1º.- Legal Framework

In fulfillment of the effective norm, the entity EVERGREEN ELECTRICA SL that operates through Internet from the present web site EVERGREEN-ELECTRICA.COM is detailed next the general conditions of contracting of the services offered through the same one and of which the rights and obligations of the parts are generated.

2º.- Identification

The present General Contracting Conditions (hereinafter “Conditions”) are intended to regulate the relationship between EVERGREEN ELECTRICA SL (hereinafter the “Provider”) and the customers (hereinafter the “User”), relating to all transactions carried out through the web of the on-line store.

2º.1.- Bidding Company

– COMPANY NAME: EVERGREEN ELECTRICA SL
– COMERCIAL NAME: EVERGREEN ELECTRICA SL
– CIF: B93034064
– ADDRESS: AVENIDA MATIAS SAENZ DE TEJADA S/N, EDIFICIO FUENGIROLA CENTRO II – ENTREPLANTA OFICINA 5
– CITY: FUENGIROLA
– PROVINCE: MALAGA
– ZIP CODE: 29640
– TELEPHONE: 900 730 011
– E-MAIL: contabilidad@evergreen-electrica.com

And on the other hand:

2º.2.- The User

A user or client is understood to be an internet user who acquires this status by registering on the website, using a form and being assigned a username and password, for which they are fully responsible for their use and custody, being responsible for the veracity of the personal data provided to the provider, as we shall see in the section on User Registration.

3rd - Acceptance

By accepting these Conditions, the User declares:
1. That he/she is a person with the capacity to contract according to current regulations.
2. That he/she has read and accepts the present Conditions.

4º.- Availability

The User will always and in any case have access to the conditions, which may be stored and/or reproduced on a durable medium, prior to the start of the product contracting procedure.

5º.- Validity or Duration

The period of validity or duration of these Conditions and specific contracting conditions shall be the time that they remain published on the aforementioned website and shall be applicable from the moment the User makes use of the website and/or proceeds to contract the service.

6º.- Modifications

The Provider reserves the right to unilaterally modify these Conditions, without this affecting the goods or promotions that were purchased prior to the modification by the User.

The User undertakes to read the contracting conditions carefully each time he/she proceeds to contract the service, given that they may have been modified since the last time he/she accessed them.

7º.- Nullity

If any provision of these Conditions is declared wholly or partly invalid or unenforceable, such invalidity shall only affect that provision or that part of it which is invalid or unenforceable, and the Conditions shall otherwise remain in full force and effect.

8º.- Object of the contract

The purpose of this contract is to regulate the contractual relationship between the provider and the user when the user accepts the purchase during the online contracting process by means of the mechanisms described below.

The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of the specific service.

The service may be subject to specific regulation by means of specific contracting conditions, of which more details will be given in the section on guarantee, returns, withdrawal, due to the different formats in which the service is marketed.

9º.- User Registration

The User will not be able to register on the website; registration will be carried out by EVERGREEN ELECTRICA SL prior to contracting the service, once the contract has been formalised.

10º.- Geographical scope

This website operates and sells only in the Peninsula, Balearic and Canary Islands. This geographical area is hereinafter referred to as ‘the Territory’. Therefore, the products are only shipped and distributed in the Territory. The use of this website as well as any purchase made on it is considered to be made in Spain, and therefore subject to Spanish laws and regulations in force. The Provider does not accept or deliver orders outside the aforementioned Territory.

All of the above is without prejudice to the fact that we may soon be able to offer these services in the excluded areas, in which case they will be announced in advance on this website.

11th - Product Information

The Provider pays great attention to the information regarding the characteristics of the contracted service. We are working to provide you very soon with small descriptions so that you know the type of customers for whom our tariffs are intended, all regulated in the BOE and respecting market standards.

12th - Taxes, currency and shipping costs

In accordance with the regulations in force, all purchases made through the website will be subject to Value Added Tax (VAT). The prices include Value Added Tax (VAT) and in all cases will be expressed in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs or any other additional services and annexes to the product purchased.

13th - Language in which the contract is performed

The contracting procedure and pre-contractual information is in Spanish and English, and these will be the languages used to carry out the contract.

14-Steps in the Procurement/Purchasing Process

14º.1.- Registration

Once the service has been contracted in EVERGREEN-ELECTRICA.COM, the client has a menu with three sections: Home, Profile and Contracts/Invoices.

In Home you can view your consumption in graphs, send new readings of your meter, modify your payment details and make queries or complaints that reach us by mail.

In the Profile you will find the holder’s details (DNI/CIF/NIE, name, postcode, province, city and address), payment methods (Name of the holder, group, DNI/CIF/NIE and type of payment), contact details and invoice delivery details.

Under Contracts/Invoices you can see the contracts you have and your invoices with download option.

14º.2.- Purchasing process

The recruitment process is easy and straightforward,

If you are a private individual, we will need to register you:

– Photocopy of ID card, if you DO NOT HAVE: Photocopy of Passport and NIE
– TIE card
– Photocopy of the last invoice
– Photocopy of the Contract

If you are a company:

– Photocopy of CIF
– Title Deed

In the case of rentals, we will first need the authorisation of the owner of the property.

Provisions to be taken into account in the purchasing process.

15th - Availability of the product

The service can be contracted at any time.

16º.- Types of products

EVERGREEN-ELECTRICA.COM is an electricity trading company.

17º.- Maximum order amount

There is no maximum recruitment.

18º.- How to extend or cancel my order

To cancel the service once contracted, you have 15 days to cancel the contract. Once this period has elapsed, the contract is valid for 1 year and if you wish to cancel it before the end of this period, you will be penalised.

19º.- Invoice

Where can I consult my invoice? The invoice can be consulted in the contracts/invoices section, and if you wish we can send it to you physically, or by email to the email address you indicate.

20º.- Value added tax

In accordance with current legislation, all purchases made through the website are subject to Value Added Tax (VAT).

21º.- Methods or Modalities of payment

In general, the User may choose the method of payment:

A) By credit/debit card, for which it will provide, among others:

(i) name and surname; (ii) card number; (iii) CVV/CVC; (iv) card expiry date;

Once you have validated all the information about your purchase (items, shipping methods, delivery and billing address) a choice will appear to choose which payment method you wish to use and enter your details. In the event that the payment platform informs you that the card has been refused, the order will be automatically cancelled, informing the customer of the cancellation online and at the time, as mentioned above. Payments cannot be made with cards issued outside Spanish territory.

B) By bank transfer

You must make the transfer to the account that will be indicated in due course. IMPORTANT: as the concept of the transfer you must indicate only the number of the order that will be indicated to you.

 

C) In cash

CASH ON DELIVERY IS NOT ACCEPTED.
Your card details will be saved in our database, as when they are filled in they will be on the secure website of the chosen bank.
Your card details are protected at all times thanks to the bank’s secure servers that use SSL encryption in their communications.

22º.- General Provisions on the Payment Process

– The payment order given by the User necessarily implies adherence to these General Terms and Conditions as well as to the specific conditions of the order.

– For any payment method chosen by the User, all payments shall be subject to the terms and conditions applicable to the User by the intervening financial institutions or secure payment platforms (e.g. Visa, Mastercard, Iupay, etc.).

 

The Provider reserves the right to cancel contracts in the event that there are indications of fraudulent transactions by bringing to the attention of the competent authorities any conduct that is susceptible to investigation for the prevention of fraud.

23º.- Returns of defective, damaged or incorrect products or exercising the right of withdrawal.

Once the service contract has been formalised, you have 15 days to withdraw from the contract signed, without penalty. After the 15 days of withdrawal, the service is valid for one year, and withdrawing from the service before the end of the period of permanence entails a penalty.

In the case of automatic renewals, if you do not wish to renew, you must give at least 15 days’ notice prior to the end date of the contract.

24th - Exceptions to the right of the cancellation

The right of withdrawal can be exercised within 15 days after the conclusion of the contract.

DOWNLOAD CANCELLATION FORM HERE

25th.- Customer service: Help, Suggestions and Complaints

At any time, you can contact our Customer Service from Monday to Friday from 9.00 a.m. to 5.00 p.m., free phone 900 730 011 or e-mail clientes@evergreen-electrica.com, sales@evergreen-electrica.com (English), info@evergreen-electrica.com.

26º.- Guarantee of the service

You can complain about the service provided through the Customer Service Department, by telephone or email, where you will be informed of the process to follow.

27º.- Provider's Rights

– Maintain, modify or suspend its website without prior notice. – Modify the price of offers. – Refuse orders due to lack of stock or non-payment by the customer. – Refuse access to IT tools to customers in the event of non-compliance with these conditions. – Receive the amount of the customer’s purchases, once the transaction has been accepted. – To reserve title and retain full ownership of the item until full payment by the customer. – Not to reproduce, sell or dispose of the information published by the Provider in all its contents without the express permission of the company itself. – Proceed to correct or amend human or computer errors.

28º.- Limitation of liability

All information provided by the User to the Provider and through the relevant forms must be truthful. It is the User’s responsibility to keep the data provided to the Provider duly updated. In any case, the Provider disclaims any liability for damages caused as a result of having provided false, insufficient, inaccurate or incorrect information. Access to the Website does not imply any obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy and updating of the information provided by the User through the relevant forms. Provider shall not be liable in those cases in which it is incumbent upon the parents, guardians or legal representatives of underage or disabled Users to authorise access, provision of personal information or use of the Website or the contracting of any products or services provided through the applications or web platform. It shall be the responsibility of the aforementioned parents, guardians or legal representatives to supervise the access and use of the minor or incapacitated person to contract the products and services provided through EVERGREEN- ELECTRICA.COM.
Access by Users to the Contents does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have any harmful effect on the User’s computer equipment. In any case, it shall be the User’s responsibility to have the necessary tools to detect such viruses or harmful computer elements. Consequently, the Provider shall not be liable for any possible damage caused to the computer equipment of Users or third parties during access to the Contents. The Provider shall not be liable for any interruptions that may occur in the electrical or telecommunications services that prevent Users from using the services offered.

29º.- Applicable Law and Jurisdiction

These terms and conditions shall be governed by or construed in accordance with the laws of Spain in all matters not expressly
that is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these conditions to the Courts and Tribunals of the user’s domicile. In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the OWNER OF THE WEBSITE.

30th - Online Dispute Resolution Platform for consumers and traders

The European Commission has launched a platform to help consumers and traders resolve disputes relating to online purchases.

Address to the platform:

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