These general terms and conditions (the “Terms”) govern your access to and use of the website and online shop sparkagregat.si, including its language versions. The website is operated by E-DISTI d.o.o., Litijska cesta 259, 1261 Ljubljana – Dobrunje, Slovenia, VAT ID: SI72537094, company registration number: 3792234000 (“E-DISTI”, “SPARK”, “we”, “us” or “our”), under the SPARK Agregat brand. By accessing or using the website, submitting an inquiry or placing an order in the online shop, you fully accept and agree to be bound by these Terms. If you do not agree to the Terms, you must not use the website.
Please read these Terms carefully before making a purchase in the online shop or submitting an inquiry. These Terms constitute a legally binding agreement between you and E-DISTI. By completing a purchase, you confirm that you have read, understood and accepted the Terms.
1. Definitions
“Website” means all web pages, content and services available at sparkagregat.si and its language versions, operated by E-DISTI for the presentation and sale of generators, UPS systems and associated equipment, and for generator rental, installation, servicing and maintenance services.
“Online Shop” means the part of the Website in which orders can be placed for Products with a published price.
“Products” means the goods sold through the Website — in particular petrol, diesel, inverter and industrial generators, UPS systems, ATS switches and accessories (oil, ATS modules, parallel kits, extended warranty, maintenance contracts and the like).
“Services” means the services offered by E-DISTI through the Website on the basis of an inquiry — generator rental, installation and commissioning, servicing, preventive maintenance, emergency call-outs and the design of bespoke industrial solutions.
“Manufacturer” means the company that manufactures an individual Product or its key components (for example Honda or Baudouin engines) and whose warranty terms and operating instructions apply to that Product.
“Customer”, “you” or “your” means any natural or legal person who accesses the Website, submits an inquiry or purchases Products.
“Consumer” means a natural person who acquires or uses Products for purposes outside their trade, business or profession, in accordance with the Consumer Protection Act (ZVPot-1).
2. Conditions of use
You must be at least 18 years of age to use the Website, submit an inquiry or place an order. By using the Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.
If you are acting on behalf of a company or other legal entity, you represent that you are authorised to bind that entity to these Terms.
3. Purchasing in the online shop
Purchases in the Online Shop are made as a guest; no user account is required. During checkout, you provide your delivery and invoicing details and select a payment method. You are responsible for the accuracy of the details you provide.
For certain Products — in particular industrial generators and bespoke solutions — the price is not published and is marked “Price on request”. For these Products, you submit an inquiry, on the basis of which we prepare a personalised quote for you; in this case, the purchase is concluded on the basis of a separate quote and not through the Online Shop.
For Products with configuration options (for example a choice of oil, ATS module, parallel kit, installation, extended warranty or maintenance contract), the price is calculated according to the selected options and is displayed before the order is placed. The configuration you confirm when placing the order is also verified on our side.
Placing an order constitutes an offer to purchase. A binding contract is concluded when we confirm your order by e-mail. We reserve the right to refuse or cancel any order, including due to unavailability of a Product, pricing errors or suspected abuse. In such a case, we will refund any payments already received in full.
4. Prices and VAT
All prices in the Online Shop are stated in euros (EUR) and include VAT, unless expressly stated otherwise for an individual price. Delivery costs are charged separately and are displayed before the order is placed.
Customers established in another Member State of the European Union who provide a valid VAT identification number at the time of purchase may, in accordance with applicable legislation, be issued an invoice without Slovenian VAT. We verify the validity of the identification number in the VIES system.
We endeavour to ensure that prices are accurate. In the event of an obvious pricing error, we will notify you and offer you the option of confirming the order at the correct price or cancelling it with a full refund of the purchase price.
5. Payment
The following payment methods are available in the Online Shop:
- Payment against proforma invoice (bank transfer to our business account) — you receive payment instructions at checkout and in the order confirmation e-mail. We process the order upon receipt of payment. If payment is not received within 7 days of the order date, the order may be cancelled.
- Payment cards (Visa, Mastercard and other cards supported by the payment service provider Stripe) — card details are entered directly in the provider’s secure environment and are not stored by E-DISTI.
- PayPal — payment via your PayPal account.
The use of an individual payment method may be subject to the terms and privacy policy of the relevant payment service provider. You receive the invoice for your purchase in electronic form at the e-mail address you provided.
6. Delivery and pick-up
We deliver Products within the territory of the Republic of Slovenia; delivery to other countries is agreed individually. Delivery costs and the estimated delivery time are displayed at checkout or stated in the quote. Smaller Products are delivered by parcel service, while larger and industrial generators are delivered by freight transport after prior agreement on the delivery slot and unloading conditions.
Delivery times are indicative. If we cannot deliver a Product within the stated time, we will notify you and offer you a new delivery date or the option of cancelling the order with a full refund of the purchase price.
Inspect the Product upon receipt. Record any visible damage to the packaging or the Product on the carrier’s delivery note and notify us within 24 hours at [email protected] so that we can claim under the shipment insurance.
By arrangement, personal pick-up at our registered office in Ljubljana is also possible.
7. Installation, commissioning and Services
The installation, connection and commissioning of a generator, the installation of an ATS cabinet and the connection to a building’s electrical installation may only be carried out by a qualified electrician. We offer these Services on the basis of a separate quote; where you select them as an option when purchasing, we will contact you after receiving your order regarding the date and conditions of performance.
Generator rental, servicing, preventive maintenance, emergency call-outs and bespoke industrial solutions are agreed on the basis of an inquiry and governed by a separate quote or contract, which takes precedence over these Terms in the event of any inconsistency.
8. Right of withdrawal
In accordance with EU consumer protection law (Directive 2011/83/EU) and the Consumer Protection Act (ZVPot-1), a Consumer has the right to withdraw from a distance contract within 14 days of the day on which they received the Product, without giving any reason. Notify us of your withdrawal by means of an unequivocal statement sent to [email protected] or in writing to our registered office.
Return the Product to us undamaged, in unchanged quantity and in its original packaging no later than 14 days after notifying us of your withdrawal. The Consumer bears the direct cost of returning the Product; for generators that cannot be returned by post due to their weight or dimensions, we will inform you of the transport cost in advance. We will refund the purchase price, including the cost of the original delivery at the least expensive delivery option offered, no later than 14 days after receiving the withdrawal statement, although we may withhold the refund until we have received the returned Product.
The Consumer is liable for any diminished value of the Product resulting from handling other than what is strictly necessary to establish the nature, characteristics and functioning of the Product. A generator that has been filled with fuel or oil and started is no longer in the condition of a new Product; in such a case, the purchase price refunded is reduced by the diminished value.
The right of withdrawal does not apply to Products made or configured to the Consumer’s exact specifications or clearly personalised to their personal needs (for example bespoke industrial generators), or to Services that have been fully performed before the end of the withdrawal period with the Consumer’s express consent.
The right of withdrawal under this section applies to Consumers only. For buyers acting in the course of their trade, business or profession, Products cannot be returned except by prior written agreement.
9. Warranty and liability for conformity
Products are covered by the warranty of the Manufacturer or of E-DISTI, under the terms set out in the warranty certificate and operating instructions supplied with the Product. Warranty claims are made at an authorised SPARK service centre upon presentation of the invoice and the warranty certificate.
The warranty is valid on condition that the Product is used in accordance with the instructions and regularly maintained at the prescribed intervals (in particular oil changes and valve adjustment). The warranty does not cover defects resulting from improper use, overloading, the use of unsuitable fuel or oil, operation in dusty, wet or insufficiently ventilated environments contrary to the instructions, unprofessional installation or interventions by unauthorised persons.
Independently of the warranty, E-DISTI is liable to the Consumer for any lack of conformity of the Product that exists at the time of delivery and becomes apparent within two years of delivery, in accordance with the provisions of ZVPot-1. The Consumer must notify us of the lack of conformity within two months of the day on which they discovered it.
10. Third-party services
The Website includes third-party services, including payment service providers (Stripe, PayPal), embedded videos (YouTube) and a map on the contact page (CARTO base maps built on OpenStreetMap data), and may contain links to third-party websites. E-DISTI is not responsible for the content, privacy practices or terms of any third-party services. You use third-party services in accordance with the terms and conditions of the respective third party.
11. Contact forms and communication
The Website offers forms for contact, inquiries, rental, servicing, installation and maintenance. By submitting a form, you agree that E-DISTI processes the data you provide for the purpose of responding to your inquiry and, where appropriate, for customer relationship management.
Submitted data are processed in accordance with our Privacy policy and may be stored in the customer relationship management system (Intrix CRM) that E-DISTI uses to handle inquiries.
12. Intellectual property
All content on the Website — including, but not limited to, text, graphics, logos, images, software and design — is the property of E-DISTI or its licensors and is protected by applicable copyright, trademark and other intellectual property laws.
Without the prior written consent of E-DISTI, you may not reproduce, distribute, modify, create derivative works from, publicly display or otherwise exploit content from the Website, except to the extent necessary for your personal, non-commercial use of the Website.
Honda, Baudouin, Deutz, Cummins, Volvo Penta, Perkins, Iveco, ComAp, Deep Sea Electronics and other product names, logos and trademarks displayed on the Website are the property of their respective owners and are used by E-DISTI in the course of its distribution and service activities.
13. Prohibited conduct
When using the Website, you undertake not to:
- provide false or misleading information in forms or orders
- use the Website for any unlawful purpose or in breach of applicable regulations
- attempt to gain unauthorised access to any part of the Website or our systems
- interfere with or disrupt the operation, security or integrity of the Website
- use automated tools, bots or scrapers to access the Website without prior written consent
- submit orders or inquiries without a genuine intention to purchase
14. Safe use of Products
Generators are devices with an internal combustion engine. They may only be used outdoors or in purpose-designed plant rooms with an adequate fresh-air supply and exhaust-gas extraction, and never in living spaces, garages or basements — even with doors or windows open — due to the risk of carbon monoxide poisoning. Read the operating instructions in full before use. E-DISTI is not liable for any damage resulting from the use of Products contrary to the instructions and these Terms.
15. Limitation of liability
To the fullest extent permitted by applicable law, E-DISTI shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with your use of the Website or the Products, including loss of profit or business interruption due to a power outage.
Our aggregate liability for any claim arising out of these Terms or your use of the Website shall not exceed the total amount you paid to E-DISTI for the specific Product or Service from which the claim arises.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for the rights of Consumers under ZVPot-1, or for any other liability that cannot be excluded or limited under applicable law.
16. Disclaimer of warranties for the Website
The Website is provided “as is” and “as available”. E-DISTI does not warrant that the Website will operate uninterrupted, error-free or free of harmful components. We make reasonable efforts to ensure the accuracy of Product descriptions, technical specifications and prices, but we do not warrant that all information is complete or up to date at all times. The Products’ technical specifications are based on data from the Manufacturers; the data in the operating instructions of the individual Product are authoritative.
The content of the buying guides, the technical advice and the power calculator on the Website are intended for general information purposes and are not a substitute for professional advice or sizing for a specific building or site.
17. Governing law and dispute resolution
These Terms are governed by and construed in accordance with the law of the Republic of Slovenia. The courts in Ljubljana, Slovenia, having subject-matter jurisdiction, shall have jurisdiction over all disputes arising out of or in connection with these Terms; with Consumers, we endeavour to resolve disputes amicably.
In accordance with the Out-of-Court Consumer Dispute Resolution Act (ZIsRPS), E-DISTI does not recognise any out-of-court consumer dispute resolution provider as competent to resolve disputes that a Consumer could initiate in accordance with that Act.
In accordance with Regulation (EU) No 524/2013, Consumers resident in the European Union may submit complaints via the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr. Our e-mail address for the purposes of this platform is [email protected].
18. Changes to these Terms
E-DISTI reserves the right to amend these Terms at any time. Changes will be published on this page with an updated “Last updated” date. An order is governed by the Terms in force at the time the order was placed. Your continued use of the Website after changes have been published constitutes acceptance of the amended Terms.
19. Severability clause
If a competent court finds any provision of these Terms to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
20. Contact
If you have any questions about these Terms, please contact us at:
E-DISTI d.o.o. (SPARK Agregat)
Litijska cesta 259, 1261 Ljubljana – Dobrunje, Slovenia
E-mail: [email protected]
VAT ID: SI72537094 · Company registration number: 3792234000