Terms of Use
 and
 
 General Terms and Conditions

 

Thank you for using Bearning's website and using our services.

The owner of this website is Bearning, s.r.o., Bottova 2A, 81109 Bratislava, Slovakia, Id. No.: 36 755 222, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File Number 45160/B and the site is operated by Bearning, s.r.o. and/or Bearning LLC., registered in the State of Delaware, 5954301 USA, (hereinafter both referred to as "Bearning").

By browsing this website, you agree to these Terms of Use, including other related terms such as the General Terms and Conditions, the Privacy Policy and the Use of Cookies. Bearning may modify these Terms of Use at any time.

You can register on Bearning's website by filling in the registration form and creating an account. We recommend that you keep your login information confidential. Bearning is not responsible for unauthorized access to your account.

Bearning strives to keep the content of this site up to date and to continuously amend, supplement and improve its services. Bearning, however, makes no warranties for the accuracy, timeliness, completeness or expediency of the information and documents on this website. Bearning may change the content of this site at any time without notice.

Bearning makes every effort to make the website available in accordance with current standards. Nevertheless, Bearning is not responsible for the temporary unavailability of the site and services caused by technical problems.

Bearning is in no way liable for any loss or damage to users of this site.

This website may contain links and links to third parties and other websites. Bearning has no responsibility for the content of these links and links. The use of these links and connections from Bearning websites does not imply Bearning's recommendation to use them.

Unauthorized use of this website is prohibited. All users of this site acknowledge that their Bearning account is personal and agree to use the content and services only on a personal basis. Users of this site are not authorized to provide their Bearning password to another person, nor are they allowed to access their Bearning account or put their Bearning account at risk in any way. Bearning web users are not allowed to access a anyone else's Bearning account.

Copyright: This website contains know-how, documentation and design owned by Bearning. All information and content of this site may not be reproduced, published or used in any form by a third party, except (1) printing and downloading content for private/non-commercial purposes, or (2) using this site in accordance with the General Terms and Conditions in accordance with the purchased plan for registered users.

Any disputes arising out of the use of this website are governed by the laws of the Slovak Republic and the United States.

© Bearning, s.r.o. and Bearning LLC. All rights reserved.

 

GENERAL TERMS AND CONDITIONS 

General terms and conditions of Bearning, s.r.o., with its registered office at Bottova 2A, 811 09 Bratislava - District Stare Mesto, ID: 36 755 222, VAT ID: SK2022356138, registered in the Commercial Register of the District Court Bratislava I., Section: Sro, File No.: 45160/B, telephone number: +421239396969, email: [email protected] (hereinafter referred to as "GTC").

1. General provisions

These GTC apply to contractual relations that arise between the provider Bearning, s.r.o., with its registered office at Bottova 2A, 811 09 Bratislava - District Stare Mesto, ID: 36 755 222, VAT ID: SK2022356138, registered in the Commercial Register of the District Court Bratislava I., Section: Sro, File No.421239396969: 45160/B  [email protected] (hereinafter referred to as "Bearning") and the customer by concluding a service contract.  The terms and conditions set out in the GTC form part of any contract for the provision of services concluded between the parties.

The Customer is any natural or legal person who has filled in and sent the order through the Bearning website and has received an email notification of receipt of the order. The customer is also any person who has placed an order by phone or e-mail, or confirmed by e-mail the acceptance of the Bearning and GTC quotations.

By completing the order form and confirming acceptance of these GTC (hereinafter referred to as the "Order") on the Bearning website bearning.com and bearning.online (hereinafter referred to as the "Bearning website"), the customer accepts the terms and conditions set out in the GTC, which form an integral part of any service contract, and which are still accessible on the Bearning website.

In addition to the general provisions of Act No. 40/1964 Coll. (Civil Code), special regulations apply to contractual relations, as well as other legal relations that may arise from or relate to the contractual relationship (hereinafter referred to as "contractual relations") with natural persons who are not acting within the scope of their business activity when concluding a purchase contract under these GTC (hereinafter referred to as "consumer"), in particular:

- Act No. 102/2014 Coll. on Consumer Protection for the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's business premises, 

- Act No. 250/2007 Coll. No. 372/1990 Coll. on offences, as amended,

- Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and on amendment and supplementation of certain acts,

- Act No 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes,

- Act No 18/1996 Coll. on prices.

Contractual relations with legal entities and with natural persons – entrepreneurs (hereinafter collectively referred to as "entrepreneurs") are subject to the provisions of Act No. 513/1991 Coll.  (Commercial Code) as amended.

If the customer does not use the possibility of ordering services via the order form according to point 1.3 of  the GTC, his telephone order or order sent by e-mail is also considered to be the order.

The order contains information about the customer, the ordered service and its price.  If the customer does not use the option to order via the order form, but executes the order by phone or by sending an e-mail, Bearning will send the customer a quote by e-mail.

The Service means, within the meaning of the GTC:

making learning materials available to the Customer in the form of electronic content for a prearranged specific or indefinite period of time according to Bearning's current offer (hereinafter referred to as "e-learning"). The current e-learning offer is published on Bearning's website. Bearning reserves the right to modify and supplement the Current e-Learning Offer from time to time;

attendance seminars or seminars organized online with a predetermined duration and content (hereinafter referred to as "trainings"). The current offer of individual trainings is published on the Bearning website. Bearning reserves the right to modify and supplement the current offer of trainings from time to time;

individually agreed consultations (hereinafter referred to as 'consultations').

Bearning will provide the e-learning without undue delay after receipt of payment. Bearning will deliver the ordered training on the date specified in the current offer, unless the parties agree otherwise. If the Customer does not use the services ordered, paid for and provided, in whole or in part, the Customer shall not be entitled to any refund or discount of the price of such services or to any compensation to any extent whatsoever.

2. Service order and conclusion of the service contract 

Before submitting the order, the customer is obliged to familiarize himself with these GTC, which the customer confirms by ticking the box "I have read and agree to the GTC".  The order shall be deemed to be a proposal for the conclusion of a contract for the provision of a service by the customer.

In the case of ordering e-learning, the Customer agrees to commence the provision of the service before the expiry of the withdrawal period.

The conclusion of the contract for the provision of the service occurs at the moment of delivery of the written acknowledgement of receipt of the order to the customer's e-mail address.

The consumer's telephone or e-mail order is concluded at the moment of receipt of the consumer's written (electronic) consent to the Bearning offer.

3. Price of the service and payment terms

All prices of services are listed on the Bearning website, including VAT. The euro (€) is the basic currency.

The price for the provision of the service will be paid by the customer in advance by credit card, bank transfer on the basis of invoice or by payment service paypal.com. Bearning does not charge a fee for any method of payment of the price. Bearning warns the customer, however, that some of the entities with whom the payment is made may charge a fee for payment according to their current terms and conditions.

For trainings organized individually for groups, the price is agreed individually with the individual customer. For consultations, the price is agreed individually with the individual customer.

In the event of the need for individual extension or repetition of the training, consultation or parts thereof beyond the scope specified in the terms and conditions of the ordered training, Bearning has the right to payment of the pro rata price of the service for the service actually provided beyond the scope agreed in the contract for the provision of the service. 

Bearning has the right to be paid the price of the service before it is rendered.

The price of the service ordered through the Bearning website is stated in the offer when filling in the order on the Bearning website.  In the case of a telephone and e-mail order, Bearning will send the customer a quote by e-mail.

Any discounts on the price of the service announced by Bearning after the date of conclusion of the service contract shall not entitle the Customer to a discount on the price of the service already purchased.

In the event of failure to meet the payment deadline for the price of the ordered service, Bearning is entitled to refuse to provide the service and to withdraw from the service contract. Bearning shall have the aforementioned rights until the price of the ordered service has been paid in full.

4. Right of withdrawal by the customer

The Customer has the right to withdraw from the service contract in accordance with and in the manner provided for in the Civil Code. 

In the case of a contract for the provision of a service concluded with the consumer through an order within the meaning of  point 2.3 of these GTC and on the basis of confirmation of the quotation by e-mail within the meaning of point 2.4 of these GTC, the consumer has the right to withdraw from the contract for the provision of the service without giving a reason within 14 calendar days from the date of conclusion of the contract for the provision of the service. The withdrawal period shall be deemed to be maintained if the notice of withdrawal was sent to Bearning no later than the last day of the period referred to in the preceding sentence.

The Consumer expressly agrees that by consenting to the commencement of the service prior to the expiry of the withdrawal period, the Consumer loses the right to withdraw from the contract once the service has been fully provided. 

If, under the service contract, the provision of the service is to commence before the expiry of the withdrawal period, the consumer hereby expressly consents to the commencement of the provision of the service before the expiry of the withdrawal period and declares that he has been duly instructed in accordance with section 4.3 of these GTC. If the consumer withdraws from the service contract and before the start of the provision of services and has given explicit consent under the applicable law, the consumer is obliged to pay the seller only the price for the services actually provided by the date of receipt of the notice of withdrawal from the contract. The price for the services actually provided shall be calculated pro rata on the basis of the total price agreed in the contract.

If the consumer requests the commencement of the provision of services during the withdrawal period, he is obliged to pay only the price for the services actually provided up to the date on which Bearning was notified of the decision to withdraw from the contract.

Bearning is obliged to reimburse the consumer for all payments received from the consumer under or in connection with the contract without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal. Bearning shall reimburse the consumer for the payments referred to in the previous sentence in the same way as the consumer used for his payment, unless the parties agree otherwise.

For withdrawal from the contract by the entrepreneur, the legal conditions laid down in the Commercial Code apply.

The Customer has the possibility to use the withdrawal form set out in the annex of these GTC in case of interest in withdrawing from the contract. The Customer exercises the right to withdraw from the contract as follows:

- in writing to the address specified in these GTC in the contact details for cases of withdrawal from the contract,

- by e-mail to the address specified in these GTC in the contact details for cases of withdrawal from the contract.

If the mail containing the customer's notice of withdrawal cannot be delivered to Bearning on the grounds that Bearning refuses to receive the postal item or does not transfer the postal item within the delivery period, or the addressee cannot be identified at the address indicated on the postal item (if the address is identical to Bearning's current address notified to the customer), and  the shipment may not even be sent to another known address, the notice of withdrawal from the contract shall be deemed to have been delivered on the date of dispatch of the notice of withdrawal by the customer.

Bearning's contact details for cases of withdrawal from the contract, claims according to point 5. of these GTC, complaints, requests and suggestions are as follows:

Bearning, s.r.o.
 Bottova 2A, 811 09 Bratislava - Old Town District, Slovak Republic
 Tel:         +421 2 393 969 69
 e-mail: [email protected]     

5. Claims and liability for damages

If the scope or quality of the services provided is less than previously agreed, the consumer is entitled to a complaint.

The Consumer is obliged to notify all complaints immediately by e-mail or by post, so that the remedy can be carried out in time and, in the case of on-site training, in the event of an on-site training session. If the Consumer, through no fault of his own, fails to notify the deficiency, he shall not be entitled to a discount. If the deficiency cannot be rectified, a complaint report will be drawn up by a person authorized by Bearning. The consumer is obliged to provide the necessary assistance to settle the complaint.

Bearning will handle the complaint immediately, in justified cases within three working days from the date of the complaint. If this is not possible, in particular if a complex technical assessment of the service condition is required, the consumer will be informed of the manner in which the complaint will be dealt with within a period of no more than 30 days from the date of the complaint. After the expiry of the time limit for handling the complaint, the consumer shall have the right to withdraw from the service contract or to a new date for the provision of the service.

If circumstances arise, the occurrence, course and consequences of which are not dependent on Bearning's actions and procedures (vis major), or if circumstances arise on the Customer's side, on the basis of which the Customer does not use the services ordered, paid for and provided in whole or in part, the Customer shall not be entitled to a discount on the price of these services, unless otherwise agreed between the parties.

Bearning shall not be liable for damages if they are caused by the Customer or a third party, or if they are not related to the provision of the services, or if they are caused by an unavoidable event that cannot be prevented even with Bearning's best efforts. Bearning accepts no liability for business or other decisions made by the Customer in connection with the Customer's knowledge acquired as a result of the services provided to the Customer. All services are for educational purposes only and are not to be construed as financial advice, financial brokerage or other instructions or recommendations to enter into contracts or transactions.

The Customer is obliged to use Bearning's financial models exclusively for educational purposes. The Customer acknowledges that the simulations presented in the Bearning Financial Models do not reflect reality, which depends on actual conditions. Bearning shall not be liable for any damages that the Customer may incur by using Bearning's financial models, in particular, but not exclusively, by using Bearning's financial models for commercial purposes, for the purpose of making business decisions or for the purpose of making decisions in his/her employment.

6. Alternative dispute resolution 

The consumer has the possibility to resolve disputes between Bearning and the consumer, arising from or related to a consumer contract, with an alternative dispute resolution entity pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts. 

If the Customer is dissatisfied with the manner in which Bearning has handled his/her complaint or believes that his/her rights have been violated and decides to resolve the dispute in accordance with the provisions of the Alternative Dispute Resolution Act, he/she should first contact Bearning with a request for correction. If Bearning responds to the consumer's request for correction in a negative manner or does not respond at all within 30 days of sending the request, the consumer may apply to the alternative dispute resolution body to initiate proceedings.

The bodies of alternative dispute resolution by law between Bearning and the consumer are the Slovak Trade Inspection and other legal entities registered in the list of the Ministry of Economy of the Slovak Republic.

 The Customer also has the possibility to use the alternative dispute resolution platform http://esc-sr.sk/ established under Articles 14(1) and 2 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online, amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on the settlement of consumer disputes online).

7. Final provisions

Legal relations established by the service contract are governed by the law of the Slovak Republic.

These general terms and conditions to Bearning contracts are effective from the date of 01.05.2022.


 

GUIDANCE ON THE EXERCISE OF THE CONSUMER'S RIGHT OF WITHDRAWAL[1]

 

1.Right of withdrawal:

You have the right to withdraw from this Agreement without giving any reason within 14 days.  The withdrawal period expires after 14 days from the date of conclusion of the contract.  When exercising the right of withdrawal, please inform us of your decision to withdraw from this contract by making a clear statement (e.g. by letter sent by post or e-mail) at Bearning, s.r.o., Bottova 2A, 811 09 Bratislava – Stare Mesto district, tel.  No.  +421 2 393 969 69, e-mail: [email protected].  The withdrawal period is preserved if you send a notice of exercise of the right of withdrawal before the withdrawal period expires.

2. Consequences of withdrawal

Upon cancellation of the contract, we will refund all payments you have made in connection with the conclusion of the contract, in particular the purchase price, including the cost of delivery of the goods to you. This does not apply to additional costs if you have chosen a delivery method other than the cheapest normal delivery method we offer. Payments will be refunded to you without undue delay, no later than 14 days from the date on which we receive your notice of withdrawal from this contract. They will be refunded in the same way as you used for your payment, unless you have expressly agreed to a different method of payment, and without any additional charges being made.[2]

If you have requested the commencement of the provision of services during the withdrawal period, you are obliged to pay us the price for the performances actually provided up to the date on which you notified us of your decision to withdraw from this agreement.


 

 

MODEL WITHDRAWAL FORM

(Fill in and send this form only if you wish to withdraw from the contract)

 

Whom:

Bearning, s.r.o.

Bottova 2A

811 09 Bratislava

Slovakia

e-mail: [email protected]

I hereby announce that I am withdrawing from the contract for the provision of this service:

Order date/date of receipt*:

 

Name and surname of the consumer/consumers*:

 

 

Consumer/consumer address*:

 

 

Signature of the consumer/consumers* (only if this form is filed in paper form):

 

 

Date:

 

 * Strikethrough not applicable

 


[1]  The content of this instruction is the verbatim text of the instruction contained in Annex 2 to Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts.

[2]  This paragraph will not apply to a contract for services as Bearning will not deliver any goods to you in connection with the services and you will not be required to send any goods to Bearning in connection with any cancellation of the contract. The law does not allow us to delete this paragraph from the consumer notice.