These terms apply to the Energy Company, Energy Nordic Tax ID No. CIF B90038886 (“Energy Nordic”)
Sale of energy including grid services (electricity distribution) to the purchaser (“the customer”)
I. OBJECT – the object of this document is Energy Nordic’s contract for the supply of energy to the customer, and it is initiated at the time indicated in the contract.
II. SUPPLY – The validity of this contract is subject to Energy Nordic, which reserves the right to final conclusion or termination of the contract on the basis of objective and non-discriminating criteria, such as credit standing. The contract comes into force when it is activated by the distributor. If activation does not occur latest within three months of the contract’s issuance, either party may terminate the contract by providing an official announcement to the other party.
III. DURATION – The duration and binding period of the contract is stated in the order confirmation document received upon the establishment of customer relations. The contract is considered to be valid under all circumstances, unless one of the parties gives notice of termination at least 30 days in advance. The date to be used in order to calculate the contract duration is the date on which the contract was last activated.
IV. AMENDMENTS – Energy Nordic shall notify the customer of any amendments to the contract, so that THE CUSTOMER will have the opportunity, in writing, to report their disagreement and desire to terminate the contract, free of charge, within a period of 30 days. If THE CUSTOMER does not expressly indicate that they wish to terminate the contract, the amendments shall be considered as accepted. THE CUSTOMER can notify that they wish to terminate the contract by email or by writing to Energy Nordic, Calle San Pancracio 18, 29640 Fuengirola, Málaga, Spain.
V. TERMINATION OF THE CONTRACT – The contracted supply can be terminated by mutual agreement of both parties or by the decision of one party to abstain from contract renewal. It can also be terminated at any time if one of the parties terminates the contract due to non-payment, non-compliance with these conditions, if THE CUSTOMER’s installations do not meet the required technical conditions or if they fail to comply with legal requirements (including fraud), or for any other reason established in legislation. A notice of at least 30 days should be given for contract termination. When the contract is terminated, THE CUSTOMER shall be required to pay for any outstanding services that have been provided. In the case that THE CUSTOMER terminates the contract within the binding period of one year, Energy Nordic reserves the right to charge a termination fee in order to cover costs associated with terminating the contract. The fee is set at 65€. If a fixed contract is terminated before commencement of the first renewal, and for reasons attributable to THE CUSTOMER, Energy Nordic can request the payment of compensation equivalent to 5% of the value of the energy that should have been supplied, based on the applicable price at the time when the contract is terminated.
VI. AUTHORISATION – THE CUSTOMER gives Energy Nordic permission in its invoices (i) to include the payment of diverse supply and service fees that the distributor has supplied, (ii) to act as its representative before the distributor and, (iii) to evaluate the risk relating to this contract and all prior contracts for possible renewals and thereby evaluate any information found in Energy Nordic’s archive or that it has access to, or which is available in late payment records, credit standing reports, available information in the distributor’s database on supply points and other sources.
VII. PRICES – Prices are indicated in the order confirmation/My Page. The price per kWh can either be settled as a variable price or as an agreed fixed price per kWh over an agreed period. The prices can be amended on the basis of changes to the cost of parts that are critical to the price that are beyond the control of the parties. Energy Nordic will notify the customer of any such amendments, so that THE CUSTOMER can report any disagreement as per the provisions in section IV. Notwithstanding the above, Energy Nordic can change the prices each year on the basis of the general consumer price index for the preceding year. Variable prices shall be determined on the basis of consumption and the hourly pool price set by Spain’s energy market operator (OMEL), in addition to the ensuing business increase and payment for adaptation in accordance with supply and demand to Spain’s electrical grid, REE. Prices are exclusive VAT and any other relevant fees. Currently applicable fees include VAT (21 % of all invoiced supply and services – 7 % on the Canary Islands (IGIC)) and the electricity fee. If the contracted supply is subject to any other taxes or fees or any other variation of that set out here, these shall be included as an integral part of the price under all circumstances.
VIII. BILLING AND PAYMENT – THE CUSTOMER shall pay all issued invoices within payment deadline. If payment is not made within this period, late payment interest will be applied without any further notice on the overdue and unpaid amount, equivalent to the interest rate stipulated by law plus three percent. In case of delays or invoicing errors, corresponding credit notes or debit notes will be issued. Delays or errors do not exempt THE CUSTOMER from his/her obligation to pay. Energy Nordic can ask the distributor to disconnect supply or terminate the contract as a result of non-payment, which does not exempt THE CUSTOMER from his/her obligation to pay the full debt plus any interest owed. If the supply is disconnected, it will not be reconnected until THE CUSTOMER has paid the full debt, any interest owed and all other associated costs. If it is not possible to disconnect the supply, Energy Nordic can request the distributor to terminate the contract completely as a result of non-payment. If THE CUSTOMER cannot provide a justified reason for the non-payment, the debt may also be reported to the register for creditworthiness. If THE CUSTOMER is not up to date with his/her payments, Energy Nordic is not obligated to provide the agreed services.
IX. AGREED VOLTAGE – THE CUSTOMER can change the agreed voltage in accordance with applicable legislation. THE CUSTOMER shall carry out all necessary technical adaptations at his/her own expense. Anything that the distributor may require in order to carry out the change will be invoiced to THE CUSTOMER via Energy Nordic without any added charge. Notwithstanding the above, such a change will come into force on the date on which the distributor grants approval and may entail changes to the expected price.
X. OBLIGATIONS AND QUALITY OF THE SUPPLY – Energy Nordic is not responsible for the quality and continuity of the supply. The distributor bears sole responsibility for this. The distributor shall be liable to THE CUSTOMER for any damages that may occur as a result of non-compliance with its obligations. Energy Nordic offers to submit THE CUSTOMER’s objections and to administer, on the behalf of the distributor, any compensation or discount that may legally be owed to THE CUSTOMER.
XI. LIABILITY – THE CUSTOMER is liable for testing and measuring equipment, which must meet all technical and safety requirements in accordance with applicable legislation. THE CUSTOMER is also liable for ensuring the proper storage and function of this equipment. Test and measuring equipment can be owned or rented. In the latter case, Energy Nordic will invoice any of the distributor’s associated costs.
XII. RIGHT OF WITHDRAWAL – THE CUSTOMER is protected by Spanish law 24/2013 of 26 December regarding the electricity sector. THE CUSTOMER also has certain rights under the consumer law, including the right of withdrawal, in cases involving distance selling (over the telephone or internet) or contracts outside of Energy Nordic’s fixed place of business. The right to withdrawal applies for seven days from the date on which the contract is entered into. If the customer has requested commencement of the energy supply during the withdrawal period, Energy Nordic must inform the distributor without delay of the change of provider (if the customer is returning to the previous provider) or termination of the contract, and THE CUSTOMER shall be liable to pay Energy Nordic for the electricity supplied prior to the change of supplier or termination of the contract.
XIII. OBJECTIONS AND DISPUTES – The Customer can submit any objections in writing to Energy Nordic, Calle San Pancracio 18, 29640 Fuengirola, Málaga, Spain. If the issue is not addressed or solved within one month, THE CUSTOMER can report this to the Spanish arbitration board (Juntas Arbitrales de Consumo), provided that Energy Nordic agrees to submit itself to such an arbitration process. Both parties will respect the competencies of the court and will respect its final decision.
XIV. DATA PROTECTION – In accordance with the Spanish organic law 15/1999 of 13 December and with the general Regulation of the European Parliament on the protection of natural persons with regards to the processing of personal data, THE CUSTOMER is informed that the data submitted in connection with the establishment of this contract and the data collected over time will be administered by Energy Nordic as the data controller, with its place of business at the address Calle San Pancracio 18, 29640 Fuengirola, Málaga, Spain. In order to ensure payment, THE CUSTOMER’s data may be forwarded to the relevant banking entities and other relevant bodies as required by regulations for the energy sector. THE CUSTOMER is also notified that his/her data can be used for advertising and information campaigns. THE CUSTOMER has the right to access, amend, delete and oppose data stored on him/her by sending a written request to Energy Nordic. DELEGATE OF DATA PROTECTION: You can contact our delegate of data protection at [email protected] or in the address of the company previously indicated.
(Tax ID No. CIF B90038886)
C/ La Higuera, 6, Las Lagunas de Mijas, 29651 Málaga
E-mail: [email protected]
Telephone: Freephone (+34) 900 686 920