Complaints Procedure

How to purchase

Should any of the points listed beneath the conditions of this procedure be in conflict with the legal regulations that protect the end consumer (e.g. in the event of a change to a law the new legal rights may protect the end consumer better than is provided for in this procedure), the conditions for the end consumer shall, of course, be governed by legal rights that are favourable for consumers.

The Complaints Procedure governs the warranty for goods and the method of lodging complaints

The Complaints Procedure has been prepared in accordance with:

“A consumer is any person who, outside his/her business or outside the independent exercise of his/her profession, concludes a contract with an entrepreneur or otherwise deals with him/her.”

“Whoever independently carries-out on his/her own account and takes responsibility for his/her gainful activity in a trade or in a similar activity with the intent to do so consistently and for profit is considered, with regard to this activity, as being an entrepreneur.

Being considered as an entrepreneur is, inter alia, for the purpose of consumer protection and of the § 1693, also every person who enters into a contract related to his/her own business, whether it is manufacturing or a similar activity, or who independently exercises his/her profession, or a person who is acting on behalf of the entrepreneur.”

To refute any doubts and to prevent any possible conflicts or contradictions, considered as an Entrepreneur for the purposes of a contractual relationship is any person who identifies him-or-herself to the Seller under his/her business ID and who, using  this ID, will also undertake any legal acts.

By accepting goods from the seller or from the carrier, the buyer expresses his/her acceptance of the Complaints Procedure. The buyers, whether consumers or entrepreneurs, are obliged to acquaint themselves with the Complaints Procedure prior to placing an order. All of this is for the purpose of avoiding any possible conflicts or collisions.


  1. The length of the warranty associated with the liability for defects in accordance with § 2165, Paragraph 1 of the Civil Code is listed on the delivery note, whereby the minimum warranty period for new goods is 24 months. The warranty period for the goods supplied commences from the acceptance of the goods by the customer and is extended for the length of any period during which the product was under warranty repair. After processing any legitimate complaint the warranty period is extended by the duration of the remediation of the complaint. (The duration of the complaint commences on the day following the receipt of the goods by the seller and ends on the date of the settling of the complaint, i.e. not on the day of the picking-up of the goods by the customer.) In the case of any complaint being unjustified the warranty period will not be extended. The warranty covers defects of the material, functional defects and defective workmanship.
  2. The seller shall not be liable for any defects if the buyer, prior to the acceptance of an item, was aware that the item has a defect, or if the buyer him-or-herself caused the defect.
  3. This warranty does not cover the following cases:
    • defects caused by poor operation or inexpert or inappropriate treatment, nor damage to equipment  caused by excessive mechanical wear
    • wear-and-tear caused by normal use
    • mechanical damage to the goods
    • the performance of unskilled service-work or the changing of the geometrical parameters of the tools

In regard to the above, the buyer acknowledges that the warranty period should not be confused with the innate durability of the goods, i.e. the time during which the goods are capable, given their characteristics, their purpose(s) and their differences in regard to the intensity of their use, to withstand and therefore to fulfil their full functionality. During the complaint procedure the seller also assesses the claimed defect with respect to the durability and the wear rate. This information will constitute part of the content of the complaint protocol, if the seller refers to it as a reason for rejecting a complaint that was made during the warranty period.

The method of making a complaint

  1. When making a complaint it is necessary to submit the complete subject matter of the complaint, including its accessories or its claimed part(s).
  2. In the event that the goods were purchased by a buyer who is an entrepreneur, as defined above, the buyer must make his/her complaint directly to NAREX Ždánice, spol. s r.o. and not through its sales representatives.
  3. The consumer, based on his/her own interest in the fast settlement of his/her complaint, shall submit, together with the claimed item, an invoice proving the concluding of the purchase contract in regard to the subject of the complaint, together with the delivery note. Any costs for the ship-ping of the goods shall be borne by the customer.
  4. During the course of pursuing his/her complaint the customer should indicate how s/he wishes the complaint to be resolved.
  5. In the case of the confirmation of a warranty claim the customer is entitled to demand the reimbursement of reasonable costs incurred for the shipping of goods.
  6. During the course of pursuing his/her complaint the consumer, in his/her own interest, shall ensure that the goods are packed using an appropriate packaging material that fulfils the demands of the transporting of goods, preferably in their original packaging because of the possible risk of damage to the goods.
  7. When making a claim the precise details of the claimed defects and the specification of the rights that the customer claims against the supplier must be communicated to the supplier from the outset or, at the latest, prior to handing over the item that is the subject of the claim to the supplier.
  8. After checking both the documents submitted and the item that is the subject of the claim, the supplier:
    • accepts the complaint as legitimate and executes it on the spot
    • if it is not possible to settle the legitimate complaint on the spot, the supplier accepts the claimed item for the complaint procedure, during which any legitimate complaint will be processed without undue delay. The supplier shall issue a written document concerning the acceptance of the claimed item, the accuracy of which will be confirmed by the signatures of both of the Contracting Parties
    • refuses the complaint on the spot as being false and returns the claimed item to the customer
    • accepts the claimed item for expert assessment, on the basis of which the complaint will either be accepted as legitimate and will be processed without undue delay through the complaint procedure or it will be rejected. The supplier shall issue a written document concerning the acceptance of the claimed item, the correctness of which will be confirmed by the signatures of both of the Contracting Parties
  9. The supplier can notify the customer about the method of handling complaints (either their recognition as being a legitimate complaint or their rejection as being an unsubstantiated complaint) in a pre-agreed manner (in writing, or by some means of distant communication). However, this does not absolve the customer from his/her obligation to independently enquire about the status of the complaint. If the customer fails to do so then s/he will be obliged to suffer the consequences that will result from his/her inaction in this regard (see the Judgment of the Constitutional Court of the Czech Republic, File No. III.ÚS2983/08).
  10. The buyer acknowledges that during the exercising of his/her rights during the course of the Complaint Proceedings s/he will proceed against the seller in a manner that is consistent both with the letter of the law and with the generally binding standards of behaviour and that s/he will not proceed in any manner that would ultimately mean the vexatious exercising of rights that are contrary to sound morals and to the legitimate interests of both of the Contracting Parties.
  11. The Buyer is entitled to make any reasonable claims in regard to the defectiveness of the relevant goods that are assessed in terms of the severity of the breach of the purchase contract, i.e. whether it is a substantial or a minor breach of the purchase contract in terms of the defectiveness of the relevant item.
  12. For the avoidance of any doubt, considered as a substantial breach of the contract in accordance with § 2002, Paragraph 1 of the Civil Code is: “…a breach of obligation such that the party in breach either knew at its inception, or should have known, that the other party would not conclude a contract, should this breach have been predicted; in other instances, it has been considered that such a breach is not substantial.”
  13. In the event of a substantial breach of the purchase contract being confirmed the buyer shall be entitled to:
    • the removal of the defect by the supplying of a new item that is free of any defect
    • the removal of the defect by repairing the item
    • an appropriate discount on the purchase price
    • withdraw from the contract
  14. In the case of a minor breach of the purchase contract the buyer shall be entitled to:
    • the removal of the defect by the supplying of a new item that is free of any defect
    • the removal of the defect by repairing the item
    • an appropriate discount on the purchase price
    • withdraw from the contract
  15. For the purposes of this Complaints Procedure, considered as a reasonable discount on the purchase price is a discount that corresponds pro rata to the reduction in the utility value of the product due to a defect, also taking into account the nature and the type of goods, the length of the period of use and the wear and tear of the goods claimed for.
  16. In the case of legitimate complaints, the seller will usually proceed primarily in the following manner:
    • In the case of removable defects it will prefer to remove the defect by repairing the claimed item or its relevant components
    • In the case of either a recurrent defect or multiple defects that prevent the buyer from being able to use the item properly, the supplier will preferentially change the claimed item (or the problematical component) for a new one of the same type. Should the customer disagree with this procedure, s/he may request a reasonable discount from the price of the item or otherwise withdraw from the contract.
  17. In the event of withdrawal from the contract the buyer is obliged to hand-over the complete item to the seller, including its accessories and its documentation and, in this case the Contracting Parties will return mutual performance to each other based on the principles regarding unjust enrichment.

Releasing the subject of the complaint

The supplier shall release the claimed item only after the submission of an original certificate of the receipt of the goods, the presentation of the state document with the same name as that on the contract (proving the legitimacy of the person concerned) or on the basis of an evidence that the recipient party is a statutory body of the company or an entity authorised to act on its behalf in connection with the relevant purchase contract concluded.

An unjustified complaint

In the event of an unjustified complaint the supplier shall be entitled to charge the customer an amount corresponding to costs of the complaint procedure (this is applicable in the case of a procedure in accordance with the Commercial Code).

Withdrawal from a contract within 14 days in the case of a distance contract

  1. Pursuant to § 1829 et seq. of the Civil Code, a buyer who is a consumer should be entitled to withdraw from a contract without giving any reason within 14 days of the receipt of the goods, provided that the contract was concluded using a means of distance communication. If the consumer decides to do this, the goods should be sent or otherwise delivered without any unjustified delay and within 14 days from a demonstrable communication to the seller concerning withdrawal from the contract (withdrawal may be communicated via e-mail, mail or in a similar manner in a clear and demonstrably communicative way ensuring the expression of the buyer’s wish to withdraw Within 14 days of the return of the goods or of proving that the goods have been shipped, the seller, returns to the customer the appropriate portion of the amount that it received. The buyer acknowledges that the seller may reduce the amount that it has received by an amount corresponding to the normal use of the goods, however this reduction shall always be appropriate to the period of use and wear rate of the returned goods. Refunding is implemented exclusively via a bank transfer to the account of the buyer. If this method is not possible because of an obstacle on the consumer’s side, the funds will be returned in the same way in which the seller received them. In the event of any additional purchase being made from the NAREX Ždánice, spol. s r.o. Company this amount may be offset immediately against the new invoice from the seller.
  2. The buyer expressly acknowledges that, in accordance with § 1832, Paragraph 2 of the Civil Code, if s/he has chosen a means other than the cheapest delivery method that the seller offers, the seller will return the costs of delivering the goods to the consumer in the amount that corresponds to the cheapest manner of delivery of goods offered and that the cost for the redemption of the item purchased shall be borne by the buyer.
  3. If the buyer exercises his/her right of withdrawal from the contract, which was concluded by using a means of distance communication, within fourteen days from the receipt of the goods, and the goods were handed over to him/her by a transportation or a courier service, s/he should apply this right at the headquarters of the NAREX Ždánice, spol. s r.o. Company, Městečko 250, 69632 Ždánice.

Final provisions

This Complaints Procedure became valid and effective as of the 1st March 2015. The supplier reserves its right to changes to the Complaints Procedure with respect to the current legal regulations.

  1. All contractual relations are concluded in accordance with Czech law. Should the Contracting Party be a consumer, those relationships that are not governed by the Business Terms and Conditions will be governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). Should the Contracting Party not involve a consumer, the relationships that are not governed by the Business Terms and Conditions will be governed by the Civil Code (No. 89/2012 Coll.).