Legal conditions
The registered business address of Endesa, S.A. is at calle Ribera del Loira, No. 60, Madrid. Endesa, S.A. is registered in the Trade Registry of Madrid, Volume 418, general No. 51 of Section 3 of the company registry, folio 80, page number 434, with NIF (tax identity number) A-28023430.
The applicant declares that the data provided is true and that he/she is aware that his/her personal data and other policy information is contained in files owned by ENDESA, S.A. for the purpose of sending advertising and sales offers from the company and third parties with which it collaborates on products and services related to power supply, telecommunications and the Internet, financial services and insurance, and home assistance and equipment. The applicant is also aware that this advertising information shall be sent by e-mail in accordance with Act 34/2002 on Services of the Information Society and E-Commerce. The customer also authorises ENDESA SA to pass on data relating to his/her person solely to companies with which it has set up collaboration agreements for the sale of the products on this website, and with the sole purpose of successfully conducting sales thereof.
The customer may exercise his/her rights to oppose, access, rectify and cancel the data provided in writing and in accordance with applicable legislation, simply by sending his/her signed request in writing to ENDESA (Internet Channel), Endesa Operaciones y Servicios Comerciales Apartado Postal 1128 41080 – Sevilla. Such requests must contain the following information: full name of the individual user, mailing address, photocopy of the user’s DNI (identity document) and document detailing the request.
General terms and conditions for access and use of the Endesa Online site
Portal access and use is free for users and no registration is required for general use. Nonetheless, certain information and services offered on the site may only be accessed or used after the user has registered. The user undertakes to use his or her user ID and password diligently and to not make these available to third parties. Moreover, the user must report the loss, theft or any risk of said data being accessed by a third party to ENDESA S.A. as soon as possible.
All of the information on this web site, including all kinds of content, text, image, graphic design or code written in HTML, JAVA, JAVA Script or Active X, among others, is the intellectual and industrial property of ENDESA, S.A. Said company holds the exclusive operating rights of the aforementioned intellectual property in all forms, and in particular, the rights to reproduction, distribution, public communication and transformation. ENDESA S.A. does not, either wholly or partially, grant license or authorisation to users for the intellectual and industrial property rights or any other form of property relating to the Portal.
The access period for using the portal is, in principle, indefinite. However, ENDESA S.A. reserves the right to terminate or suspend access to or use of the Portal at any time. Whenever reasonably possible, ENDESA S.A. shall issue prior notice of the termination or suspension of access and/or use of the Portal.
All of the above terms and conditions are subject to Spanish Law. To settle any controversy that may arise from the services hereunder, ENDESA S.A. and the user submit to the Courts of the town or city in which the user resides and expressly waive the jurisdiction of any other court. In the event that the user resides outside Spain, ENDESA S.A. and the user submit to the Courts of Madrid (Spain), and expressly waive the jurisdiction of any other court.
The user expressly undertakes to compensate ENDESA, S.A., the companies of the group, employees, administrators, agents, suppliers of information or services and licensees, in the event of damages and injury (including legal bills and costs) deriving from breach by the user of these General Terms and Conditions or specific terms and conditions, where applicable. Moreover, the user undertakes to collaborate with ENDESA, S.A. in the defence of the latter’s interests should a complaint be made or a judicial or administrative procedure be called or begun due to said cause. Moreover, the user undertakes to endeavour to avoid or, where applicable, to mitigate the damaging effects that may arise for ENDESA S.A.
ENDESA, S.A. uses cookies and logs while you are accessing the web pages of the Portal, although you do not need to permit the installation of cookies to enter and use the Portal. The cookies are only associated with your computer and do not supply data allowing deduction of your user ID, nor can cookies read information from the user’s computer hard drive or detect cookies created by other parties. However, cookies allow ENDESA S.A. to recognise the user once he/she has registered without the latter having to register every time he/she visits the Portal to access information and services exclusively for registered users. The user can configure his/her browser, following the applicable instructions and manuals, to receive an on-screen notification when a cookie is received or to prevent cookies from being installed on his/her hard drive.
With regard to the warranty disclaimer and exclusion of liabilities, ENDESA, S.A. shall not be held responsible for:
1. Damages of any nature that may be caused by products or services provided or offered by third parties or companies through the Portal, and in particular for: a) illegal, immoral or offensive content or that which does not comply with public policy, or the improper use of products and/or services, or the use of products and/or services for illicit purposes or for purposes contrary to those established in these general conditions or in any applicable conditions b) infractions of industrial or intellectual property rights c) infractions of professional secrecy d) infractions of the right to honour personal and familiar privacy as well as images of people and those related to the protection of children and youth e) unfair competition practices f) illegal advertising or acts which constitute a crime or of a pornographic nature g) the illegality or lack or truth, accuracy, reliability, ownership, timeliness, or thoroughness of the contents and information presented or made available to users, including information and services provided by third parties or by other users via the Portal h) non-fulfilment, delayed fulfilment or defective fulfilment or termination for any cause of the contracts undertaken with third parties for the purpose of the provision of services via the Portal. ENDESA S.A. shall only be held responsible for its own services and contents provided directly by it and identified with the copyright of the latter as a brand or the intellectual or industrial property of ENDESA S.A. i) the incompetence of any user or the theft of the identity of a third party by a user.
3. Liability is hereby excluded for the lack of availability or continuity of the Portal and services, and for failed access to the web pages of the Portal or to those offering services.
5. Any type of damage or injury possibly caused by a virus in the computing system, electronic documents or files of users. Likewise, ENDESA S.A. shall not be held responsible for the presence of a virus in services provided by third parties through the Portal, that cause alterations to the computer system, electronic documents or files of users.
6. Under no circumstances, including negligence, loss of business, loss of use, loss of profits, loss of data, due to indirect, secondary, special or consequential damage that may derive from access to or use of the services of the Portal, or that are within the scope of the Portal in some other way.
7. Damage and injury possibly caused by unauthorised third-party knowledge of the nature, conditions, characteristics and circumstances of access to and use of the Portal by other users, or of the latter's information and services, in addition to breach by users of their obligations as regards personal data.
When you enter our website, you are expressly authorised to see all of the information on the site and to make copies of the latter for personal use on your computer systems, provided that said contents are for your exclusive use and are not subsequently passed on to third parties. Hence, 1) You are not entitled to copy, reproduce, distribute, modify, transfer or publicly communicate information contained in the Portal, except with the authorisation of the holder of the rights thereof or in the event that such action be legally permitted. 2) You are not entitled to use the information contained in the website for direct sales or for any type of commercial purpose, nor are you permitted to send unsolicited mails to number of individuals, regardless of the purpose, or to market said information in any way. 3) You are not entitled to delete, elude, or manipulate the copyright and other identification data relating to the rights of ENDESA S.A. or to the incorporated holders of said rights, or the technical protection devices, digital fingerprints or any other means of protection. 4) You are not authorised to dismantle, decompile or invert the databases in which Portal information is stored. 5) You are not authorised to spam a number of people without their prior request or consent through use or as a result of use of the Portal or of the information and services, for sales purposes or any other commercial purpose. You are not authorised to send out to a number of people any other type of unsolicited mail that has not been consented to previously. Nor are you permitted to send unsolicited chain e-mails that have not been consented to previously or use distribution lists that you may have access to in the Portal.
Any breach of this paragraph shall be considered a violation of the intellectual property rights of the ownership of ENDESA, S.A., and shall give rise to the liabilities established to this effect in legislation. Said action may be pursued through administrative, civil or penal action, according to the case in question.
By gaining access via the channel set up specifically for businesses, you guarantee that you are acting on behalf of a company and hold the necessary power and authority to do so. In no event and under no circumstances shall you be considered the consumer or end user, pursuant to Law 26/1984 of the 19th of July, on the Defence of Consumers and users.
ENDESA, S.A. reserves the right to unilaterally modify these conditions at any time and without prior warning. Likewise, it reserves the right to unilaterally modify the layout, configuration or content of the Portal at any time and without prior warning.
By using this Portal, you accept the condition of Portal user (hereinafter "user") and pledge to fully and unreservedly accept each and every one of the General Terms and Conditions published by ENDESA, S.A. when you access the Portal, without prejudice to acceptance of the specific terms and conditions that may apply. Any use other than that authorised is expressly prohibited. ENDESA S.A. may withdraw or refuse access to and use of the Portal, at any time and without prior warning to any user who breaches these General Terms and Conditions and any applicable specific terms and conditions.
Personal data protection
Prior to the collection of data, ENDESA shall expressly, precisely and clearly inform you of the existence of such a file and its purpose. Furthermore, you will be informed of your rights of access, rectification and cancellation, and of the identity and address of the individual responsible for data processing or his or her representative. To exercise your rights, you must send a signed, written request to: Endesa Operaciones y Servicios Comerciales, Apartado Postal 1128 41080 - Seville. Your request should include the following: name and address of individual user, correspondence address, photocopy of the user’s Spanish identity document and the purpose of the request.
Likewise, by providing your data, you agree that the latter may be passed on for processing and for the purposes indicated above, to other ENDESA Group organisations (“Group” is defined in Article 4 of the Law on Securities Markets), to investors forming part of said Group, or to others with which Group companies conclude collaboration agreements, with the sole purpose of sending you sales information on products and services related to power supply, telecommunications and the Internet, financial services and insurance, and home appliances and assistance. Given that some products are marketed by third parties that do not form part of our Group, you agree that, in order to obtain these services, we may pass on your data to said third parties in order to provide you with the aforementioned services, ensuring that such operations are carried out legally and securely.
To prevent the alteration, loss, misuse, unauthorised access or theft of personal data, ENDESA has adopted the legally-required levels of protection security and has set in place the necessary technical means and measures. However, due to the global nature and character of the Internet, we must inform you that these security measures are not steadfast.
ENDESA S.A., hereinafter ENDESA, guarantees compliance with Organic Law 15/99 of the 13th of December, on the Protection of Personal Data. The fundamental aim of ENDESA's collection of personal data is to provide you with a quality service over the Internet. This includes very individualised attention, interactive communication, on-line shopping and other types of service.