GENERAL TERMS AND CONDITIONS FOR THE E-SHOP
By ordering services through the web portal https://icybear.io/ or https://store.icybear.io/products, the Customer enters into a purchase agreement (hereinafter referred to as the "Agreement") with the Provider. These General Terms and Conditions define the content of the Agreement, particularly the rights and obligations arising for the Provider and the Customer.
Provider: Name: IcyBear Czech Republic s.r.o.
Company ID: 21129258
VAT ID: CZ21129258
Address: Zámostní 1155/27, Slezská Ostrava, 710 00 Ostrava, Czech Republic
Registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 96878
Contact Information:
Business Address: Zámostní 1155/27, Slezská Ostrava, 710 00 Ostrava
Phone: +420 739 294 204
Email: support@icybear.io
Web Portal: https://icybear.io/, https://store.icybear.io/products
Hereinafter referred to as the "Provider"
1.1. These General Terms and Conditions (hereinafter referred to as the "Terms") regulate, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of the contracting parties arising from or related to the conclusion of the Agreement between the Provider and the purchaser (the "Customer"). The Provider provides services through the web portal interface located at https://icybear.io/ and https://store.icybear.io/products (hereinafter the "Web Portal").
1.2. The Terms form an integral part of the Agreement. The Provider may unilaterally amend or supplement them. Such changes do not affect rights and obligations established prior to the effectiveness of the new Terms.
1.3. The Agreement may contain provisions deviating from the Terms. Such provisions shall take precedence over the Terms.
1.4. The Terms are prepared in the Czech language.
1.5. All information on the processing of the Customer's personal data is contained in the Privacy Policy available at https://icybear.io/.
2.1. E-shop – an online store on the Web Portal for the display, selection, and ordering of services.
2.2. Civil Code – Act No. 89/2012 Coll., Civil Code, as amended.
2.3. Purchaser/Customer – a natural person/business individual/legal entity who places an order through the E-shop and concludes a Purchase Agreement with the Provider.
2.4. Consumer – a person who, outside the scope of their business or professional activity, enters into a contract with a business entity or otherwise interacts with it.
2.5. Order – a binding offer from the Customer to conclude a Purchase Agreement.
2.6. Purchase Agreement/Agreement – a contract between the Provider and the Customer based on an Order placed via the E-shop, in accordance with § 2079 et seq. of the Civil Code.
2.7. Consumer Contract – a contract for the purchase of services concluded between the Provider and a Consumer.
2.8. Service – a service offered on the E-shop and provided by the Provider to the Customer under the Agreement or based on an Order, including tailored services from Individual Orders.
2.9. User – any person using the E-shop.
2.10. User Account – a section of the E-shop accessible to each registered User showing personalized information, e.g., placed Orders.
2.11. Registration – the process of registering a User into the E-shop's database by entering required registration data.
2.12. Access Credentials – the username and password generated for the User during Registration.
2.13. Price/Total Price – the monetary amount payable to the Provider in relation to the purchase of the Service, including all associated fees.
2.14. IcyBear Service / IcyBear License – cybersecurity services provided according to the ordered product for end devices such as workstations, phones, or tablets, covering the specified number of protected devices for a defined period:
3.1. The presentation of the Service on the Provider's E-shop is for informational purposes only. The Provider is not obliged to enter into a contract regarding any Service. The provision of § 1732(2) of the Civil Code shall not apply – i.e., any proposal to provide a Service made through:
3.2. The E-shop displays information about the Service, including its presentation and pricing. The Service price is shown including VAT and all related fees. This does not prevent the Provider from agreeing to individual business terms at the time of concluding the Agreement.
3.3. The Agreement may be concluded in either Czech or English.
3.4. The Agreement is concluded the moment the Order is submitted via the order form by the Customer. By submitting the Order, the Customer agrees to the use of remote communication tools. The Customer bears the costs associated with using remote communication, which do not differ from the standard rate (e.g., internet access, phone call charges).
3.5. To order a Service, the Customer fills out an order form on the E-shop, which includes the following details:
3.6. Before submitting the Order, the Customer fills in their personal details, which they are entitled to review, change, or correct, including the option to modify or remove items from the cart or update the payment method. The same applies to any other information entered into the Order.
3.7. By clicking the “I agree with the terms and conditions” checkbox before submitting the Order, the Customer agrees to the current version of the Terms and the processing of personal data as described in the Privacy Policy. The Order is finalized by clicking the button (e.g., “Checkout” or “Pay”) confirming the obligation to pay.
3.8. The Provider considers the data submitted via the Order form to be accurate, complete, and truthful. The Provider must confirm receipt of the Order to the Customer's email or phone number provided in the form. This confirmation includes a summary of the Order and the Terms effective on the day the Order was made.
3.9. The confirmation of the Order constitutes the conclusion of the Agreement, creating an obligation for the Customer to pay the Service Price and for the Provider to deliver the Service.
3.10. The Provider is not obliged to confirm the Order – especially in cases where the Service is unavailable. In such cases, the Provider may cancel the Order or offer the Customer a similar Service. The Agreement is then concluded upon the Customer’s confirmation of the Provider's new offer.
3.11. Customers may also place Orders through their User Account, but must ensure that all pre-filled identification details are accurate, complete, and truthful.
3.12. If the Customer has a discount coupon or voucher, they must enter the code into the “Apply your coupon” field and click the corresponding “Apply” button to receive the discount.
4.1. The unit price of the Service is listed including value-added tax (VAT) and all fees associated with the purchase of the Service.
4.2. The price of the Service is shown on the E-shop, in the Order proposal, and in the Order confirmation. In the event of a discrepancy between the price shown on the E-shop and the price in the Order proposal, the price in the Order proposal takes precedence and will match the price in the Order confirmation.
4.3. The Provider requires payment of the full price before delivering the Service to the Customer. The total price can be paid via:
4.5. Any discounts provided cannot be combined. Only one discount voucher may be used per Order.
4.6. The Agreement becomes effective upon payment of the Total Price. In the case of:
4.7. The Provider will issue a tax document (invoice) for each Order, which will be sent to the email address provided in the Order. The Provider is a VAT payer.
4.8. The Service is considered delivered at the moment it is fulfilled by the Provider to the Customer.
5.1. The Provider will inform the Customer in writing of any circumstances preventing the provision of the Services as specified in the Order, Order confirmation, or Agreement, provided such circumstances are known in advance.
5.2. The Provider is not liable for any interruption in the provision of Services caused by third parties (e.g. malfunctions or issues on the side of subcontractors) or force majeure (e.g. natural disasters, pandemics, or government interventions), if such circumstances could not have been reasonably prevented or were not caused by the Provider’s negligence.
5.3. If any obligations arise due to an incorrect or duplicate payment made by the Customer, and the amount exceeds CZK 100, the Provider will return the overpaid amount to the Customer. If the Service is provided on a recurring basis, the overpayment will be credited to the next billing cycle.
6.1. The Customer is obliged to:
7.1. Upon Registration on the E-shop, the Customer gains access to their User Account. The E-shop does not allow the purchase of Services without registration, so creating a User Account is necessary.
7.2. During Registration, the Customer must provide all required personal information truthfully, accurately, and completely. The Customer is also responsible for updating this information in case of any changes.
7.3. Access to the User Account is secured with a username and password. The User is responsible for keeping this login information confidential. The Provider is not liable for any misuse of login credentials.
7.4. The User Account is personal and intended for one specific User only. It must not be shared with third parties.
7.5. The Provider may cancel a User Account if the User breaches any obligations under the Agreement or the Terms, or if the User has not used the account for more than 2 years.
7.6. The User acknowledges that access to the User Account may not be available continuously, particularly due to necessary maintenance of the Provider’s hardware or software, or maintenance by third parties cooperating with the Provider.
8.1. Any interruption, limitation, or delay in the provision of the Service due to reasons specified in the Agreement, the Order, the Terms, or common business practices shall not be considered defective performance by the Provider. Therefore, the Customer is not entitled to claim rights arising from defective performance.
8.2. In the event that either party causes damage to the other, only actual damage (not loss of profit) shall be compensated under the Agreement and these Terms.
8.3. The Provider is not liable for any damage if the Customer breached obligations specified in the Agreement or the Terms.
8.4. The Customer is liable for any damage caused by their own fault, including to themselves, the Provider, or any third party, as a result of providing false or incorrect information in the Order or the Agreement.
9.1. The Provider processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (commonly referred to as "GDPR").
9.2. Information about how personal data is processed and protected under the GDPR is available in the "Privacy Policy" on the Provider’s Web Portal at https://icybear.io/.
X. Rights from Defective Performance
10.1. Rights from defective performance are governed by the relevant generally binding legal regulations, in particular the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
10.2. According to § 1914 of the Civil Code, the Provider is obliged to provide performance without defects with the properties required by the Customer or usual so that the subject of performance can be used according to the Contract, and if known to the parties, also according to the purpose of the Contract. If the performance is defective, the Customer is entitled to exercise rights from defective performance (hereinafter "Complaint").
10.3. The Customer is entitled to file a Complaint if the Service has a defect or does not meet any of the conditions specified in point 10.2. of this article of the Terms and Conditions. The Customer is entitled to file a Complaint only in case of a discrepancy between the provided performance and the Contract, not the result of the Service.
10.4. If the Provider guarantees the result of the Service in the Contract, the Customer is also entitled to file a Complaint in case of a discrepancy between the result of the Service and the Contract.
10.5. According to § 1921 paragraph 1 of the Civil Code, the Customer is obliged to first point out the defect of the Service without undue delay after the Customer had the opportunity to detect the defect, either by identifying the defect or by notifying how the defect manifests itself, but no later than six months from the date of provision of performance by the Provider.
10.6. The Customer can point out a Service defect via email at support@icybear.io, or in person at the Provider's business address.
10.7. When filing a Complaint, the Customer is obliged to choose how the Complaint should be resolved, and the choice already made is binding and cannot be changed without the Provider's consent. The Complaint will then be resolved by the Provider in accordance with the method chosen by the Customer.
10.8. If the Service has a defect, the Customer has the right to:
● provision of a replacement Service,
● correction of the result of the original Service,
● a reasonable discount on the Service Price,
● withdrawal from the Contract.
10.9. A change in the method of resolving the Complaint is possible if the Customer requested removal of the defect by repairing the original Service, which proves to be irreparable.
10.10. The Provider is entitled to refuse to remove the defect by repairing the Service if the defect proves to be irreparable or its removal would be disproportionately costly, especially with regard to the significance of the defect and the value that the Service would have without the defect.
10.11. The Customer has the right to withdraw from the Contract or to a reasonable discount from the Purchase price if:
● the Provider refuses to remove the defect by repairing the Service,
● the same Service defect appears repeatedly,
● the defect represents a substantial breach of the Contract,
● the Provider has not removed the defect by repairing the Service within a reasonable time.
10.12. The Customer is not entitled to withdraw from the Contract if the Service defect is insignificant.
10.13. The Customer is not entitled to file a Complaint about the Service if they caused the Service defect by their fault or if they knew about the Service defect at the time of its provision.
10.14. When filing a Complaint, the Customer will be issued a written confirmation from the Provider containing in particular:
● date of filing the Complaint,
● content of the Complaint - specification of the Service, including a description of the defect,
● the method of resolving the Complaint that is requested by the Customer,
● Customer's contact details for the purpose of providing information on the settlement of the Complaint by the Provider.
10.15. The period for removing the defect by repairing the Service is 30 days from the date of filing the Complaint, unless the contracting parties agree otherwise. The running of the period is interrupted if the Provider has not received all the documents needed to resolve the Complaint, until they are received from the Customer.
10.16. The Customer will be informed about the settlement of the Complaint by the Provider via the specified email address or phone number. The Provider will subsequently issue the Customer with confirmation of the date and method of resolving the Complaint.
10.17. Filing a Complaint has no suspensive effect against the amount of the charged Price for the Service, and the Customer is obliged to pay the charged Price in full by the due date set by the Provider. In the case of a positive resolution of the Complaint, the Customer has the right to a refund of the overpayment of the Price or the right to a reduction in the Price.
XI. Withdrawal from the Contract by the Consumer
11.1. Withdrawal from the Contract by the Consumer is governed by § 1829-1837 of the Civil Code.
11.2. In the case of concluding the Contract by distance means or outside the Provider's business premises, i.e. through the E-shop or other means of distance communication, with the exception of cases listed in § 1837 of the Civil Code, the Consumer has the right to withdraw from the Contract within 14 days from the conclusion of the Contract.
11.3. In the case of regular delivery of the Service, the 14-day period starts from the day of conclusion of the Contract.
11.4. The Consumer will notify the E-shop of the withdrawal from the Contract in writing to the address of the E-shop's premises or electronically to the email address support@icybear.io.
11.5. If the Consumer withdraws from the Contract, they bear no costs. The legal effects of withdrawal from the Contract occur on the day of its delivery to the Provider.
11.6. The E-shop will return to the Consumer, without undue delay, but no later than 14 days from the withdrawal from the Contract, all funds received from them under the Contract, in the same manner. If the Consumer agrees, the E-shop will return the received funds in another way, provided that the Consumer does not incur additional costs.
11.7. The Consumer is not entitled to withdraw from the Contract in the following cases:
● The Service has been provided in full,
● in the provision of the Service for payment, if the performance began with the prior express consent of the Consumer before the expiry of the period for withdrawal from the Contract and the Provider informed the Consumer before concluding the contract that by providing the performance, the right to withdraw from the Contract will expire,
● the Price of the Service depends on fluctuations in the financial market independent of the Provider's will and which may occur during the period for withdrawal from the Contract,
● for urgent repair or maintenance to be carried out at a place designated by the Consumer at their express request, but this does not apply to the performance of repairs other than those requested,
● for accommodation, transport of Goods, rental of a means of transport, catering or leisure use, if according to the Contract the performance is to be provided on a certain date or in a certain period,
● Contract concluded on the basis of a public auction under another law, in which the Consumer may be physically present.
XII. Copyright of the Provider
13.1. Real photographs and videos published on the E-shop are copyright works within the meaning of § 2 of Act No. 121/2000 Coll., Copyright Act, as amended (hereinafter referred to as the "Copyright Act"),
13.2. Photographs and videos created directly by the Provider are his copyright work, thus he has all rights to them according to the Copyright Act. Photographs and videos made by a professional photographer, provided by a supplier, subcontractor or manufacturer are used on the basis of a granted license.
13.3. Copyright cannot be infringed by a third party without a license being granted, i.e. photographs or videos are not intended for free use. Otherwise, the Author is entitled to seek copyright protection.
13.4. Illustrative photographs and videos published on the E-shop are used on the basis of a license granted by their Author, including the consent of the persons depicted on them, or they are materials intended for free use by the public.
13.5. The Provider exercises in his name and on his account property rights to the work, i.e. to the Provision of IcyBear services, within the meaning of the Copyright Act, which was created in order to fulfill the obligations for the Provider arising from the Order and the Contract.
13.6. By purchasing the Service, the Customer is provided with a personal, non-exclusive, geographically unlimited and time-limited license to use the Service. This license is non-transferable and non-assignable to a third party.
13.7. The Customer is not entitled to provide the license to third parties, as well as to sell, rent, or assign or make the Service accessible.
13.8. All rights regarding the content of the Service, especially trademarks, design, software, graphics, sounds, etc., including its individual parts represent the exclusive property of the Provider. The Customer is not entitled to provide a license, sublicense, copy, modify or create collective or derivative works from the content of the Service.
13.9. The Customer is obliged to use the Service in accordance with the Contract, the Terms and Conditions and legal regulations.
XIII. Resolution of Disputes with Consumers
14.1. A complaint about the procedure of the E-shop, which concerns, for example, partial provision of the Service, delayed return of the Price in case of withdrawal from the Contract or rejection of a Service complaint, can be sent by the Consumer to the email address of the E-shop support@icybear.io. The list of possible situations when it is appropriate to first contact the Provider is of course wider, especially in the area of providing the Service, discount on the Price, resolving a Service complaint and other matters directly related to the Order. The Provider will inform the Consumer about the resolution of the complaint via their email address.
14.2. A complaint to the Czech Trade Inspection Authority, based at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, web portal: http://www.coi.cz, can be submitted by the Consumer via the web form: https://www.coi.cz/podatelna, or in person or in writing at the relevant branch, for reasons contained in Act No. 634/2012 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
These include, for example, the following cases:
● The Provider does not issue the Consumer with a receipt of the Complaint or its resolution method,
● The Provider does not resolve the Complaint within 30 days, or within the extended period agreed with the Consumer,
● The Provider does not inform the Consumer about their rights when filing a Complaint or about their rights in case of a discrepancy between the received Service, or the result of the Service and the Contract,
● The Provider does not issue, even upon request, a receipt for the purchase of the Service containing all the requirements,
● The E-shop uses unfair business practices consisting, for example, in providing false information about the offered Service, which has a significant impact on the Consumer's decision regarding its purchase,
● The Provider does not mark the Service with the Price.
14.3. For the out-of-court resolution of consumer disputes arising from the Contract according to the Consumer Protection Act, the Czech Trade Inspection Authority is competent. The platform, which can be found on the web portal: http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the Provider and the Customer who is a Consumer, from a contract for the purchase of a Service concluded by electronic means of distance communication.
14.4. The European Consumer Centre Czech Republic, based at Štěpánská 796/44, 110 00 Prague 1, web portal: http://www.evropskyspotrebitel.cz, provides information on Consumer rights in the European market, including free help and advice regarding disputes of Consumers with E-shops from other European Union countries, Norway and Iceland.
14.5. The Provider is bound by codes of conduct in relation to the Consumer, which the Provider voluntarily complies with.
XIV. Final Provisions
15.1. Delivery of all information and documents takes place through electronic means of communication, at a distance, i.e. User Account, email, phone number.
15.2. By creating and sending an order regarding the purchase of the Service, the Customer confirms that they have read the Terms and Conditions, and that they express their consent to them in full through the web form.
15.3. The Contract may be changed only on the basis of a written agreement between the Provider and the Customer.
15.4. If the Contract or the legal relationship arising from it contains an international element, such as the provision of the Service outside the territory of the Czech Republic, the rights and obligations between the contracting parties will always be governed by the law of the Czech Republic. In the event that the Customer is in the position of a Consumer, their rights are not affected by the previous sentence.
15.5. In the event of a change to the Terms and Conditions, the Provider will publish new Terms and Conditions on the Web Portal. However, this change will not affect the rights and obligations arising from Contracts concluded before the effectiveness of the new Terms and Conditions.
15.6. In the case of regular delivery of the Service, the new wording of the Terms and Conditions will be sent to the Customer's email address no later than 14 days from the effective date of the new Terms and Conditions. If the Customer does not send a termination of the Contract for regular delivery of the Service to the Provider within 14 days from the delivery of the new wording of the Terms and Conditions, the new Terms and Conditions become part of the Contract, and will apply to the first delivery of the Service following the effectiveness of this change. In the event that the Customer exercises the option to terminate the Contract, the notice period is 2 months.
These Terms and Conditions are effective from January 1, 2025.
