Terms of service
I. General Provisions
These Terms of Service define the general conditions, method of providing electronic services, and rules of sales conducted through the Online Store www.havocoptics.com. The Store is operated by Grzegorz Klaude, conducting business under the name Havoc Design Grzegorz Klaude, registered in the entrepreneurs' register of the Central Register and Information on Economic Activity maintained by the minister competent for economic affairs, with registered office at: 01-842 Warsaw, Al. Władysława Reymonta 4 apt. 19, Tax ID 1182070129, REGON 542126678, hereinafter referred to as "Seller".
Contact with the Seller is made through:
- email address: contact@havocoptics.com
- contact form available on the Online Store website
These Terms of Service are continuously available on the website www.havocoptics.com in a manner enabling their download, reproduction, and recording (e.g., by printing or saving on a medium) at any time.
The Seller informs that the use of electronically provided services may involve risks on the user's side, such as the possibility of introducing malicious software into the Client's ICT system and unauthorized acquisition or modification of data. To minimize risk, the Client should use appropriate technical measures, particularly antivirus programs and a firewall.
The Seller has designated a single point of contact for communication with Clients, authorities of European Union member states, the European Commission, and the Digital Services Council (in accordance with the DSA Regulation). Communication at the contact point takes place at the email address indicated above, in Polish and English.
II. Definitions
In the Terms of Service, the following terms mean:
- calendar days -- days from Monday to Friday, excluding statutory holidays
- Client -- a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality to which special provisions grant legal capacity, placing an Order or using Store services
- Civil Code -- Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended)
- Account -- individual part of the Online Store assigned to the Client, enabling the performance of specific activities
- Consumer -- Client being a consumer within the meaning of Article 22¹ of the Civil Code
- Entrepreneur -- Client being an entrepreneur within the meaning of Article 43¹ of the Civil Code
- Content -- content publicly made available by the Seller, added by Clients through Store functionality
- Terms of Service -- this document
- DSA Regulation -- Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services
- Goods -- product presented in the Online Store, described for each product
- Sales Agreement -- agreement for the sale of Goods concluded between the Seller and the Client
- Services -- services provided electronically by the Seller to Clients, in accordance with the Act of July 18, 2002, on the provision of services by electronic means
- Consumer Rights Act -- Act of May 30, 2014, on consumer rights (Journal of Laws 2014, No. 827)
- Electronic Services Act -- Act of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended)
- Order -- declaration of will by the Client aimed at concluding a Sales Agreement, specifying the type and quantity of Goods
III. Rules for Using the Online Store
Using the Store is possible provided that minimum technical requirements are met:
- computer or mobile device with Internet access
- access to email
- web browser Microsoft Edge (version 42.x or newer), Firefox (48.0 or newer), Chrome (50 or newer), Opera (50 or newer), Safari (10.x or newer)
- enabled Cookies and JavaScript in the browser
Using the Store means any activity by the Client leading to familiarization with its contents.
The Client is obligated to:
- not provide or transmit content prohibited by law (e.g., promoting violence, defamatory, infringing copyrights or personal rights)
- use the Store in a manner that does not disrupt its operation
- not undertake actions such as sending spam
- use the Store in a manner that is not burdensome for other users and the Seller
- use content only for personal use
- comply with applicable law, provisions of the Terms of Service, and rules for using the Internet
The Seller may voluntarily check Content added by Clients for compliance with the above rules. Decisions are made by humans, without using algorithmic decision-making.
Clients may report Content that violates the rules through the contact form at https://havocoptics.com/pages/contact or by email to contact@havocoptics.com. Upon receiving a report, the Seller confirms its acceptance and then makes a decision regarding the reported Content within 14 calendar days (e.g., limiting visibility, removal, suspension, or closing the Account). Information about the decision taken is communicated to the reporter and the person who added the Content.
An appeal from the Seller's decision may be filed within 14 calendar days by email to contact@havocoptics.com. The Seller considers the appeal within 14 calendar days.
IV. Services
The Seller offers free Services available 24/7 through the Online Store:
- Account management service -- available after registration through the registration form. The agreement is concluded for an indefinite period and may be terminated at the Client's request by deleting the Account
- Newsletter service -- enables receiving commercial information electronically. The Client may unsubscribe at any time
- Contact form -- enables contact with the Seller. The agreement to provide this service lasts until the Client sends a message
The Seller may organize contests and promotions, the conditions of which are announced on the Store website. Promotions do not combine unless the promotion terms state otherwise.
In case of violation of the Terms of Service, the Seller may terminate the service agreement with a 14-day notice period, after prior notice to cease violations.
V. Procedure for Concluding Sales Agreement
Information about Goods on the Store website constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.
All Goods are factory new, compliant with the Agreement, and legally introduced to the Polish market.
In case of individual price customization based on automated decision-making, the Client will be informed about this when placing the Order.
A prerequisite for placing an Order is having an active email address.
An Order placed through the form on the Store website is an offer to conclude a Sales Agreement. The agreement is concluded upon the Client's receipt of confirmation of Order acceptance by the Seller at the provided email address.
Orders can be placed on calendar days and during hours indicated on the Store website, providing: name and quantity of Goods, delivery method and payment form, and data necessary for order fulfillment.
A Client who is a consumer receives confirmation of Order conditions and may conclude an Agreement by sending back confirmation of acceptance along with consent to fulfillment and acceptance of the Terms of Service.
The Sales Agreement is concluded in Polish.
VI. Delivery
Delivery of Goods is carried out exclusively within the territory of the Republic of Poland, to the address indicated by the Client.
Delivery forms:
- courier company
- parcel locker
Fulfillment time and delivery charges are provided in the Goods description. The fulfillment deadline is counted in buissnes days.
In case of Goods with different fulfillment times, the longest deadline applies.
The Seller provides proof of purchase.
VII. Prices and Payment Methods
Goods prices are given in Polish zloty and include all components, including VAT and other charges.
Payment methods:
- bank transfer (fulfillment after payment posting)
- cash on delivery
- electronic payment (fulfillment after payment confirmation)
The Seller informs the Client about the payment deadline. In case of non-payment after notice, the Seller may withdraw from the Agreement.
Electronic Payments -- Przelewy24
The Client may make electronic payment through the Przelewy24 service, operated by: PayPro S.A. with registered office in Poznań (60-198), ul. Pastelowa 8, entered in the entrepreneurs' register maintained by the District Court Poznań -- Nowe Miasto i Wilda, VIII Commercial Division of the National Court Register, under KRS number: 0000347935, Tax ID: 7792369887, REGON: 301345068.
Choosing this payment method means transferring data necessary for transaction fulfillment to PayPro S.A. PayPro S.A. is in such case a separate personal data controller of the Payer, acting in accordance with GDPR provisions. Data processing rules are available at: www.przelewy24.pl/polityka-prywatnosci
Payment is considered made upon confirmation by the Przelewy24 system of correct transaction fulfillment.
In case of unauthorized payments or technical problems concerning the Przelewy24 service, the Client should first contact the system operator:
- pomoc@przelewy24.pl
- +48 61 642 93 44
VIII. Right of Withdrawal from Agreement
A Client who is a consumer has the right to withdraw from the Agreement without stating reasons within 14 calendar days from receiving the Goods or concluding the service agreement.
The withdrawal statement may be submitted independently or using the template available on the Store website.
The right of withdrawal does not apply in cases including:
- services fully performed with the consumer's consent
- Goods manufactured to order
- Goods that deteriorate rapidly
- opened packages of hygiene products
- recordings delivered in sealed packaging after opening
- other exceptions indicated in the Consumer Rights Act
Return of Goods takes place to the Seller's address, and refund occurs within 14 calendar days from receiving the withdrawal statement, using the original payment method or another agreed with the consumer.
The Client bears the direct cost of returning Goods, unless the Seller decides otherwise.
IX. Warranty and Statutory Guarantee - Differences and Application
Warranty
Havoc Optics products are covered by a 12-month warranty, provided they were purchased on www.havocoptics.com and have proof of purchase.
The warranty is a voluntary commitment by the Seller and covers repair or replacement of the product in case of manufacturing defect.
The warranty does not cover:
- scratches on lenses resulting from normal use
- mechanical damage caused by dropping or impact
- damage caused by improper use
- scratches, cracks, breaks of lenses and frames resulting from inappropriate use
- damage caused by contact with seawater, chemicals, and abrasive materials
- damage caused by high temperatures (above 50°C)
Statutory Guarantee
Independently of the warranty, the Seller is liable to the Client for non-conformity of Goods with the agreement (statutory guarantee) in accordance with Civil Code and Consumer Rights Act provisions.
The statutory guarantee covers physical and legal defects of Goods existing at the time of risk transfer to the Client.
Differences between warranty and statutory guarantee:
- Warranty is a voluntary commitment by the Seller, statutory guarantee results from legal provisions
- Warranty covers manufacturing defects, statutory guarantee covers all non-conformities with the agreement
- Terms: warranty 12 months, statutory guarantee 24 months (consumers) or 12 months (entrepreneurs)
- Under statutory guarantee, the consumer may demand repair, replacement, price reduction, or withdrawal from the agreement
X. Complaints Regarding Goods
Complaints should be reported to the address: Grzegorz Klaude 01-842 Warsaw, Al. Władysława Reymonta 4 apt. 19 email: contact@havocoptics.com
Proof of purchase and, if possible, the complained Goods should be attached to the complaint.
The Seller considers complaints within 14 calendar days. In case of deficiencies in the report, the Client will be requested to supplement within 7 calendar days.
Costs related to complaints:
- In case of accepting the complaint (manufacturing defect, non-conformity with agreement) -- return costs borne by the Seller
- In case of unjustified complaint -- costs borne by the Client
- In case of defects revealed after 6 months from delivery -- burden of proof rests with the Client
XI. Complaints Regarding Electronic Services
Complaints regarding Store operation and Services may be reported to the address: Grzegorz Klaude 01-842 Warsaw, Al. Władysława Reymonta 4 apt. 19 email: contact@havocoptics.com
Complaints are considered within 14 calendar days. In case of deficiencies, the Client will be asked to supplement within 7 calendar days.
XII. Out-of-Court Dispute Resolution
A Client who is a consumer has the right to:
- turn to the permanent consumer arbitration court at the Trade Inspection
- turn to the provincial inspector of Trade Inspection to initiate mediation
- use the help of a district consumer ombudsman or social organizations (e.g., Consumer Federation -- helpline 800 007 707, Polish Consumer Association -- porady@dlakonsumentow.pl)
- file a complaint on the EU ODR platform: http://ec.europa.eu/consumers/odr/
XIII. Personal Data Protection
Clients' personal data are processed in accordance with applicable regulations and the Privacy Policy available on the Store website.
XIV. Final Provisions
All rights to the Online Store, including copyrights and intellectual property rights, belong to the Seller. Their use is possible only in accordance with the Terms of Service.
Provisions regarding consumers also apply to natural persons concluding agreements unrelated to business activity, provided the agreement is not of a professional nature. In such case, provisions on out-of-court dispute resolution do not apply.
Disputes with consumers are resolved by competent courts in accordance with the Code of Civil Procedure. Disputes with entrepreneurs are resolved by the court competent for the Seller's registered office.
In matters not regulated, provisions of the Civil Code, Electronic Services Act, Consumer Rights Act, and other applicable provisions of Polish law apply.
Changes to the Terms of Service will be published on the Store website, and Clients with Accounts will be additionally informed by email. The effective date of changes is at least 14 calendar days from announcement. Lack of acceptance of changes by the Client results in termination of the Agreement.
HAVOC OPTICS ONLINE STORE REVIEW POLICY
General Provisions
The Policy defines the rules for publishing user reviews on the HAVOC OPTICS store website.
The store enables posting reviews about products and services to provide reliable information for other users.
Conditions for Posting Reviews
- A review may be posted only by a person who made a purchase and can confirm it with an order number or email address
- The review should concern the purchased product, service quality, or order fulfillment
It is prohibited to post reviews:
- violating law, good customs, or third-party rights
- containing offensive, vulgar, aggressive, or discriminatory content
- constituting spam or containing links to other websites
- containing personal data of third parties
- evidently false or misleading
Moderation and Right to Refuse Publication
HAVOC OPTICS reserves the right to moderate reviews before publication and to refuse publication of reviews violating the above rules or applicable law.
The decision to publish or refuse is final and requires no justification.
Appeal Procedure
A user whose review was not published may request clarification at contact@havocoptics.com. The appeal is considered within 14 canlendar days, and the decision is final.
Final Provisions
HAVOC OPTICS reserves the right to change the policy at any time. Changes are effective from the moment of publication on the store website.
The policy is effective from January 1, 2025.
RETURNS AND EXCHANGES
Deadline
You have 14 calendar days to return or exchange goods from the day of receipt.
Conditions
- Product must be new, complete, and unused
- Refund is made in the same payment form as the purchase
Contact Before Return or Exchange
contact@havocoptics.com
Shipping Details
Returns and Complaints Department Havoc Optics Al. Władysława Reymonta 4 apt. 19 01-842 Warsaw, Poland
Important Information
- Return form should be filled out in CAPITAL LETTERS
- Goods should be properly secured for transport
- We do not accept cash on delivery shipments
Refund
- Refund will be made within 7-14 calendar days from receiving the return
- Send the return shipment number to: contact@havocoptics.com
Include in the message:
- Return shipment number
- Order number
- Transfer details (if applicable)
Costs and Liability
- Return shipping cost is borne by the client (except returns due to defective goods)
- Original delivery costs are not refundable
- Client is responsible for diminished value of the product if it was used beyond checking its characteristics and functions
Exchange
We do not conduct direct exchanges.
To exchange:
- Return the product
- Place a new order for the selected model
Questions?
Contact us by email: contact@havocoptics.com