee to the Client at the end of the present Contract, without prejudice to the right of the Seller to retain the corresponding part in the event of non-payment by the Client or non-fulfilment of its obligations derived from the present Contract. Failure on the part of the Client to provide, within a period of one (1) month, the guarantee which, where applicable, is requested, shall result in the termination of this Agreement, without any right to any compensation in favour of the Client.
3.5.- For the purposes of self-consumption, the time of permanence in the self-consumption modality chosen by the Customer will be at least four months from the date of registration or modification of the access contract.
3.6.- The Customer may only use one of the Self-consumption modalities provided for, and may not use the types or modalities of Self-consumption simultaneously in the same period of time.
3.7.- If the Customer wishes to make use of the Self-consumption with surpluses modality not covered by Simplified Compensation, whether individual or collective, he/she must sign the corresponding representation contract in the electricity market.
4.- POINT OF SUPPLY AND TECHNICAL CONDITIONS
For the purposes of this Supply Contract, the Supply Point is understood to be the connection or delivery point located at the Customer's installation. In the case of Self-consumption, the customer declares that he has a suitable connection point for the chosen mode of Self-consumption, processed with the Distribution Company, and therefore the Supplier is exempted from all responsibility for the same.
4.2.- The Rated Supply Voltage and the contracted Powers are those appearing in the Particular Conditions in accordance with the provisions of current legislation and, in particular, in accordance with the provisions of Circular 3/2020, of 15 January, of the National Commission for Markets and Competition, and Royal Decree 1164/2001, of 26 October. For these purposes, the Customer is free to choose the supply mode, access tariff and voltage level that it deems appropriate within the scope of those officially approved. To this end, the Supplier undertakes to duly inform and advise the applicant on the access tariffs, power to be contracted, variants, and how to use the hourly discrimination, power factor correction and other conditions of the supply contract, so that he/she can choose the supply modality that best suits his/her interests.
4.3.- In general, once a tariff or its mode of application has been chosen, the subscriber may not replace it with another, without the agreement of the Distribution Company, until a minimum period of one (1) year has elapsed, except in the event that this change is expressly contemplated in accordance with the regulations applicable at any given time, or in the event that there are changes in the legal conditions of its application or that special circumstances alter the conditions of supply. In the event of a discrepancy between the Distribution Company and the subscriber, the competent body of the public administration will decide what is appropriate.
In this respect, the Customer may choose the contracted power that he/she wishes, having to adjust to the steps corresponding to those of standardised intensity for the control devices to be used, except in the event that the power requested by the Customer is equal to or less than 15kW; in the latter case, he/she may request the application of non-standardised powers for his/her supply under the provisions of Royal Decree-Law 15/2018, of 5 October.
4.4.- For the purposes of self-consumption, when the installed power of the generation installation is modified, the customer who has an access contract for its consumption installations must notify the Distribution Company of this circumstance. In the event that the Customer wishes the Distributor to inform the Distribution Company of this circumstance, the Customer must expressly inform the Distributor of this wish. This provision will not be applicable in the case of consumers who carry out self-consumption and are connected to low voltage, in which the generating installation is low voltage and the installed generation power is less than 100KW; in these cases, the modification of the access contract will be carried out by the Distribution Company on the basis of the documentation sent by the Autonomous Community.
5.- PRICE
5.1.- Price components. The price of the supply will be that established in the Price Annex attached to this Contract. The Customer undertakes to pay the Retailer the total price of the contracted supply, which includes the price of the energy supplied, in accordance with the prices attached to this Contract, the price of the access toll, system charges and other components regulated in the legislation in force that the Distribution Company is entitled to receive. In addition to the above, the other regulated items applicable to the supply will be added to the above prices, such as, for example, the financing of the social tariff (in the amount applicable according to the regulations in force at any given time) and the amount of the adjustment mechanism established by Royal Decree-Law 10/2022, as well as the taxes, fees, surcharges and/or levies in force at any given time that are applicable to the supply and are payable to the Customer. In addition, if Additional Services are contracted, the Customer is obliged to pay the corresponding Price established in the Particular and Specific Conditions, where applicable, of this Contract. The Customer will also be responsible for all expenses, costs and payments that may be legally required as a result of the subscription of the supply and network access Contracts. In the event that the Customer requests a supply registration, the Supplier may charge a fee of up to 30€ for these services, in addition to the regulated costs requested by the Distribution Company, such as: access rights, extension rights, connection rights, among others. In the event that the metering equipment installed is rented, the Customer is also obliged to pay the amount stated in the Offer.
5.2.- In the event that the Customer is under the Self-consumption with surplus modality with compensation, the simplified compensation mechanism referred to in article 14 of Royal Decree 244/2019 will consist of a balance in economic terms of the energy consumed in the billing period; both the hourly energy consumed from the grid and the surplus hourly energy will be valued in accordance with the price defined in the Price Annex attached to this contract. In no case may the economic value of the surplus hourly energy exceed the economic value of the hourly energy consumed from the grid in the billing period, which may not exceed one month.
5.3.- For the application of the simplified compensation mechanism, the Customer that has applied this mechanism must send the Distribution Company, either directly or through the Supply Company, the same contract signed between the producer and the associated consumer, or, where applicable, the surplus compensation agreement, requesting its application. In the event that the Customer is a member of the collective self-consumption modality with surpluses subject to compensation, the Customer, either directly or through the designated self-consumption representative or Manager, must send the Distribution Company the same surplus compensation contract between the participating parties, requesting the application of the same. Said Contract will use the distribution criteria, if applicable, coinciding with those communicated to the Distribution Company.
In the event that the Customer wishes the Distributor to send the aforementioned surplus compensation Contract/Agreement to the distribution company, the Customer must expressly express this wish to the Distributor.
5.4.- Variations due to regulatory changes. Any variation in the prices of access tolls, system charges, or other regulated items that the Distribution Company is entitled to receive, or the possible creation and/or modification by the applicable regulations of other regulated items on the price of energy during the period of validity of the Contract, will be automatically transferred to the Contract Prices, without constituting a modification of the Contract's Financial Conditions. In this case, the variation in prices will be communicated to the Customer in the billing following its application, and the Customer will be authorised to terminate the Contract, and this circumstance must be communicated to the Reseller within a maximum period of fifteen (15) fifteen days.
5.5.- Modification of economic conditions. The prices that appear in the Price Annex may be subject to revision and/or modification by the Supplier, and this fact must be communicated directly to the Customer at least one (1) month prior to its entry into force. In the event that the revision entails an increase in price over the previous price, the Customer may terminate the Supply Contract without any type of financial penalty being applied. In this case, the Customer must notify the Supplier in writing, within a period of fifteen (15) fifteen days from the day following the day on which the notification is made. Once the (15) fifteen (15) days have elapsed without the Client having expressed its wish to terminate the Contract in writing, it shall be understood that the Client accepts the new financial conditions.
5.6.- Refactoring. Likewise, the Customer must assume the payment of any re-billings that, under the conditions established by regulation, may be made in the event of administrative errors or incorrect operation of the metering and control equipment, or in the event of manipulation or fraud in the metering of consumption. The Customer must also assume the amount of the re-billings imposed by the regulations in force at any given time, metering regularisations by its distributor, as well as by judicial decisions that so establish.
5.7.- Promotions and discounts. Any type of promotion, discount or supplement on the price offered to the Customer by the Reseller will be limited and will be applied according to the specific circumstances and duration for which it was granted, without generating any consolidation or right to the Customer in the maintenance of that price.
6.- READING, INVOICING AND PAYMENT METHOD
6.1.- Reading and billing. The billing frequency will be as indicated in the Particular Conditions. In the modalities of Self-consumption with Surpluses under Simplified Compensation, whether individual or collective, the Reseller will invoice on a monthly basis. In all other cases, the Reseller will invoice the Customer on a monthly or bimonthly basis, in accordance with the actual consumption measurements provided by the Distribution Company, and in accordance with the provisions of the applicable regulations, specifically, for low voltage consumers up to 15 kW of contracted power, in accordance with the provisions of Royal Decree 1718/2012, of 28 December and, where applicable, in accordance with the agreement between the parties. In the event that it has not been possible to take the reading for reasons not attributable to the Reseller, and the Customer does not make the reading of its Equipment available to the Distribution Company, the Customer expressly authorises the Reseller to bill according to estimated readings provided by the Distribution Company, in accordance with the procedure set out in the regulations in force at any given time. For this purpose, the Customer authorises the Supplier to invoice an estimated amount, in the event that the reading is not taken before the end of the billing period, in accordance with criteria of proportionality with regard to consumption in the same period of the previous year and, if there is no such reading, in the previous monthly periods for which consumption has been read. If there is no consumption in the previous monthly periods, consumption will be estimated according to criteria of proportionality with respect to customers with the same characteristics. For these purposes, the Reseller may make complementary billings once actual consumption is known, in accordance with current legislation.
6.2.- Invoice. The Retailer shall issue the invoice and shall detail the amount corresponding to the energy consumed, the compensation for surplus energy, in the event of self-consumption with surpluses, and the contracted power, with imputation of the part corresponding to the tolls and the costs established in the regulations in force, the price of the rental of metering and control equipment, the price of other services provided, if any, as well as any other costs that may be approved by the Administration during the term of the Supply Contract. The bill shall also detail the discounts and/or complementary rebillings that, where applicable, may be applicable. The billing of reactive energy, when applicable, will be carried out as established in the Particular Conditions, in accordance with the regulations in force.
In the event that the Customer is covered by the simplified surplus compensation mechanism, whether Individual or Collective, the maximum amount to be compensated for surplus energy in each bill may not exceed the amount of the energy term consumed, compensation that will be carried out in accordance with the hourly curves received from the Distribution Company. Under no circumstances may the result of the compensation be negative, nor may it be compensated with the power term. The term agreed in the Particular Conditions for surplus energy will be applied to the amounts to be billed before taxes. In any case, the compensation will be made within the monthly billing period, and provided that the Reseller has received the corresponding settlements from the System Operator.
The Customer shall receive the invoice electronically or may request to receive the invoice by ordinary post, as indicated in the Particular Conditions. In the event that the Customer receives the invoice electronically, he/she may register for the "online invoice" service of the Customer's Virtual Office on the following website www.lersaenergia.com. This service will consist of the possibility of viewing and downloading electronic invoices from the Virtual Office once the corresponding invoice issue notification has been received at the e-mail address provided for this purpose. To access the Virtual Office, the Customer must authenticate themselves with the username and password provided when registering for the service, in accordance with the conditions of use specified.
6.3.- Payment. Payment shall be made in the manner established in the Particular Conditions. In the event that the Client has chosen to pay by direct debit, payment shall be made to the account designated by the Client in the Particular Conditions. Alternatively, the Client may choose to make the payment by bank transfer or deposit in the account of the Reseller set up for this purpose. Payment must be made no later than fifteen (15) days after notification of the amount to be paid by the Client to the bank where the payments are domiciled.
In the event of payment by direct debit, the Client, through the acceptance of this Contract, authorises and consents COMERCIALIZADORA LERSA SL or the company that may replace it in the future, to proceed, with a charge to the bank number indicated in the Particular Conditions, to collect the direct debits that arise as a result of the invoices generated by virtue of this Contract, in accordance with article 25 of Law 16/2009 on payment services. In the same way it will be understood that COMERCIALIZADORA LERSA SL is authorised to transfer this authorisation, through this Contract, to the corresponding banking entities, so that they can be aware of it.
6.4.- Delay in payment. Invoices that are not fully paid on the scheduled dates, for reasons not attributable to the Supplier, will be considered as overdue and may be subject to immediate execution. Failure to pay any invoice will accrue, without the need for prior notice, annual interest for late payment equal to the legal interest rate plus two points from the day following the scheduled date of payment or, if applicable, in accordance with the legal rate of interest for late payment established in article 7.2 of Law 3/2004, of 29 December, or the regulation that replaces it, from the day following the date of payment, and without prejudice to the provisions of Conditions 13 and 17 of this Contract. Likewise, the Client shall be responsible for the costs of returning bills which, where applicable, may be applied by the bank in the event of late payment.
Apart from this, in the event of non-payment, and in the event that the requirements established in Royal Decree 1720/2007, of 21 December, are met, the Reseller may communicate the incident to the corresponding information services, regarding compliance with the monetary obligations, after having requested the Customer to do so. Likewise, the information relating to the non-payment incurred by the Customer will be sent to the Distribution Company for inclusion in the Supply Point Information System (SIPS).
7.- MEASURING AND CONTROL EQUIPMENT
7.1.- The Customer undertakes to have at the Point of Supply energy measurement and control equipment ("Metering Equipment") that meets the technical requirements established by law, specifically in Royal Decree 1110/2007. The Customer is responsible for the custody of the installation and the Metering Equipment for its consumption. The Metering Equipment may be owned by the Customer or rented from the Distribution Company, with the appropriate regime being specified in the Particular Conditions. The fees for actions on metering and control equipment established in the regulations in force that correspond to the Distribution Company will be charged to the Customer.
7.2.- Likewise, in the case of self-consumption, this metering and control equipment must comply with the technical requirements established in article 10 of Royal Decree 244/2019, of 5 April. In general, it must be located at the Border Point and be bidirectional for any of the modalities of Self-consumption or, where appropriate, have metering equipment at each of the border points. All of the above, without prejudice to the alternatives in this respect contemplated in Royal Decree 244/2019.
7.3.- In accordance with current regulations, the Customer must guarantee physical access to its installation, during working hours or normal hours of contact with the outside, to the Retailer, the Distribution Company or the duly accredited employees or contractors of both, so that they can take readings and carry out any checking, verification, sealing or other work that may be necessary for the provision of the service covered by this Contract.
7.4.- Under no circumstances may the Client manipulate the components of the installation and, in particular, the Metering Equipment, as well as the Anti-Verting Mechanism, in the case of Self-consumption Without Surplus Modality. The Reseller shall be exonerated from any contingency that may arise from the breach of this commitment, without prejudice to the responsibilities - administrative, civil or even criminal - that may be legally enforceable, where applicable, due to the manipulation.
8.- SERVICE CONNECTION FEES AND SECURITY DEPOSIT
8.1.- The Distribution Company, at the time of signing the Network Access Contract, has the right to request the Customer to establish a guarantee deposit, in accordance with the provisions of Art. 79.7 of Royal Decree 1955/2000. In the event that this is required, it will be charged to the Customer. This guarantee deposit will be returned at the time of termination of the Contract, without prejudice to the Distribution Company's right to apply the corresponding part of this deposit to the balance of the amounts pending payment at the time of termination of the contract, in accordance with the provisions of Royal Decree 1955/2000, or any regulations that may replace it.
8.2.- The rights of access, extension, connection or supervision of transferred installations, as well as the payments derived from the reconnection of installations, which correspond, where applicable, in accordance with the provisions of the law, to the Distribution Company for requests for new supply or extension of existing supplies, as well as those relating to the verification or reconnection of the Customer's installation, will be charged to the Customer.
9.- QUALITY OF SUPPLY
9.1.- The electricity supply will be carried out under the regularity and quality conditions defined in Royal Decree 1955/2000, of 1 December (Articles 101 to 103) and concordant regulations, taking into account the continuity of supply (number and duration of interruptions), the quality of the product (characteristics of the voltage wave) and the quality of customer service and relations.
9.2.- Non-compliance by the Distribution Company with the legally established quality indexes will give rise to the appropriate discounts and/or bonuses in accordance with Article 105 of Royal Decree 1955/2000 or the regulations that replace or modify it. These bonuses and/or discounts will be passed on to the Customer in the invoice issued by the Reseller, once they have been applied by the Distribution Company within the regulatory deadlines.
10.- RESPONSIBILITIES
10.1.- The Reseller is responsible for the supply of electricity and for contracting access with the Distribution Company, in accordance with this Contract, and in accordance with the terms and conditions established in the applicable regulations.
10.2.- The Client is solely responsible for his interior installations and for carrying out the corresponding revisions, as well as for maintaining the receiving installations in a perfect state of conservation, being responsible for the result of any misuse that may occur.
In particular, the Customer undertakes to equip its interior or receiving installations with protection mechanisms against overcurrent, overvoltage or undervoltage, in accordance with article 16.3 of the Low Voltage Electrotechnical Regulations in force, and in accordance with the requirements defined in technical instructions ITC-BT-022 and ITC-BT-023 of these Regulations.
10.3.- The Distribution Company is responsible for the operation and maintenance of the network, as well as for the availability and quality of supply, in accordance with current regulations.
10.4.- In the modalities of Self-consumption With Surplus, both the Client (Associated Consumer) and the owner of the generation facility will be jointly and severally liable for the incidents caused to the transmission or distribution grid in accordance with the provisions of Law 24/2013, of 26 December, Royal Decree 1699/2011, of 18 November, and Royal Decree 1955/2000, of 1 December; in any case exempting the Distribution Company from any legal obligation relating to the quality of service due to incidents arising from faults in the connection installations shared by the Producer/Owner of the installation and the Customer.
11.- MODIFICATION OF CONTRACTUAL CONDITIONS
11.1.- The terms and conditions of this Agreement may be modified by the Reseller, in accordance with the procedure established in this Condition. In particular, the Reseller will notify the Client of the specific date of application of the modification, at least one (1) month before it comes into effect, and the Client will be informed of its right to terminate the Contract without penalty if it does not agree. If the Customer wishes to terminate the Agreement, it shall notify the Reseller within fifteen (15) days following written notification of the amendment. Once the period of fifteen (15) days has elapsed from the communication to the Client, without having received a reply from the Client expressing its wish to terminate the Contract, it will be understood that the Client accepts the contractual modification on the date determined by the Reseller.
11.2.- However, in the event of a modification of the contractual conditions as a direct consequence of the applicable regulations or the binding decision of a judicial or administrative body, it will be sufficient to communicate this fact to the Client at the time of the application of the modification, and the Client will also be entitled to terminate the Contract without penalty, in accordance with the procedure established in the previous section.
11.3.- If the Client requests a modification of the contracted power, the request must be addressed to the Retailer, who will be responsible for processing it with the Distribution Company. Once the modification of the power has been accepted by the Distribution Company, and following payment by the Customer of the amounts that, where applicable, are derived from the request made, this Contract will be automatically modified, in accordance with the terms contained in the Customer's request.
12.- ADJUSTMENT OF CONTRACTING PARAMETERS
12.1.- The Client expressly authorises Comercializadora Lersa to act on its behalf, and in particular, to request the modification and optimisation of the Conditions of the Contract for third party access to the network before the Distribution Company, provided that this does not cause economic damage to the Client and does not compromise or reduce the quality and guarantee of the Client's electricity supply. Such changes may be in the contracted power, a request for the installation of a maximum meter or new metering equipment, or changes in the access tariff, always within the framework of the regulations in force at any given time. In the event that these changes have not been expressly requested by the Client, but have been proactively promoted by Comercializadora Lersa, it will be Comercializadora Lersa who will assume the cost of the same, except in cases in which the modification entails the need to standardise the contractual power and/or the distribution company is required to update the technical documentation of the Client's electrical installation to adapt it to the regulations in force. In these cases, Comercializadora Lersa will inform the Client, prior to requesting the modification, about the cost of these changes, which must be expressly accepted by the Client. One year after the activation of such a contractual modification, the Client will have the right to benefit in the next annual period from half of the annual saving obtained, if applicable. In such cases, the Customer will continue to retain all rights against the Distributor relating to the Access Contract and, in the event of termination of this Contract, will continue to be the holder of any guarantee deposit that may exist. The Client accepts that, at the time of termination of the Contract with Comercializadora Lersa, it will maintain the contractual conditions that it had at that time, directly assuming the cost of any contractual change that it may decide at that time or in the future.
13.- SUSPENSION OF SUPPLY
In the event of non-payment by the Client, and without prejudice to the provisions of General Condition 6, the Retailer may order the Distribution Company to suspend the supply and, therefore, the possibility of consuming and pouring energy into the grid, in the case of self-consumption with surpluses. A bill will be unpaid when 20 calendar days have elapsed since it was presented for collection at the financial institution where the Customer has a direct debit account. In this regard, the Supplier will require the Customer to proceed to pay the overdue debt, as well as the interest generated and, where applicable, the expenses arising from the return of bills. These amounts will be quantified and communicated to the Customer beforehand. Once the period granted to the Client to make the payment has expired without the payment having been made, the Reseller may request the Distribution Company to suspend the electricity supply, or directly terminate the Contract, in accordance with the stipulations of General Condition 17, in both cases notifying the Client of the planned date for the suspension of the supply, at least twenty-four (24) hours in advance.
13.2.- In the event that the Customer is a natural person, and has contracted a supply with a power equal to or less than 10 kW, for their usual dwelling, the procedure established in Royal Decree 897/2017, of 6 October, will be applied in the event of non-payment.
13.3.- In the event that the supply has been suspended, the Supplier shall not be obliged to restore the supply until the Client has made all the payments due, including the expenses caused by the non-payment and the suspension, as well as the restoration of the supply. In this case, the Reseller will order the reinstatement of the supply on the working day following the day on which it becomes aware that the payment has been made.
13.4.- In any case, the exercise by the Supplier of the right to suspend supply does not exempt the Customer from the obligation to proceed with the payment of the entire outstanding amount, in accordance with the provisions of this Contract.
13.5.- The following will also be cause for suspension of supply:
14.- DISTANCE CONTRACTING AND COMMUNICATIONS
14.1.- The Client agrees that both notifications and other aspects related to the execution and/or fulfilment of the Contract, as well as, where applicable, the contracting of other additional products and services, may be carried out by telematic or telephone means, by means of the use of personal identification and security key systems provided by the Vendor, or by using the contact and communication addresses indicated by the Client. The consent given by the Client by means of personal identification mechanisms shall have full legal validity.
14.2.- All notifications to the Client, including those related to collection management, will be understood to have been validly made by sending them to the address provided by the Client by ordinary mail or digital communication by any other means that guarantees communication, such as e-mail or mobile phone, either by voice message, SMS or instant messaging applications,
15.- SUBROGATION AND ASSIGNMENT
15.1.-The Supply Contract is personal and its holder must be the actual user of the energy, and may not use it in a place other than that for which it was contracted, nor assign it, nor sell it to third parties.
15.2.- For the subrogation in the rights and obligations of the present Supply Contract, and provided that payment is up to date, it will be sufficient to inform the Supplier in a reliable manner of the change of ownership, having to accredit the agreement of the new Client and provide his personal details, CIF or NIF and the details of the bank account. The Reseller will manage the regularisation of the Access Contract with the Distribution Company, the effectiveness of which will be conditional on the aforementioned transfer.
15.3.- The Reseller may assign the Contract and the rights and obligations arising from the same to any subsidiary, related or successor company that may provide the service covered by this Contract in the future, with the appropriate notification to the Client being sufficient for this purpose.
16.- WITHDRAWAL
16.1.- Right of withdrawal. In the event that this Contract has been concluded at a distance (by post, telephone, fax or Internet) or outside a commercial establishment, and that the Client is a consumer and user, in accordance with Royal Legislative Decree 1/2007, of 16 November, the Client may withdraw from this Contract during the period of fourteen (14) calendar days following its conclusion, without having to justify their decision and without any penalty. In order to be able to exercise this right, it will be necessary for the Client to communicate to the Vendor its desire to withdraw from the Contract, by means of an unequivocal declaration, either by sending the withdrawal form provided, or by means of the web page, or by means of any other unequivocal communication in the sense of its decision to withdraw from the Contract, addressed to the Vendor's Customer Service Centre. In order to comply with the withdrawal period, it will be sufficient for the communication regarding the exercise of this right by the Client to be sent before the end of the corresponding period.
16.2.- Consequences of withdrawal. In the event of exercising the right of withdrawal, all payments made, if any, will be refunded to the Customer and, at the latest, fourteen (14) calendar days from the date on which the Customer exercises its decision to withdraw from the Contract. In no event shall the Customer incur any costs as a result of the refund.
15.3.- Exception. If the Customer has previously and expressly requested that the supply of electricity be started during the withdrawal period, the Customer shall be obliged to pay an amount proportional to the part of the service already provided at the time of giving notice of withdrawal, in relation to the total object of the Contract.
17.- TERMINATION OF THE CONTRACT
17.1.- The causes for termination of this Contract are, in addition to those provided for in current legislation:
17.2.- The termination of the contract by the Client prior to the termination date of the contract (first year), in the case of a low voltage contract, will give rise to a financial penalty, when such termination causes damage to the Supplier, of a maximum of 5% of the contract price for the estimated energy pending supply for the low voltage tariffs. For this purpose, the measurement estimation method in force for the change of supplier will be used. In the case of High Voltage electricity supplies, the penalty, which may be applied in the event of termination of the contract by the Customer prior to the end date of the contract (first year) or any of its extensions, will be 10% of the contract price without discount for the estimated energy pending supply. However, these penalties will not be applicable when the Customer's unilateral termination is due to a modification of the economic and/or general conditions by the Reseller, in accordance with stipulations 5 and 11. The termination of any contract extensions by the consumer shall not give rise to any penalty charges.
18.- FORCE MAJEURE AND UNFORESEEABLE CIRCUMSTANCES
In cases of force majeure or fortuitous event, neither the Client nor the Seller shall be liable for possible breaches of the Contract. Force majeure is considered to be unforeseeable events or events that are foreseeable, unavoidable and irresistible, beyond the control of the parties, from the moment in which they make it impossible to fulfil the obligations of this Supply Contract. In particular, if it is impossible for the Reseller to acquire or deliver the electricity to the Customer, for reasons not attributable to him, and also due to the direct or indirect intervention of third parties.
LEGISLATION AND JURISDICTION
This Supply Contract shall be governed and interpreted by the applicable Spanish law and, in particular, Law 24/2013, of 26 December, on the Electricity Sector, Royal Decree 1955/200, of 1 December and, where appropriate, regulations that replace or modify it, as well as other implementing regulations. Any discrepancy or dispute resulting from the interpretation or execution of this Contract or related to it, directly or indirectly, shall be submitted to the Courts and Tribunals corresponding to the place where the installation owned by the Client is located.
20.- CUSTOMER SERVICE AND MEANS OF CONFLICT RESOLUTION
20.1.- For questions related to the present contract, or for any incident or claim in relation to the contracted service, the Client can contact COMERCIALIZADORA LERSA, S.L., in person at the commercial office defined in the Particular Conditions; by calling the free telephone number 900373259 or by sending a fax to 972703703; or by sending an e-mail to the following address lersa@lersaenergia.com.
20.2.- In the event of a complaint, if it is not resolved within one (1) month, or if it is resolved and is not upheld, the Customer may submit their complaint to the Consumer Offices of the Generalitat de Catalunya, for the purposes of processing the mediation services and the consumer arbitration system which, where applicable, may be applicable, in the cases in which the Vendor adheres to it. For further information, you can contact the Catalan Consumer Agency by calling 012 or via its website www.consum.cat.
20.3.- In the event that the dispute is not submitted to any alternative dispute resolution entity in consumer matters, or that these are not competent to resolve the dispute, the Customer who is a natural person may submit the dispute to the Ministry of Energy, Tourism and the Digital Agenda, when such disputes refer to their specific rights as end users. In this case, the applicable procedure shall be approved by Order of the Ministry of Energy, Tourism and the Digital Agenda, and disputes that are regulated by regulations other than the specific protection of end users of electricity may not be subject to the same.
21.- PROTECTION OF PERSONAL DATA
21.1.- Purpose of processing. For the purposes of the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and other current legislation on the processing of personal data, the Client is informed and gives its consent for its personal data to be processed under the responsibility of the Reseller, authorising the latter to use it in relation to the development and execution of the service, following the guidelines of Law 24/2013, on the Electricity Sector.
21.2.- Transfer of data. Your data will only be disclosed to third parties by law and to those companies necessary for the provision of the service.
20.3.- Other purposes. The Marketer, subject to your consent, which may be revoked at any time, may use your data for the following purposes:
[I consent to my personal data being used by the Marketer for information or marketing purposes.
21.4.- Conservation. Your data will be kept in accordance with current legislation.
21.5.- Rights. The Client is informed of their rights of access, rectification, suppression, limitation of processing, portability and opposition, if applicable, with respect to their personal data under the terms provided for in the Law, and may exercise these rights in writing, or by contacting the Data Protection Delegate, by letter addressed to COMERCIALIZADORA LERSA SL, with address at the address indicated above, or by telephone on 900 373 259.
WITHDRAWAL FORM
(You only need to complete and send this form if you wish to withdraw from the contract.)
To the attention of COMERCIALIZADORA LERSA SL, domiciled at Calle Sant Pere nº6 de Ripoll (17500), whose details appear in the Particular Conditions of the Contract:
- I hereby inform you that I am withdrawing from my Electricity Supply Contract signed with Comercializadora Lersa S.L. on ___________________________________________________________________________.
- Name of consumer and user: ________________________________________________________________________
- Address of the consumer and user: _______________________________________________________________________
- Contract or CUPS number _____________________________________________________________________________
- Signature of the consumer and user (only if this form is submitted on paper):
– Fecha: _______________________________________________________________________________________________
Carrer de Sant Pere, 3. 17500 Ripoll, Girona
Carrer de Sant Pere, 6. 17500 Ripoll, Girona
Calle Gobelas, 13 1ª planta Moncloa - Aravaca, Madrid
Calle Ramón Gómez Redondo, 6 Bajo. 02006 Albacete
Calle Camaron de la Isla, 9. 41750 Los Molares, Sevilla
Calle Pilar, 1. 41460 Las Navas de la Concepción, Sevilla
Sor María del Coro, 17. 41850 Villamanrique de la Condesa, Sevilla
Carrer de Sant Pere, 3. 17500 Ripoll, Girona
Carrer de Sant Pere, 6. 17500 Ripoll, Girona
Avenida de Guadalajara, 68, nave 3. 19110 Mondéjar, Guadalajara
