General contracting conditions

In compliance with the duty to provide pre-contractual information in distance contracts established in Article 97 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, consumers are hereby informed of the conditions that will govern the contracting of the products and services offered by our company on our website WWW.CYE-ENERGIA.COM. These conditions do not apply to customers who are not end consumers, who shall be governed by the specific conditions agreed between the parties.

1. Edad mínima para contratar electrónicamente nuestros servicios.

CYE ENERGÍA, S.L.U. provides our customers with a full technical team to offer both individuals and companies comprehensive energy management focused on savings and energy efficiency. The tariffs that you can contract on our website are electricity tariffs adapted to you and to the needs of your home or business. To contract any of our tariffs, you must: (i) be 18 years of age or older, or be 14 years of age and have the consent of your parent or guardian to these terms, and (ii) have the legal capacity to enter into a binding contract with us and not be prohibited from doing so by any applicable law. The User guarantees that all information provided to CYE ENERGÍA, S.L.U. is truthful, accurate and complete, and accepts that it shall remain so at all times.

2. Price, applicable taxes, availability and quality of services.

2.1. Price and applicable taxes.

The tariffs for the services displayed shall indicate separately the applicable Value Added Tax (VAT), which, in general, shall amount to 21%, as established by Law 37/1992, of 28 December, on Value Added Tax for supplies, unless other legislative provisions or orders establish a different applicable tax rate according to the legally established cases. Special taxes on electricity, fees charged by CYE ENERGÍA, S.L.U. and other applicable derived costs are not included, such as, for example: installation costs and meter rental costs, as well as other extraordinary costs arising from the installation and effective distribution of energy.

During the contracting process, you may download and/or receive a non-binding draft of the contract, where you may consult all billing formulas, applicable taxes, general conditions and specific conditions, the latter being included, where applicable, in your contract once the contracting process has been completed.

As a consumer, we expressly inform you that, if you are currently benefiting from the electricity social bonus, entering into a contract in the liberalised market will mean that said bonus will no longer apply.

Likewise, we also inform you that if, as a consumer, you are under the PVPC tariff — Voluntary Price for Small Consumers — and you are not a recipient of the social bonus, entering into the new contract in the liberalised market will prevent the application of the social bonus, even if you meet all the requirements to benefit from it.

CYE ENERGÍA, S.L.U. reserves the right to modify these prices at any time; however, services will be billed based on the tariffs in force at the time the contracts are registered. CYE ENERGÍA, S.L.U. reserves the right to reject any contract from a Customer with whom there is an ongoing dispute.

2.2. Availability and quality of services.

All data included in each tariff sheet is provided for information purposes only. Therefore, CYE ENERGÍA, S.L.U. declines any liability for the appearance of errors or lack of updates in such information, although it undertakes to take all measures within its power to correct such errors or omissions as soon as possible after being informed of them.

CYE ENERGÍA, S.L.U. updates the tariffs displayed on the website. CYE ENERGÍA, S.L.U. shall not be held liable in the event of substantial changes occurring between the consultation of the prior tariff information and the Customer’s contracting of the service.

CYE ENERGÍA, S.L.U. works with the main energy distribution companies in Spain and constantly updates the locations where it provides the energy services displayed on the website. If you, as a customer, have requested installation during the registration process, the specialist technicians from the distribution companies with which we work will carry out all the necessary actions for the correct provision of the service. If the distribution company detects that installation is not possible, it will inform CYE ENERGÍA, S.L.U. of the reasons, and we will notify you as soon as possible in order to find a solution to your incident.

Nos reservamos el derecho de limitar las cantidades de cualquier servicio que ofrezcamos. All service descriptions or service prices are subject to change at any time without prior notice, at our sole discretion. Any offer for any service made on this website is void where prohibited.

In order to effectively provide the energy supply, the customer must have a supply point. The supply point, or CUPS, is the connection or delivery point located at the Customer’s installation where electricity consumption is measured. For this purpose, the Customer must have a metering device, either owned or rented, that complies with the legally established technical requirements and is suitable for reading consumption. The Customer shall be responsible for its custody, proper use and non-manipulation.

If the customer detects errors in their Customer Area regarding the reading of the equipment and the energy consumed, they must contact the CYE ENERGÍA, S.L.U. customer service department so that the necessary checks can be carried out.

We do not guarantee that the quality of the services or information will meet your expectations.

2.3. Contracting policies and deadlines.

CYE ENERGÍA, S.L.U. will not process any service until the Administration Department has verified the accuracy of the data.

The deadlines for the start of the provision of the service are indicated in your contract, which you may consult before signing, or will be communicated to you by our Customer Service department. However, our general policy regarding service provision deadlines is as follows:

• Contracts will be processed based on the form that you can complete in our “Contracting” section. Once you complete and submit this form, our contracting service will check all the data and attached documentation.

To contract our services, make changes to the contract, cancel the service or exercise the right of withdrawal, you must attach a copy of your ID document. In addition, depending on the situation and by way of example but without limitation, we may request any of the following documents:

Company tax identification number

Invoice

Proof of change of ownership, or a document proving that the new holder has authority to do so, such as a purchase agreement, lease agreement, property tax receipt, etc.

Signed authorisation for change by the current holder

Orden de adeudo SEPA firmada

Electrical installation certificate

Power of attorney

Minutes of the homeowners’ association

When more documentation is required than the documentation provided during the online contracting process, our contracting service will contact you to explain which documents we need in order to complete the procedure. Online contracting has a general processing and service activation period of between 7 and 15 days.

• Contracts submitted on a Saturday, Sunday or public holiday will begin to be processed on the following Monday, or next working day.
• Once all the data for new contracts has been collected and its accuracy has been verified, you will receive an email notification informing you that a draft contract is available for your review. If you agree with the general and specific conditions of the contract, you must send us the signed contract and you will receive an email confirming our receipt of the signed contract within 24 hours of your submission.
• Within 7 to 15 days, you will receive our welcome message. Afterwards, you will receive an email with a link that will redirect you to our website so that you can set your username and password to access your Customer Area. For your security, this email has an access limit and expires after 30 minutes.
• CYE ENERGÍA, S.L.U. shall not be held responsible for delays in service registrations when they are due to force majeure.
• En caso de no seguir el procedimiento de contratación on line, le daremos la opción de remitirle vía e-mail el contrato de prestación de nuestros servicios para que usted lo devuelva firmado junto con todos los documentos necesarios para verificar la contratación. In these cases, our service may also contact you if any documentation is missing.

The deadlines indicated by CYE ENERGÍA, S.L.U. are for guidance purposes only, and CYE ENERGÍA, S.L.U. makes every effort to comply with them, as they depend not only on us, but also on the companies that collaborate with us. However, any delay shall not imply the cancellation of the contract or give rise to any compensation.

CYE ENERGÍA, S.L.U. only registers services within mainland Spain.

During the contracting process, you will receive a non-binding draft contract where you may consult all billing formulas, applicable taxes, general conditions and specific conditions.

3. Withdrawal, changes, cancellations and refund policy.

To withdraw from the contract, you must inform us within the first 14 calendar days from the signing of the contract by both contracting parties. Otherwise, you may also process any change or cancellation. To do so, you must contact us through our customer service department and carefully follow the instructions provided by our technical support department in order to correctly carry out all relevant checks and try to find the quickest possible solution to your request.

The Customer, provided that they are considered a consumer or user for the purposes of Royal Legislative Decree 1/2007, may withdraw from the Contract, rendering it ineffective, without the need for justification and without any penalty, by making an unequivocal statement to this effect — to the address, fax number or email address stated in the heading — within fourteen (14) calendar days from signing, using a formula similar to the one indicated in italics:

CYE ENERGÍA, S.L.U. – Av. Antonio Ferrandis 8, office K – 46013 Valencia

In relation to the Electricity and/or Natural Gas Supply Contract entered into, I hereby exercise my right to revoke said contract, whose identification details are:

Company Name / Full Name:

CIF / NIF:

CUPS:

The Customer expressly authorises the electricity and/or natural gas supply to begin, where applicable, within the withdrawal period. In the event of withdrawal, and where a service has accrued up to the date of termination or cancellation of the electricity and/or natural gas supply in favour of CYE ENERGÍA, S.L.U., the Customer must pay the corresponding invoiced amounts, in accordance with the provisions of this Contract.

Durante el proceso de contratación usted recibirá borrador del contrato sin compromiso donde podrá consultar todas las fórmulas de facturación, impuestos aplicables condiciones generales y condiciones particulares. The customer may request further information on exercising the right of withdrawal from the customer service centre, or download it directly from the following web address:

https://intranet.cye-energia.com/public_docs/CYE_Desistimiento_rev_20181204.pdf.

3.1. REEMBOLSOS, CAMBIOS Y CANCELACIONES.

In the event of a situation in which CYE ENERGÍA, S.L.U. is obliged to refund amounts paid by the customer and a partial or full refund is due in favour of the customer, CYE ENERGÍA, S.L.U. undertakes to deposit the agreed amount within a maximum period of 14 calendar days from the resolution of the claim.

During the contracting process, you will receive a non-binding draft contract where you may consult all billing formulas, applicable taxes, general conditions and specific conditions, including the conditions for withdrawal, termination or changes.

4. Accuracy of billing and account information.

You agree to provide current, complete and accurate identity and account information for all contracts made through our website. You agree to immediately update your account and other information, including your email address, so that we can complete your transactions and contact you when necessary.

5. Website registration, means for correcting errors and access to documents.

CYE ENERGÍA, S.L.U. will create and communicate to the customer the means to establish the necessary credentials to access their account in the Customer Area, which entails acceptance of the Terms and Conditions of Use.

If you wish to contract our services through our website, you provide us with your data and we store it on our secure server. Therefore, your personal data is incorporated into our database and used solely to process the contractual and service provision relationship, manage your user account, and send information about offers and services that may be of interest to you, provided that you have given us your consent. At any time, you may modify your personal data, such as change of address, telephone number, etc., through your customer web account.

We have an on-screen notification system that identifies errors made when entering data and allows the customer to correct them at the time of contracting or when accessing their Customer Area account.

If, after completing the contracting process, you wish us to correct any data that you have provided incorrectly, you may contact us at the email address atcliente@cye-energia.com or by telephone on 963814388.

If at any time you experience problems accessing any part of our website, this may be due to the model or version of your browser or to its settings. If you need help finding a solution or have any questions regarding the operation of our contracting system, you may contact us at info@cye-energia.com. We will be pleased to assist you.

Al finalizar la contratación, nos pondremos en contacto con usted y le remitiremos toda la documentación legal pertinente.

6. Payment methods

Payment for the contracted services shall be made as follows:

6.1. By direct debit:

The submission of your bank account details for the payment of the contracted services and any other sensitive information is carried out through our security protocols and transferred to the banks with which we operate. The confidentiality of your data is fully guaranteed. All confidential information sent through our website is encrypted and therefore protected from access by third parties.

The Customer undertakes to pay the invoices issued by CYE ENERGÍA, S.L.U. Payment shall be made by direct debit to the account indicated by the Customer at the time of contracting, which the Customer undertakes to communicate to their banking institution. If at least one invoice remains unpaid, CYE ENERGÍA, S.L.U. may establish any other alternative payment method in defence of its rights.

Payment shall be made on the date on which the banking institution receives the communication from CYE ENERGÍA, S.L.U. with the amount to be paid by the Customer. In the event that the direct debit payment of the invoice is returned, CYE ENERGÍA, S.L.U. shall pass on to the Customer both the bank charges generated by the return and the administrative and any other costs generated by the subsequent claim to the Customer for the unpaid debt, which shall be proportional to the unpaid amount.

The billing and collection of services shall be carried out monthly from the time the services are contracted, unless circumstances prevent this. Billing shall depend on the meter readings transmitted to us by the distributor for the meters for which our services have been contracted. It is possible that, due to the volume of readings assigned to the distributor, we may experience delays in billing the services we provide to you. In such cases, we will regularise the situation as soon as possible and inform you accordingly.

If the customer pays the amount after the invoice due date, in accordance with the previous general terms and conditions of sale, CYE ENERGÍA, S.L.U. informs the customer that such payment shall be subject to late payment charges. Any returned direct debit may generate a cost of 1% of the total amount thereof, with a minimum of €50, to which the costs of sending the burofax shall be added, if issued, together with late-payment interest on the outstanding amounts, which shall accrue daily at the statutory interest rate plus 4 percentage points. In the event of discrepancies in the calculations included in the invoice, the Customer undertakes to pay, within the established period, the amount corresponding to the undisputed part.

If the Customer’s creditworthiness changes or if the Customer’s bank returns any of the receipts issued by CYE ENERGÍA, S.L.U., the latter may require the Customer to provide a payment guarantee in the form of a deposit, bank guarantee or bond, according to the model provided where applicable. The amount of said guarantee shall be established in such requirement.

If the Customer has problems paying the invoice, or has any other query or problem accessing their Customer Area, they may contact CYE ENERGÍA, S.L.U. immediately through our online chat, through the contact form on our website, by sending an email to atcliente@cye-energia.com or by calling our customer service number +34 900 902 788. The staff of CYE ENERGÍA, S.L.U. will try to help you find alternative payment methods to settle the invoices.

During the contracting process, you will receive a non-binding draft contract where you may consult all billing formulas, applicable taxes, general conditions and specific conditions, including the conditions of an economic nature.

7. Language in which the sale is concluded

Los idiomas en los que se celebra la contratación online de nuestros productos y servicios son el español, catalán, euskera, gallego y el inglés. However, the final contract signed with the customer shall be exclusively in Spanish.

8. Online Dispute Resolution Platform

The European Commission has launched a platform to help consumers and traders resolve disputes relating to contracts made online. You may access it via the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

9. Applicable law and jurisdiction

The parties freely agree that the relationship between the user and CYE ENERGÍA, S.L.U. shall be governed by current Spanish legislation, and that the courts or tribunals competent in each case shall have jurisdiction to decide on any dispute that may arise between the User and CYE ENERGÍA, S.L.U.

VALENCIA, 4 MARCH 2021