Terms and Conditions
1) These business conditions (hereinafter referred to as “business conditions”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties in connection with or on the basis of a training contract concluded between Bemensa s.r.o. with IČO 08841977, in the position of a service provider (hereinafter referred to as “service provider”) and another natural or legal person (hereinafter referred to as “client”) through the website.
2) The Website is operated on a domain located at the Internet address www.bemensa.com (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Website Interface”)
3) If the client is a consumer, these business conditions apply to the mutual rights and obligations between the client and the service provider to the maximum extent possible, so that all consumer rights are preserved to the extent required by the Civil Code.
4) Provisions deviating from the business conditions can be agreed differently only in the case of an agreement between the client and the service provider. Deviating arrangements take precedence over the provisions of the terms and conditions. The provisions of the terms and conditions are an integral part of the contract.
5) When ordering the services, the client is obliged to state all data correctly and truthfully.
6) In order to help make the website a secure environment for the purchase and sale of the products, the client is required to accept and comply with these Terms and Conditions. The client agrees that by accessing the Website and/or the Products, he/she has read, understood and agree to be bound by all of these Terms and Conditions. If the client does not agree with all of these Terms and Conditions, then the client is expressly prohibited from using the Website and/or the Products and the client must discontinue immediately.
7) Supplemental Terms and Conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. The service provider reserves the right, at its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. The service provider will alert the client about any changes by updating the “Last updated” date of these Terms and Conditions, and the clients waives any right to receive specific notice of each such change. The client will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by his/her continued use of the Website after the date such revised Terms and Conditions are posted.
Conclusion of the contract for the provision of services
1) By agreeing to these terms and conditions, the client confirms that he/her has duly and completely acquainted him/herself with the content of the website, including what is the content of the services offered by the service provider and is interested in receiving the offered services. The content of the provided services is:
- Provision of a training course, whereby the client receives a total of 12 modules of training in figurative matrices for a period of 3 weeks.
- If the client decides that he/she does not want to continue the training course after the first session, he/she is entitled to a partial refund.
- Provision of a single consultation for the specified time.
2) All presentations placed on the web interface are of an informative nature and the service provider is not obliged to enter into a contract regarding the services offered. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply.
3) The web interface contains information about services, including the prices of individual services. Prices of services are listed including value added tax and all related fees. The prices of the services remain valid as long as they are displayed on the web interface. This provision does not limit the possibility for the service provider to enter into a contract under individually agreed conditions.
4) To order the service, the client fills in the order form on the web interface. The order form contains, in particular, information about:
- ordered service,
- the method of payment of the price for the ordered service,
- method of providing the service
(hereinafter collectively referred to as “order”).
5) Before sending the order, the client is allowed to check and change the data he/she entered in the order, even with regard to the client’s ability to detect and correct errors made when entering data into the order. The client sends the order by clicking on the “Order” button.
6) Sending an order is considered to be an act of the client that unequivocally identifies the ordered service, the price for the service, the person of the client, the method of payment of the price for the service, and is a binding draft contract for the parties. The condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these business conditions on the website and confirmation of the client that he/she has read these business conditions.
7) Immediately after receiving the order, the service provider confirms this receipt to the client by e-mail, to the client’s e-mail address specified on the user interface or in the order (hereinafter referred to as the “client’s e-mail address”). However, confirmation of receipt of the order does not mean acceptance of the proposal for the conclusion of the contract by the service provider.
8) The contractual relationship between the service provider and the client is established by delivery of the acceptance of the order (acceptance), which is sent by the service provider to the client by e-mail, to the client’s email address. Part of the acceptance of the order is the determination of a specific date for the start of the provision of the service.
9) In the event that any of the requirements specified in the order cannot be met by the service provider, it will send the client an amended offer to the email address stating possible variants of the order and request the client’s opinion.
11) The amended offer is considered a new draft contract and in such case the contract is concluded only by acceptance of the client by e-mail.
12) The client agrees to the use of means of distance communication when concluding the contract.
13) The costs incurred by the client in the use of means of distance communication in connection with the conclusion of the contract (costs of internet connection, costs of telephone calls) shall be borne by the client himself/ herself.
Price of the service and payment terms
1) The client may pay the price of the service and any other costs associated with it to the service provider by online payment card via Stripe service.
2) The service provider shall issue a tax document – an invoice – to the client regarding payments made on the basis of the contract.
Withdrawal from the contract and other ways of terminating the contract
1) If the client is a consumer, he/she has the right in accordance with the provisions of § 1829 et seq. of the Civil Code to withdraw from the contract within fourteen days from the date of conclusion of the contract. Withdrawal from the contract must be sent to the service provider within the period specified in the previous sentence.
2) To withdraw from the contract, the client may use the sample form provided by the service provider, which forms an annex to the terms and conditions. The provisions of Article IX of these Terms and Conditions apply to the delivery of withdrawals from the contract.
3) In the event that the contract is concluded and the date of the performance of the ordered service is agreed before the expiration of the period of withdrawal from the contract, the client hereby requests pursuant to § 1823 of Act No. 89/2012 Coll., of the Civil Code that the contract be performed before the expiry of this period. In such case, according to the provisions of § 1837 letter a) of Act No. 89/2012 Coll., Civil Code, the client has no right to withdraw from the contract.
4) In case of withdrawal from the contract according to Article IV. paragraph 1) of the Terms and Conditions, the service provider shall return the funds received from the client within fourteen days of withdrawal from the contract by the client, in the same way as the service provider received them from the client.
5) The client is entitled to a refund of the full fee paid for the provision of the service in the following cases:
- In the case referred to in Article II. paragraph 1 of these terms and conditions.
- The client will not be accepted into the program.
- The client has changed his/her mind and is no longer interested in registering for the program before the first training session.
- In the case of a single consultation, if the client cancels the agreed appointment at least 12 hours in advance.
6) The Client is not entitled to a partial refund of the paid remuneration for the provision of the training course if the client discontinues training and does not respond to the trainer for a period of 2 weeks.
7) If the conditions specified in paragraph 6 of this Article are met, the service provider is entitled to unilaterally terminate the provision of the training course without the obligation to return the remuneration paid to the client for the provision of the service.
Defective performance rights
1) The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
Other rights and obligations of the contracting parties
1) The service provider is not bound by any codes of conduct in relation to the client in the sense of the provisions of § 1826 paragraph e) of the Civil Code.
2) The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the contract.
3) The client hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
Protection of personal data
1) The service provider processes the client’s personal data in accordance with EU Regulation No. 2016/679 (hereinafter referred to as “GDPR”) and the legal regulations of the Czech Republic.
2) The service provider acts as a controller of personal data. The client’s personal data will be processed in the scope of: name and surname, address or registered office, email address, telephone number, identification number and tax identification number. The service provider processes personal data provided by the client or personal data obtained by the service provider on the basis of fulfilling the client’s order.
3) The legal reason for processing personal data is:
- performance of the contract between Article 6 (1) (a) b) GDPR,
- fulfillment of the legal obligation of the administrator pursuant to Article 6 (1) (a) c) GDPR,
- the legitimate interest of the service provider in the provision of direct marketing (in particular for the sending of commercial communications and newsletters) pursuant to Article 6 (1) (a); f) GDPR,
- the client’s consent to processing for the purposes of providing direct marketing (especially for sending commercial messages and newsletters) pursuant to Article 6, paragraph 1, letter a) GDPR in connection with § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services, in the event that no goods or services have been ordered,
- fulfillment of legal obligations that apply to the service provider.
4) The purpose of personal data processing is
- settlement of the client’s order and exercise of rights and obligations arising from the contractual relationship between the service provider and the client,
- the service provider’s obligation to document towards state administration and state supervision bodies.
5) Furthermore, the purpose of processing personal data, in cases of granting special consent of the client:
- transmission of business or marketing messages.
6) The service provider for the performance of the contract uses the services of subcontractors as sub-processors, in particular the provider and administrator of the ordering software, the provider of accounting software and the provider of mailing services. Subcontractors are checked for the secure processing of personal data. The service provider and subcontractors have entered into a contract for the processing of personal data, according to which subcontractors are responsible for the proper security of the physical, hardware and software perimeter, and therefore bear direct responsibility to the client for any leakage or breach of personal data.
7) The service provider has taken legal, organizational and technical measures to protect the processed personal data so that unauthorized or accidental access to the data, their change, destruction or loss, unauthorized transfers, other unauthorized processing, as well as other misuse cannot occur; all obligations of the personal data processor arising from legal regulations are secured in terms of personnel and organization for the duration of data processing.
8) The provision of personal data is a legal and contractual requirement
9) The client’s personal data will be processed for the period of performance of the contract and legal deadlines.
10) The Client has the right to request from the service provider access to his/her personal data pursuant to Article 15 of the GDPR, correction of personal data pursuant to Article 16 of the GDPR, or restrictions on processing pursuant to Article 18 of the GDPR. The user has the right to delete personal data according to Article 17, paragraph 1, letter a), c) to f) GDPR. Furthermore, the user has the right to object to the processing according to Article 21 of the GDPR and the right to data portability according to Article 20 of the GDPR. These rights can be exercised and any questions regarding the protection of personal data can be sent to the email address firstname.lastname@example.org. If the client believes that his/her right to personal data protection has been violated, he/she has the right to file a complaint with the Office for Personal Data Protection ( www.uoou.cz ).
11) The service provider declares that it has taken all appropriate technical and organizational measures to secure personal data. The service provider has taken technical measures to secure data repositories systems and repositories of personal data in paper form. The service provider declares that only authorized persons have access to personal data.
1) Notices concerning the relationship between the service provider and the client, in particular concerning withdrawal from the contract, may be delivered by post in the form of a registered letter or electronically in accordance with paragraph 3 of this Article. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been received and effective upon delivery by post, except for notice of withdrawal made by the client, where withdrawal is effective if the notice is sent by the client within the withdrawal period.
2) A notice, the receipt of which was refused by the addressee or which was not collected during the storage period, or which was returned as undeliverable, is also considered delivered.
3) The contracting parties may also deliver correspondence to each other via e-mail, to the e-mail address provided by the client when ordering the service, resp. to the address listed on the service provider’s website – email@example.com.
Intellectual Property Rights
Unless otherwise indicated, the Website and its content are the service provider proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographic and graphics on the Website (collectively, the “Content”) are owned or controlled by the service provider or licensed to the service provider, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions.
The Content is provided on the Website for the client information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without the service provider express prior permission.
Provided that you are eligible to use the Website and the Content, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. The service provider reserves all rights not expressly granted to the client in and to the Website and the Content.
1) If the relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and that any disputes arising from these contracts are settled by the competent Czech courts. This does not affect the consumer’s rights arising from generally binding legal regulations.
2) If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the contract or business conditions require a written form.
3) The contract, including the business conditions, is archived by the service provider in electronic form and is not accessible.
4) The appendix to the business conditions is a sample form of withdrawal from the contract.
Prague, August 1, 2021
Sample form of withdrawal from the contract
(fill in this form and send it back only if you want to withdraw from the contract)
Notice of withdrawal from the contract
Addressee: ………………………………………………………….., With IČO ……………………………….…….
I declare that hereby I withdraw from the contract for the provision of services:
Service order date:
Your name and surname: