General Terms and Conditions

GENERAL E-SHOP TERMS AND CONDITIONS

Iceberg Trading Company Comp s.r.o.,

with registered office in Prague 1 - Josefov, Valentinská 22/12, zip code 11000, ID number: 26259397, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 86791

for the sale of goods via the online store located at https://www.activepower.cz/

CONTACT INFORMATION 
Iceberg Comp s.r.o., 
registered office: Valentinská 22/12, Prague 1, zip code 11000, ( hereinafter referred to as the "address of the registered office"), a company registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 86791, ID number: 253 87 952 
E-mail: info@activepower.cz

Stock:  Bavorská 14, Praha 5, 15500, Czech Republic

SCOPE OF VALIDITY AND APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS 
These general terms and conditions (hereinafter referred to as the "T&C") of the Iceberg trading company Comp sro, (hereinafter referred to as " Iceberg Comp " or "we") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter just the "Purchase Agreement") entered into between Iceberg Comp and consumers or entrepreneurs (hereinafter referred to as "customer" or "you") through the Iceberg online store Comp at h ttps://www.activepower.cz/ . 
The online store is operated by us on the website located at the Internet address https://www.activepower.cz/ (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “store web interface”). Any natural person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with 
Iceberg is considered a consumer Comp purchase contract or otherwise legally deals with us (hereinafter referred to as the "consumer"). 
An entrepreneur is considered to be any natural person or legal entity (e.g. business company, cooperative, institute) who, on their own account and responsibility, on the basis of a trade license or in another way, carries out a gainful activity with the intention of engaging in this activity consistently in order to achieve profit ( hereinafter referred to as "business activity"). This person, as part of his business activity, concludes a purchase contract with us or otherwise deals with us legally (hereinafter referred to as the "entrepreneur"). We follow the principle that a customer who states his ID number, VAT number in the order applies the provisions of these General Terms and Conditions applicable to entrepreneurs. By sending an order or other request ("ORDER" button), you confirm that you have familiarized yourself with the General Terms and Conditions, including the notice to consumers before by concluding a purchase contract according to these GTC and you expressly agree to them in their wording valid and effective at the time of this confirmation. 
NOTICE TO CUSTOMERS BEFORE CONCLUDING A PURCHASE CONTRACT The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspectorate supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended. All photos and videos on the Iceberg website Comps are illustrative only. 
The goods and services offered by us on the website of the Iceberg online store Comp and a description of their main features is available with the relevant good or service. The prices of these goods and services are stated including VAT, including statutory fees, excluding transport charges. We do not charge any additional costs for telecommunications (eg if you call us on our telephone number, you will only pay your normal telephone call rate). 
The specific conditions of various payment methods and shipping options are described in more detail at the addresshttps://www.activepower.cz/ . 
By submitting an order by pressing the "ORDER" button in our online store, the customer creates a binding order that commits the customer to payment. Before sending the order, the customer has the opportunity to check and correct or change his order, as described in more detail in Article 6 of these GTC. The customer's rights from defective performance, possibly from the warranty and the conditions for their application are described in Article 11 of these GTC, or in 
Iceberg's complaints procedure comp . 
NOTICE TO CONSUMERS BEFORE CONCLUSION OF THE PURCHASE CONTRACT 
The consumer has the right to withdraw from the purchase contract without giving reasons (unless otherwise stated) within a period of 14 days, which begins to run: in the case of a purchase contract from the day of acceptance of the goods, or a purchase contract with delivery in multiple pieces/ parts, from the date of receipt of the last delivery of goods, or a purchase contract, the subject of which is regular repeated deliveries of goods, from the date of receipt of the first delivery of goods; The form for withdrawing from the purchase contract is available at www.activepower.cz . 
The consumer is not entitled to withdraw from the following contracts: o the provision of services that we have fully fulfilled with the prior express consent of the consumer before the expiration of the period for withdrawal from the contract, o the supply of goods or services, the price of which depends on fluctuations in the financial markets independent of our will, which may occur during the period for withdrawing from the contract, on the delivery of goods that have been modified at the request of the consumer or for his person, on the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery; on repair or maintenance carried out at the place designated by the consumer or at his request; however, this does not apply if other than necessary repairs were carried out or other than necessary spare parts were delivered; about the delivery of goods in closed packaging that the consumer removed from the packaging and for hygienic reasons it is not possible to return it; about transport, on a specific date or during a specific time. If the consumer withdraws from the purchase contract, he is obliged to send back the goods purchased on the basis of the purchase contract from which he withdrew or return them to the Iceberg store Comp no later than 14 days from the moment of withdrawal from the purchase contract. 
In the event of withdrawal from the purchase contract regarding goods on pallets (i.e. goods which, due to their nature, cannot be returned by the usual postal route), the consumer will ensure the transport of these goods himself and bear the costs of returning or returning the goods on pallets. Only if the consumer agrees to the return shipment with us before it is carried out, we bear the costs associated with sending the goods back on pallets, but only if we subsequently order transport after mutual agreement and have the goods on pallets picked up by the consumer. 
The return of the goods takes place by sending the goods to the address designated for the return of the goods. If the goods were delivered to one of our branches, the customer returns the goods to the same branch. Otherwise, the customer will send the goods back to the address specified in the delivery note. The address for returning goods can be specified on the customer line depending on the type of goods. The consumer is obliged to send back or return the goods complete, i.e. including all supplied accessories, all documentation, clean, undamaged and, if possible, including the original packaging, in condition and value, in which he took them over. In case of withdrawal from the purchase contract, the consumer is responsible for the reduction in the value of the returned or sent back goods, which occurred as a result of handling the goods in a way other than that which is necessary to become familiar with the nature and properties of the goods. In the event that damaged or incomplete goods are returned to us, we will offset our claim for damages against the purchase price that you request to be returned. We will always evaluate a specific case to determine the degree of damage, deterioration of the goods and determine the corresponding reduced value. We will inform you about these steps at the indicated electronic address (by e-mail) or by telephone. If there is a withdrawal from the contract for the provision of services, where our performance has already begun at the express request of the consumer, before the expiration of the 14-day period for withdrawal from the contract, the consumer is obliged to pay us a proportional part of the price for the performance provided until the moment of withdrawal from the contract. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to return all money to the consumer, including the costs of transporting the goods in the amount that corresponds to the cheapest type of transport by us offered, using the same payment method as when receiving money, no later than 14 days after delivery of the withdrawal from the purchase contract in favor of Iceberg comp . We will refund the consumer using a different payment method than the one used to receive the funds only if the customer pays at one of our stores. In this case, the money will be returned to the customer's bank account. If the consumer chooses a different mode of transport than the cheapest mode of transport offered by us, in the event of withdrawal from the contract, the consumer is only entitled to a refund of the costs of delivery of the goods in an amount that corresponds to the cheapest mode of transport offered by us. 
Out-of-court handling of consumer complaints is provided by Iceberg Comp via e-mail info@activepower.cz. 
Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract. European Consumer Center Czech Republic, with headquarters at Štěpánská 567/ 15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of online consumer disputes). 
USER ACCOUNT AND OTHER REQUIREMENTS FOR ORDER ACCEPTANCE 
Based on the customer's registration on the website, the customer can access his user interface. The customer can order goods from his user interface (hereinafter referred to as "user account"). Only legal entities or natural persons who are of legal age and fully autonomous can create a user account . If the web interface of the store allows it, the customer can also order goods once without registration directly from the web interface of the store. 
When registering on the website and when ordering goods, the customer is obliged to enter all data correctly and truthfully. The customer is obliged to update the data specified in the user account in case of any change. The data provided by the customer in the user account and when ordering goods are considered correct by the seller. Access to the user account is secured by a username and password. The customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The customer is not entitled to allow the use of the user account by third parties. We can cancel the user account, especially if the customer does not use his user account for more than 1 year, or if the customer violates his obligations under the purchase contract as set out in these GTC. Customer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance. 
ORDER AND CONCLUSION OF PURCHASE CONTRACT 
All presentation of goods placed in the web interface of the store is of an informative nature and Iceberg Comp are not obliged to enter into a purchase agreement regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply. 
The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit our ability to conclude a purchase contract under individually agreed conditions. The store's web interface also contains information on costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. To order the goods, the customer fills out the order form in the web interface of the store (puts the goods "in the basket", chooses the method payment of the purchase price of the goods, chooses the desired method of delivery of the ordered goods and obtains information about the costs associated with the delivery of the goods). If the goods are marked as "in stock" or "in the central warehouse", then this is a binding order of goods obliging to pay (hereinafter referred to as the "order"). By sending the order, the customer confirms that he has agreed to these General Terms and Conditions and has read the Iceberg Personal Data Processing Policy comp . 
Before sending the order, the customer is allowed to check and change the data that the customer has entered in the order, also taking into account the customer's ability to detect and correct errors that occurred when entering data into the order. The order is sent by clicking the "ORDER" button and the order process is completed. The data listed in the order they are deemed correct by the seller. If it is during the processing of the order by Iceberg Comp found that obviously false or incomplete information has been used, we can refuse the order, which you will be notified by email. The customer may be liable for damage caused by providing intentionally false or incorrect information. 
The seller is entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the customer for additional confirmation of the order (for example, in writing or by phone). the customer's e-mail address specified in the user account or in the order (hereinafter referred to as the "customer's e-mail address"). The purchase contract is concluded at the moment of pressing the "compulsory order" button, which the customer is immediately informed about through the order acceptance confirmation. 
If it is a type of goods that is not normally in stock and is marked as "only on demand" goods, then such goods cannot be ordered as a rule, but can only be requested on a non-binding basis. In such a case, a non-binding inquiry is created at the moment of pressing the "inquire non-binding" button and does not oblige the consumer to pay and us to deliver. By sending the request, the customer confirms that he has agreed to these General Terms and Conditions and has read the Iceberg Personal Data Processing Policy comp . 
For goods on demand, a reasonable advance payment may be required, the amount of which the customer is usually informed about in the product offer, which responds to the customer's non-binding demand. . If a decision is not made within this period, the customer is no longer bound by his contractual statement. 
Iceberg Comp will then check the possibilities of delivery of the requested goods by its employee, and the customer will receive a confirmation of the request to the customer's email address with an indication of the expected delivery date, including notification of the amount of any additional costs for transport, packaging or the obligation of any advance payment. The contractual relationship between the seller and the buyer is established only when the order is confirmed by the customer, or when the deposit is paid, if required. 
With the purchase contract, we undertake to hand over the purchased goods to you and allow you to acquire ownership of the goods, and you undertake to take over the goods and pay us the price of the goods . 
The customer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the customer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the customer himself, and these costs do not differ from the basic rate. 
PRICE OF GOODS AND METHODS OF PAYMENT 
All prices of goods are given in Czech crowns (CZK) and include VAT. You can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways: in cash upon collection in our warehouse; by cashless transfer to the Iceberg account Comp sro; 
by online payment; Together with the purchase price, the customer is obliged to pay Iceberg Comp also costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. 
We can request a deposit or other similar payment from the customer, especially in cases where the goods are stated to be available for delivery only in the mode of non-binding demand. In the case of payment in cash or by card at our store, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable upon receipt of the goods within 2 working days from the conclusion of the purchase contract. In the case of non-cash payment, the customer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the customer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Iceberg account comp . 
Any discounts on the price of goods provided by us to customers cannot be combined with each other. In the case of displaying an unrealistic price of CZK 0 (in other words, zero Czech crowns) or displaying a highly non-market price, when a non-market price is considered to be a price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed of this fact. 
Iceberg Comp and the customer hereby agree that invoices will be sent electronically to the customer's email address. 
If a delivery time is indicated for the goods, it is only informative and not for Iceberg Comp binding. 
RESERVATION OF OWNERSHIP 
Iceberg Comp reserves title to the goods for consumer customers until full payment of the purchase price in accordance with the relevant purchase agreement. 
Iceberg for business customers Comp reserves title to the goods until all claims owed to Iceberg have been paid Comp towards the customer. The customer is obliged to handle the goods subject to retention of title with due care and to insure them at his own expense sufficiently in case of damage to the value of the new goods. 
DELIVERY OF GOODS, PLACE OF FULFILLMENT AND POSSIBLE DAMAGE CAUSED DURING THE TRANSPORTATION OF GOODS 
The goods are delivered to the customer at one of our branches, or the goods are delivered to the selected delivery address in the Czech Republic. When transporting the goods to the customer, the goods are handed over by us at the moment when the carrier hands over the goods to the customer at the point of delivery (usually the first door/gate/gate at the point of delivery specified by the customer). The risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer precisely at the moment of acceptance of the goods by the customer. If the customer were to take over the goods from the carrier, the risk of accidental destruction and accidental deterioration of the quality of the purchased goods passes to the customer at the moment when he was allowed to dispose of the goods, but not before the specified delivery time. We deliver the goods using a carrier, also using forwarding services using vehicles equipped with hydraulic equipment. The delivery time of the goods depends on the stocking of the goods, the customer usually finds information about the delivery options directly with the specific goods. In the event that the method of transport is contracted on the basis of a special request of the customer, the customer bears the risk and any additional costs associated with this method of transport. if, for reasons on the part of the customer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the customer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another method of delivery. The customer is obliged to check the goods upon receipt and make sure of their properties (in particular, whether the customer received the right type of goods, whether the goods have the agreed quality, whether the goods in their packaging contain everything that it should contain according to the instructions) . In case of visible damage to the shipment by the carrier, the customer is obliged not to accept such a shipment from the carrier at all. We are not responsible for damage caused by the carrier or late delivery of goods, regardless of the reason for the delay. Customers' rights in the event of claims for defects are governed by Iceberg's complaints procedure Comp and according to the relevant legal regulations of Czech law, especially the Civil Code. 
WITHDRAWAL FROM THE PURCHASE CONTRACT 
The right of the consumer customer to withdraw from the purchase contract is governed by the provisions set out in Article 4 of these GTC. Business customers have the right to withdraw from the purchase contract, which is allowed by the relevant legislation. We are entitled to withdraw from the purchase contract due to the stock being sold out goods, or due to the unavailability of the ordered goods. Furthermore, we can withdraw from the purchase contract, especially in the event that the customer has not paid the purchase price properly and on time or has refused to take over the goods. with § 1829, paragraph 1 of the Civil Code, the right to withdraw from the purchase contract, we are also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the customer. In such a case, we will return the purchase price to the customer without undue delay, without cash to the account designated by the customer . by the customer, the gift contract regarding such a gift ceases to be effective and the customer is obliged to return the gift to us together with the goods. 
RIGHTS FROM DEFECTIVE PERFORMANCE 
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code). Further rights and obligations of the parties related to our responsibility for product defects is regulated in Iceberg's complaints procedure comp . 
RETURN OF GOODS BY THE CUSTOMER 
In addition to withdrawing from the contract according to Article 10 of these GTC, we offer customers the right to return goods within a 14-day period under the conditions set out below (hereinafter referred to as the "right to return goods"), under the following conditions: the goods are unused and undamaged and returned complete and in the original packaging with the delivery note, and the right to withdraw from the contract is not excluded for the goods according to Article 4 of these GTC. The customer does not have the right to return the goods if the goods are atypical (the customer is informed about this when taking over the goods). Returning the goods within the 14-day statutory period is possible only after prior agreement via email address info@activepower.cz . 
Other rights of the customer, such as rights from defective performance or the right to withdraw from the contract, remain unaffected. It is dealt with in detail in our Complaints Procedure. 
PROTECTION OF PERSONAL DATA 
The protection of personal data of our customers is very important to us. The rules for handling personal data, the rules for sending business communications, as well as cookies are regulated in the Personal Data Processing Policy and Cookie Settings. We send customers commercial communications with an offer of related goods or services to the customer's email address (commercial communications ). The e-mail address is personal data and is processed in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data data) for the purpose of sending commercial messages based on our legitimate interest to promote our similar products and services. The customer can unsubscribe from receiving commercial communications at any time. We use so-called cookies that can be stored on the end device (either based on consent or to protect the legitimate interests of Iceberg Comp ). 
FINAL PROVISIONS, INCLUDING GOVERNING LAW AND JURISDICTION 
In the event of an inadvertent conflict between the provisions of these GTC and legal regulations for consumer protection, these legal provisions take precedence and the seller undertakes to comply with them. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations. The contract language is Czech. The contracting parties agree that any disputes arising from this contract, where an international element is present, will always be resolved by the locally competent courts of the Czech Republic, locally determined according to the seat of Iceberg comp . This does not affect the rights of consumers according to special legal regulations. 
If any provision of the GTC is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. 
The purchase contract in the wording of the General Terms and Conditions is archived by us in electronic form and is not accessible to third parties. The provisions of the General Terms and Conditions are an integral part of the purchase contract. Provisions deviating from the GTC can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the GTC provisions. Acceptance of these GTC is voluntary, but necessary to create an account and/or order and/or reservation by the customer. These GTC are valid from 31 8. 2022 and cancels the validity of the previous terms and conditions.