Terms of Delivery for the Sale of Electricity

Valid from 1 September 2020

These Terms of Delivery apply to your agreement with Watts. Some of the points are particularly important, which is why we have highlighted them here. We recommend that you read the Terms of Delivery before entering into an agreement with us.

These Terms of Delivery together with the automatic payment agreement apply to your electricity supply agreement that you have entered with Watts. Watts charges a number of fees in connection with the Agreement. You can always view the current fees at watts.dk/gebyroversigten

You have the right to cancel the Agreement in the circumstances that follow from the conditions in section 18. Cancellation must be given in writing to Watts no later than 14 days after the day on which the Agreement is entered into.

Watts can, as a condition of entering into the Agreement or as a condition of continued delivery, require you to provide security for your payment obligations under further specified conditions. You can read about it in section 10 of the Terms of Delivery.

• You can terminate the Agreement with one month’s notice until the end of a month. If you commit a serious breach of the Agreement, Watts can, amongst other things, terminate the Agreement with immediate effect, as described in the Terms of Delivery, section 11.

Communication from Watts takes place digitally via notifications, in-app messages and e-mail. This means that you will not receive letters from Watts. However, messages from Watts will instead be sent to your personal folder in the app and e-mail. Here, you can, amongst other things, receive order confirmations, notifications of changes to the Agreement and prices, service announcements, invoices and reminders.

§1 Definitions

Unless otherwise stated in the text or in the circumstances in general, the definitions below shall apply in these Terms of Delivery:
“Customer” means private customers where the electricity supplies are mainly intended for non-commercial use.

"Watts" means Watts A/S, 36 Hovedgaden, 4520 Svinninge, e-mail support@wattssupport.dk
CVR No 41 50 14 80

“The Agreement” means the agreement entered into between Watts and the Customer regarding the specific products selected by the Customer related to all the registration numbers included in the Agreement.


§ 2 General Conditions

Watts A/S is a subsidiary of the Andel Holding A/S Group.

2.1 These Terms of Delivery apply to all electricity supplies including grid services (distribution) from Watts to private customers, where the electricity supplies are mainly intended for non-commercial use.
2.2 The Terms of Delivery form an integrated part of the Agreement. If there are inconsistencies between the conditions of the Agreement and these Terms of Delivery, the conditions of the Agreement have precedence.

2.3 When the Customer buys an electrical product in Watts, the Customer has a personal folder in the app where the Customer, amongst other things, receives order confirmations, notifications of changes to the Agreement and prices, service announcements, bills and reminders. If the Customer terminates their electricity agreement with Watts, then the Customer still has access to historical data in the personal folder and the opportunity to access the consumption view of the electricity consumption as long as the Customer does not delete their profile in Watts.

2.4 Should the Customer delete the app or delete their profile in the app, this does not mean that the Agreement regarding the supply of electricity is terminated. The Agreement for the supply of electricity is terminated according to section 16.1.


§ 3 Personal folder in the app

3.1 Communication from Watts to the Customer takes place digitally via notifications, in-app messages, and e-mail. All messages from Watts regarding the Agreement are therefore sent to the Customer’s folder in the app, and e-mail. These messages can, amongst other things, include the Agreement, the Terms of Delivery, the order confirmation, change notices, invoices, and reminders.

3.2 Thus, the Customer does not receive the messages as ordinary letters. Watts may, however, choose to send messages as ordinary letters.

3.3. The Customer is obliged to keep their e-mail address up to date. The update occurs in the app under Settings and is carried out by the Customer.

3.4 When the Customer logs in to the app, it is possible to create a personal login.

3.5 If the Customer is exempt from public Digital Post, the Customer can request to be exempted from digital communication with Watts. It is a condition that the Customer can document that they are exempt from public Digital Post. If the Customer is subsequently exempted from digital communication with Watts, the Customer will receive notifications from Watts by letter.
A fee is charged for the manual handling of orders, invoicing, messages and notifications, cf. Overview of Fees. 

§4. The relationship between the Customer and the Grid Company

4.1 The Grid Company is responsible for transporting the amount of energy delivered from the high-voltage grid and to the point of consumption.

4.2 The relationship between the Customer and the Grid Company is regulated by the Grid Company's conditions applicable at any given time for connection to and use of the collective electricity grid (the Terms of Connection). The Customer is at all times responsible for complying with the Terms of Connection, which can be found on the Grid Company’s website.

4.3 In relation to the Grid Company, the Customer must pay particular attention to the following conditions:
a) The Grid Company is responsible for a satisfactory voltage quality and can interrupt the electricity supply in the event of necessary work on the collective electricity grid.
b) The Customer must provide the Grid Company with unhindered access to electrical systems, including electricity meters and electrical installations on the Customer’s property, in connection with servicing, testing, reading, inspection, repair and replacement of electrical systems, etc. as well as interruption of electricity supply.
c) If the electricity supply to the Customer’s property has been disconnected and the supply is to be connected again, the Customer must ensure that all electrical appliances on their property are switched off before the reconnecting takes place.
d) The Customer must, at the request of the Grid Company, carry out a reading of the electricity meter themselves and inform the Grid Company of the reading.
e) The Grid Company can at any time carry out a control reading of the electricity meter and retrieve consumption data.
f) The Customer must immediately notify the Grid Company if there are signs that the electricity meter is displaying incorrect readings.

4.4 Watts is authorised to represent the Customer in connection with a change of supplier to Energinet.dk and the Grid Company, including through the Data Hub, which is an IT platform owned and operated by Energinet.dk and which handles meter data, personal data, necessary transactions and communication between electricity market actors in Denmark.

4.5 If the Customer loses their access to the grid, regardless of the reason for this, Watts cannot be held responsible for fulfilment of the Agreement and the Terms of Delivery.

§ 5 Delivery

5.1 It is a prerequisite for Watts’s supply of electricity to the Customer that the Customer is connected to the public grid and has thus entered into an agreement with their local Grid Company, see section 4.

5.2 The electricity supply includes power balancing, which means that the Customer can purchase electricity at any time according to immediate need. However, Watts has the right to temporarily discontinue delivery in cases where the Grid Company interrupts the supply.

5.3 Watts delivers the agreed amount of energy on the high-voltage grid in the Customer’s price area (east and west of the Great Belt, respectively) and provides further transport via the Grid Company’s distribution network to the delivery point (the Customer’s electrical cabinet). The quality of the electricity must at all times meet the current quality specifications in the Grid Company’s terms and conditions.
The Customer notifies Watts of matters that may have an impact on Watts’ delivery, e.g. major upcoming changes in the Customer’s consumption, change of address or similar. Failure to notify can result in a fee in accordance with the list of fees.

§ 6. Measuring | Measurement data | Settlement | Adjustment

6.1 Unless otherwise stated in the Agreement, the Grid Company’s measuring equipment forms the basis of the settlement between Watts and the Customer.

6.2 The Grid Company is responsible for the measuring equipment and guarantees the accuracy of the measurements. The Customer is encouraged to inspect the meter prior to the start of delivery. If the Customer suspects that the meter is damaged, stands still, registers incorrectly or otherwise has an abnormal function, the Customer is obliged to notify the Grid Company immediately. If the Customer or Watts suspects that the measurements taken are not correct, Watts is entitled to contact the Grid Company on behalf of the Customer for clarification, including any investigation of the meter. The Customer must accept later adjustment of the bills as a result of delayed receipt of consumption data or the Grid Company’s correction of measurement data following measurement errors in accordance with the law.

6.3 It is the Customer’s duty, via the Grid Company, to ensure that Watts has the necessary meter readings, e.g. through the Grid Company’s remote reading or by sending correct self-read readings once a year or per request.

6.4 Via the Data Hub, Watts obtains information on consumption and tariff information, etc., on each registration number covered by the Agreement. The consumption of electricity is calculated on the basis of measured or calculated data.

6.5 Annual settlement, periodic final settlement and final settlement upon ending the Agreement are based on measured data. If it is not possible to take meter readings for the settlement, the Customer’s account is settled on the basis of an estimated consumption, which is reported to the Data Hub by the Grid Company in accordance with Energinet’s regulations. Overpaid on-account amounts are repaid to the customer when the annual settlement or the final settlement occurs. If the Customer pays via FIK card, this is done via the Customer’s Nemkonto. For Betalingsservice-payments, automatic card payments or MobilePay, the amount is refunded via the payment option used by the Customer.

6.6 Watts provides the Customer with information on electricity consumption and its development in accordance with the legislation.
The customer has access to view and update their own consumption data in the Data Hub using their personal login from Watts.

§7 Terms of payment | Prices

7.1 All prices in the Agreement and in the Terms of Delivery are stated and settled in Danish kroner incl. VAT and are collected by the administration company CUBS A/S, Korskildevej 6, 2670 Greve (CVR no. 30545567).

7.2 Watts buys network and system services from the Grid Company and Energinet.dk. The price for electricity is added to the payment for the transport of the electricity and the associated costs, including grid and system services, as well as costs for public obligations, electricity taxes and VAT. The Grid Company and Energinet can increase and decrease costs. Such changes in cost will be passed on unchanged to the Customer and notified in accordance with the applicable law. The applicable rates that Watts charges for the Grid Company can be found on the Grid Company’s website. Electricity taxes and payment of costs for public service obligations as well as the Grid Company’s binding temporary price reductions are passed on unchanged to the Customer.

7.3 The Customer pays the valid fixed subscription to Watts at any time, unless otherwise stated in the Agreement. The fixed subscription is paid by purchase number unless otherwise stated in the Agreement.

7.4 Watts also charges fees according to the applicable fee summary, the Fee Summary is an integral part of the Watts-Customer Agreement. The current version of the fee list can be found on the watts.dk/gebyroversigt

7.5 Unless otherwise stated in the Agreement, Watts invoices customers 1 month on account calculated on the assumption of expected consumption. Wattts' algorithms calculate expected consumption based on a number of parameters, including the number of people in work, The customer's historical consumption pattern and weather data. The invoice is located in the Customer's personal folder in the app. The invoice is available in the app and is also sent by email eight days before due.

7.6 The invoice is sent electronically via the Customer's in-app folder or by post if the Customer is exempt from digital communication.

7.7 Watts offers a wide range of payment options. Payment fees are charged according to the applicable fee list. When registering for Payment Service, the Customer must pay their invoice via giro money transfer slip until the payment is shown in the Customer's payment service overview. A payment fee is charged in accordance with Watts' applicable fee list, which can be found on watts.dk/gebyroversigt

7.8 The last timely payment is shown on the invoice eight days from the invoice date, unless otherwise stated in the Agreement. In the in the field of late payment, fees for reminders and other fee costs are added to the recovery of arrears in accordance with the provisions of the Danish Interest Act.

7.9 Information about Watts' current tariffs, fees and other prices can be found on the website watts.dk/vilkår, and is also provided upon request by contacting Watts. Watts has the right to regulate prices in accordance with paragraph 24.

§8 Fees

8.1 The current fees are part of the Agreement and can always be found on Watts' website watts.dk/gebyroversigt

8.2 Please note, most fees are charged per registered electricity meter. Watts reserves the right to modify existing fees, including indexing them, and to introduce new fees if this is deemed necessary and reasonable, as set out in paragraph 14. In both cases, the Customer will be notified in accordance with applicable law.

§ 9 Charging

9.1 Watts can charge with each overdue balance and any overdue debt that the Customer may have to Watts or to companies with which Watts is affiliated.

9.2 If the Customer has money for watts, e.g. as a result of overpaid a conto or if the Customer has inadvertently paid a bill several times, the money is paid out via the same means of payment that the Customer has used when depositing. However, if the Customer has paid with FIK card, the money is paid to the Customer's Nemkonto. In this connection, Watts asks for the Customer's Social Security number.

§ 10 Security

10.1 If there is reason to expect the Customer’s inability or unwillingness to pay, Watts can require the Customer to pay a cash deposit, on-demand guarantee from the Customer’s bank or other satisfactory security as a condition for entering into a delivery agreement or as a condition for continued delivery. This also applies even if the Customer is not currently in arrears with Watts. There will always be an individual assessment, where Watts places particular emphasis on the Customer’s payment pattern and any information from credit bureaus.

10.2 The amount of the security must not exceed Watts’ risk in the specific case and cannot exceed five months payment. Watts can require the security to be provided before commencing or continuing delivery; however, with a time limit for providing the security in accordance with applicable law. See section 11 for further details.

10.3 The security is repaid, with interest, in accordance with applicable legislation.

§11 Violation

11.1 If Watts or the Customer is guilty of significant breaches of their obligations under the terms or the Agreement, the non-breaching party can terminate the Agreement with immediate effect or with the time limits applicable under the law. A significant breach is considered, among other things, non-fulfilment of Watts’ requirements for providing security within a deadline set by Watts or termination of the Customer’s agreement with the Grid Company. In the event of a breach, Watts can also decide that the Customer must in future pay for electricity supplies including grid and system services, costs for public obligations, electricity charges and VAT monthly in advance or in another way, if the Customer does not already do so. Any consequences of a disconnection of electricity supplies, including grid and system services, are not of relevance for Watts.

11.2 Watts cannot terminate the Agreement for the supply of electricity to the Customer or arrange for the disconnection of the electricity supply due to non-payment for consumption already incurred. The Customer cannot demand delivery from Watts if Watts has justifiably terminated the Agreement with the Customer due to a lack of providing security on time before the Customer has paid the amount that the Customer owes for the supply of electricity.

11.3 If the Customer defaults on their payment obligations, arrears will be recovered in accordance with the rules in Watts’ arrears procedure. Watts is entitled to report the relationship to approved credit bureaus and/or warning lists in accordance with applicable rules.
11.4 If the Customer’s Grid Company or the company responsible for the system (Energinet) interrupts or restricts the deliveries to the Customer as a result of circumstances that are not caused by the Customer, this is not considered a breach of the Agreement.
11.4 In the event of death, where the delivery of electricity is to be continued for surviving residents, a request for reorganisation proceedings, a request for bankruptcy or the commencement of debt restructuring, Watts must be immediately notified, and the meter must be read at once. In these cases, Watts can require security as a condition of continued delivery, see section 8, unless otherwise stated in law.

§12 Obstacles to delivery | Force majeure

12.1 In cases of force majeure, Watts' and the Customer's obligations to each other under these terms and agreement shall be suspended for the duration of force majeure.

12.2 Force majeure must be overcome as soon as possible. The Party concerned shall immediately inform the other Party in writing of the matter and indicate when it is expected to be remedied.

12.3 Force majeure exists if Watts or the Customer is prevented from fulfilling the Agreement due to circumstances that occur after the start of the contractual relationship and are beyond the control of that party. Force majeure may include:

a) extraordinary forces of nature, including storm surges, torrential rain storms and icy winter;
b) hostile acts against society, including war and terrorism;
c) fire and vandalism;
d) IT manipulation or other incidents that result in IT breakdown, failure or damage to electrical systems;
e) impossibility to procure necessary labour, machinery, materials or subcontractors;
f) labour disputes, including lockouts and strikes; and
g) supply insecurity, including insufficient energy production and/or imports (shortage of goods).
Furthermore, there is force majeure where a Party can only fulfil the Terms of Delivery or the Agreement by incurring disproportionate costs. Lack of money does not constitute force majeure. If Watts is unable to fulfil its obligations under the Agreement due to the fact that the Grid Company or Energinet.dk has declared force majeure in the distribution and/or transmission system, this relationship also constitutes force majeure in the relationship between Watts and the Customer.

§ 13 Liability for damages

A defaulting Party is liable for damages in accordance with Danish law’s general rules. However, there is no case in which the Customer can claim compensation for operating losses, loss of profits or other indirect losses from Watts unless there is intent or gross negligence. Watts is also not liable for damages or losses in connection with faults and interruptions in the electricity grid or for the technical quality of the supply, including voltage level, frequency and noise conditions. Watts is also not liable for damage or loss as a result of restrictions imposed by the Grid Company, Energinet.dk or the Nordic electricity exchange, Nord Pool. Errors and omissions that are the result of technical conditions in the distribution network and which cause damage are the responsibility of the Grid Company. Complaints about the quality of the distribution network are directed to the Grid Company.

§ 14 Mixed home/business

Watts is not responsible for any loss of operations, profit losses and other indirect losses suffered by the Customer as a trader, as well as the provision of (customer) electricity from/at that address (place of consumption), unless Watts has acted grossly negligently or intentionally. In the field of mixed housing and business, the Customer is encouraged to take out operating loss insurance.

§ 15 Special tax conditions

15.1 If the Customer is subject to special tax conditions, e.g. because the Customer is an electric heating customer or his own manufacturer with solar cells or wind turbines, the Customer can achieve a tax reduction if an additional agreement is entered into with Watts. In these cases, the Customer must therefore contact Watts with a view to concluding an additional agreement on the same terms, unless the Customer has already stated the special tax relationship and received the surcharge at the time of booking.

§ 16 Termination

16.1 There is no binding period for the Agreement, and the Customer may terminate the Agreement in writing with one month's notice until the end of a month.

16.2 If the Customer wishes to terminate their Agreement with Watts, it is not sufficient to delete the app or profile in the app. The procedure for termination of the Agreement shall be carried out in accordance with 16.1

§ 17 Moving

17.1 If the Customer moves the address (place of consumption), the Agreement will continue at the new address (the new place of consumption), unless the Customer terminates the Agreement at the same time, cf. paragraph 16. The price of electricity delivery at the new address (place of consumption) is set at Watts' price, which is applicable in the network area in question, to which the Customer moves.

17.2 The customer must notify Watts of the move as well as other address changes. Notice of relocation must be given to Watts no earlier than 2 months and no later than 14 days before the move. Watts will notify the Customer's new address and date of relocation to the data hub.

17.3. If more than one Customer is registered on a purchase number where one Customer has moved from the customer number and the other Customer continues to live on the purchase number, the vacated Customer may require to be deleted as a consumer on the purchase number with one day's notice, with the effect that the vacated consumer is not liable for future consumption on the purchase number. As a condition of unsubscribe with a shortened deadline, Watts may require the Customer to document the removal. Final settlement shall be made in accordance with paragraphs 17.4 and 20.

17.4 The customer must read their electricity meter as of the transfer date, unless the Customer has a remotely read electricity meter, and report the result to the Grid Company, after which Watts submits a final settlement to the Customer, see section 20.

§ 18 Right of cancellation

18.1 The Customer can, without explanation, cancel the Agreement if it has been entered into via the Watts app, by telephone or with one of Watts’ consultants via distance selling or outside Watts’ place of business. The Customer must simply notify Watts of their use of the right of cancellation no later than 14 days after the date on which the Agreement was entered into.

18.2 The notification of withdrawal can be sent in one of the following ways:
– Forward e-mail to support@wattssupport.dk
– Filling out the form on the watts.dk/fortryd
- Forward notification via notification feature in the app

18.3 The customer's message must include the date when the Customer has ordered the Agreement on the supply of electricity, the customer's full name, address and zip code.

18.4 If the notification has been sent before the expiry of the cooling-off period, the time limit shall be deemed to have been met.

18.5. If the Customer exercises their right of cancellation, Watts will refund all payments from the Customer without undue delay and in any event within 14 days from the date the cancellation notice was received. If an agreement has been entered into for the immediate supply of electricity at the express request of the Customer, the Customer must, regardless of the above, pay for the actual electricity consumption during the cancellation period, including fees and grid tariffs.

18.6. Watts will complete the refund using the same means of payment that the Customer used in the original transaction, unless the Customer has expressly requested otherwise. In any case, the Customer is not charged any fees as a result of the refund.

18.7. If the Customer wants the provision of services or supply of electricity to commence before the right of cancellation period has expired, the Customer must pay Watts an amount which is in proportion to the extent of the services provided up to the time the Customer informed Watts of the Customer’s use of the Agreement’s right of cancellation, compared with complete fulfilment of the Agreement.


§ 19 Personal data

19.1 For the purposes of, among other things, the fulfillment and administration of the agreement, the purpose of statistics and marketing, Watts processes personal data about the customer. The processing is carried out in accordance with the applicable privacy policy that the Customer receives together with the Agreement. The customer can always read the privacy policy in force at any time on watts.dk/privatlivspolitik and obtain it by contacting Watts.

19.2 The customer also has the opportunity to complain to the Danish Data Protection Agency, which can be contacted via dt@datatilsynet.dk. More information on this can be found on the Danish Data Protection Agency's website, datatilsynet.dk

§20 Interruption

Watts may arrange for the electricity supply to be cut to the Customer when the Agreement is terminated. Supply disruption cannot occur if the Customer receives delivery from another electricity supplier. Costs associated with the supply disruption are borne by the Customer.


§
21 Termination | Final billing

21.1 Watts sends final settlement to the Customer within six weeks of the termination of the contractual relationship. Similarly, Watts sends transfer settlement to The Customer within six weeks of the end of delivery at the vacated address.
Upon termination of agreement, payments by card will automatically cease once the last bothered invoice has been paid.

21.2 The agreement may not be transferred in whole or in part without Watts' prior written consent, unless otherwise provided by law. Watts may, without the customer's consent, carry out such transfers to a current or future group or interest-linked company in Europe and/or as part of a full or partial transfer of its activities (assets and liabilities) to a third party who fulfils the conditions for operating an electricity supplier business in Denmark.

§22 Disagreements

22.1 Watts has a 24-hour service that mediates contact with the Grid Company and Energinet about technical issues with the grid.

22.2 If the Customer wishes to complain about other matters related to the Agreement or Terms of Delivery, this must be done by written contacting Watts, Hovedgaden 36, 4520 Svinninge, e-mail support@wattssupport.dk. The request shall not have suspensory effect and shall not suspend payments and so on unless expressly agreed with Watts. Watts will respond to Customer's request as soon as possible.

22.3 If the Customer remains dissatisfied or if the Customer has not received a reply to his inquiry, the Customer can complain about Watts to: The Appeals Board in the Energy Sector, Carl Jacobsens Vej 35, 2500 Valby Telefon +45 41 71 50 00, post@energianke.dk, www.energianke.dk

The Appeals Board deals with civil disputes between private consumers and energy companies.
The pan-European complaints portal EU Commission's online complaint portal (OTB) can also be used to lodge a complaint. This is particularly relevant if the Customer is a consumer resident in another EU country. The complaint is lodged here: http://ec.europa.eu/odr. When filing a complaint, the Customer must provide the email address support@wattssupport.dk

§ 23 Applicable law and venue | Judicial review

Disputes between The Customer and Watts are settled according to Danish law and proceedings against Watts must be brought in accordance with the Rules of Jurisdiction of the Code of Civil Procedure.

§ 24 Changes to the Agreement and the Terms of Delivery

24.1 Watts may change prices, fees and other terms of the Agreement in the following situations:
• To cover external costs associated with Watts' provision of its services under the Agreement, such as charges and costs to network companies, banks, postal distribution companies or the like.
• To meet inflation from 1 July 2017 (index 100).
• By changing legislation, regulation or practice.
• In case of product changes.
• To create incentives to reduce/change energy consumption or incentive for more efficient customer behaviour in connection with the administration of the Agreement. Read more at watts.dk

24.2 The amendments shall be implemented with advance notice in accordance with applicable law. Read more at watts.dk.

Overview of Fees

Valid from 1 September 2020

 

Electricity customer fees at Watts

  Price in DKK including VAT
Payment via FIK card 0.00
Payment via Betalingsservice 6.25
Payment via MobilePay 0.00
Payment by card 0.00
Collection message $0.00
Manual handling of order 250.00
Termination of agreement within binding period 0.00
Create payment agreement $0.00
Reminder $0.00
Security £0.00
Investigations due to established unauthorised consumption By bill

Charges related to the network

Price in DKK including VAT
Payment agreement 131.25
Disconnection for illegal reconnection 900.00
Temporary connection, supply, 1 measures 1,418.75.
Temporary connection, supply, 2 meters 1,750.00
Temporary connection, installer, 1 measures 543.75 kr.
Dismantling of meter installation 937.50
Removal of meter 925.00 KR.
Setting up of micro renewable-energy (RE) systems 2,387.50
Setting up of micro renewable-energy (RE) systems, excl. meter 1,732.00.
Reminder to customer in the event of late payment 125.00
Delivery of meter 300.00

Watts A/S reserves the right to re-invoice additional fees from your Grid Company, even if they are not listed in the fee statement. Please refer to your local Grid Company's fee list.
Watts is entitled to change the above fees, which is detailed in the Terms of Delivery section 24

@Wattsdk