Terms and Conditions of the Online Store

These terms and conditions define the general conditions, rules, and method of making purchases in the online store available at https://legendarycheetah.com/, operated by Tomasz Winnicki, with its registered office at ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland, entered into the Central Registration and Information on Business (CEIDG), NIP: 7642633147, REGON: 521676501.

I. GENERAL PROVISIONS

1. The Seller and owner of the store at https://legendarycheetah.com/ is Tomasz Winnicki, with its registered office at ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland, entered into the Central Registration and Information on Business (CEIDG), NIP: 7642633147, REGON: 521676501.
   • Phone: +48 785 464 964
   • E-mail address: legendary.cheetah.contact@gmail.com
2. These Regulations are addressed to users of the online store at https://legendarycheetah.com/. They are an integral part of the sales contract concluded between the Service Provider and the Customer, and acceptance of the Regulations is voluntary but necessary to conclude a sales contract.
3. The administrator of personal data provided for the purpose of issuing proof of sale and processing orders from the online store https://legendarycheetah.com/ is Tomasz Winnicki, with its registered office at ul. Jagodowa 22/10, 55-080 Krzeptów, Poland, entered into the Central Registration and Information on Business (CEIDG), NIP: 7642633147, REGON: 521676501. This data is used solely for the purpose of processing placed orders and is not transferred to third parties. Providing personal data is voluntary. Every person who has provided their personal data for order processing has the right to access and update their data.
4. Whenever the Regulations refer to the terms below, they should be understood as:

   4.1 Business Day

   A weekday from Monday to Friday, excluding public holidays.

   4.2 Delivery

   The actual act of delivering the ordered product to the store's customer by the seller through a supplier.

   4.3 Supplier

   The entity carrying out the delivery of goods: a courier company.

   4.4 Registration Form

   A form available in the online store at https://legendarycheetah.com/, allowing for the creation of an account.

   4.5 Order Form

   An interactive form available in the online store at https://legendarycheetah.com/, through which an order can be placed, i.e., selecting and adding products to the electronic cart, choosing the delivery method (supplier), payment method, and placing the order by creating an account via the registration form or without account registration.

   4.6 Password

   A sequence of letters, numbers, or other characters chosen by the customer during voluntary registration and account creation in the online store at https://legendarycheetah.com/, used to secure access to the customer's account.

   4.7 Customer

   (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; having full legal capacity. If the Customer is a natural person with limited legal capacity, they undertake to obtain legally effective consent from their legal representative to conclude the Service Provision/Sales Contract and to present such consent at any request of the Seller.

   4.8 Consumer

   A natural person concluding a legal transaction with an entrepreneur that is not directly related to their business or professional activity (purchasing goods for personal use).

   4.9 Entrepreneur with Consumer Rights

   A natural person conducting a business activity, concluding a sales contract with the Service Provider that is directly related to their business activity, when the content of this contract indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business. All regulations concerning orders placed by customers qualifying for this group are in Chapter XI of these Regulations.

   4.10 Civil Code

   The Civil Code Act of April 23, 1964, as amended.

   4.11 Account

   An individual panel created for the customer, identified by an individual name (login) and password provided by the customer during registration, in which the data provided by the customer and information about their orders in the online store are collected.

   4.12 Login

   An individual identifier for the Customer, which is the Customer's valid e-mail address. It is required along with the password to create and log into the customer account in the online store.

   4.13 Product

   A good, a movable item or service available in the online store, being the subject of the sales contract between the customer and the seller.

   4.14 Regulations

   These terms and conditions of the online store.

   4.15 Registration

   An actual action performed in the manner specified in the regulations, required for the customer to use all functionalities of the online store. Registration is not required to place an order in the online store.

   4.16 Online Store

   The seller's online store, operating under the domain https://legendarycheetah.com/.

   4.17 Seller

   The seller and owner of the store https://legendarycheetah.com/ is Tomasz Winnicki, with its registered office at ul. Jagodowa 22/10, 55-080 Krzeptów, Poland, entered into the Central Registration and Information on Business (CEIDG), NIP: 7642633147, REGON: 521676501.

   4.18 Sales Contract

   A distance sales contract for a product concluded or to be concluded between the customer and the seller via the online store, on the terms specified in the online store's regulations.

   4.19 Act on Consumer Rights

   The Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827, as amended).

   4.20 Order

   A declaration of will by the customer, submitted using the online store's order form, for the purpose of concluding a sales contract for a good with the seller.

5. Tomasz Winnicki, with its registered office at ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland, holds all rights to the online store, including proprietary copyrights, intellectual property rights to its name, its internet domain, and the store's website. The name and logo are legally protected assets, and any use of them without prior written consent is prohibited.

   5.1 Photos and descriptions in the offers (except for photos presented in the online store for the purpose of presenting goods, for which the copyrights belong to third parties) belong to the seller, and their use or copying may only occur with the seller's consent.

   5.2 The store sells collector's items, particularly used football shirts. These products may show signs of prior use. Their condition is described in each offer and accepted by the Customer at the time of concluding the contract.

   5.3 Product prices in the online store are quoted in Euros (EUR). Prices in EUR are converted based on the average NBP exchange rate on the day the order is placed or based on the exchange rate adopted by the payment operator. For international shipments outside of Poland, the store reserves the right to apply a 0% VAT rate, in accordance with the regulations on intra-Community supply of goods or export of goods outside the EU – provided the customer meets the formal requirements for such a delivery. Prices do not include shipping costs. The customer is informed about the delivery costs on the online store's pages during the ordering process.

   5.4 The Regulations are available in Polish and English. In case of discrepancies between the language versions, the Polish version shall be binding.

II. REGISTRATION

1. Creating an account and registration are not necessary to place orders in the online store.
2. To create an account, the customer is obliged to complete a voluntary and free registration.
3. Registration consists of the customer filling out the registration form (my account information) provided by the seller on the online store's website, setting an individual password, and confirming and saving the data by submitting the completed registration form electronically to the seller. Registration is confirmed by selecting and clicking the appropriate function in the registration form.
4. After reading the regulations, the customer accepts their content by checking the appropriate option in the registration form.
5. During registration, the customer agrees to the processing of their personal data and communication via e-mail solely for purposes related to order fulfillment.
6. After confirming and submitting the completed registration form, a registration confirmation in the online store is sent to the customer's e-mail address provided in the registration form. From that moment, the customer can access the customer account, view order history, add reviews about the online store's products, and make changes to the data provided during registration, except for the login.
7. The seller never asks the customer to provide their password.
8. By registering and placing an Order, the Customer declares that:
   • they have read the Regulations and accept their content;
   • the data provided by them in the registration form is true;
   • they consent to the processing of the provided data for purposes related to the execution of the sales contract;
   • they consent to receiving system-generated information and information from the Service Provider regarding the fulfillment of the Order at the specified e-mail address.

III. ORDERING

1. An active e-mail account is required to place an order in the online store.
2. The information contained in the online store does not constitute an offer from the seller within the meaning of the Civil Code.
3. The conclusion of a sales contract between the customer and the seller occurs after the customer has previously placed an order using the order form in the online store.
4. The customer receives a sales document in the form of a receipt or a VAT invoice if, when placing the Order, they requested a VAT invoice and provided the necessary data for this purpose.
5. Orders can be placed electronically via the order form in the online store 24 hours a day, 7 days a week:

   5.1 When placing an order via the online store, the customer selects the products and their quantity for the cart. After completing the order, the customer chooses the delivery method and confirms it with the "proceed to checkout" command. The customer will be issued a sales document. Then, the customer chooses the delivery address and payment method for the selected goods and has the option to add comments and information to the order being placed. The order form is sent by the customer selecting the "confirm order" button. The customer is always informed of the total price for the goods, delivery, and other additional costs they are obliged to incur in connection with the sales contract.

   5.2 Individual goods may require additional information, e.g., color or size. In such situations, please provide the individual details in the comments to the order.

   5.3 Placing an order constitutes an offer by the customer to the seller to conclude a sales contract for the goods that are the subject of the order. The seller undertakes to transfer ownership of the item to the buyer and to hand over the item, and the buyer undertakes to collect the item and pay the seller the agreed price for it.

   5.4 After placing the order, the customer receives an order confirmation from the online store to the provided e-mail address. At the same time, the seller accepts the order for processing. The sales contract between the customer and the seller is concluded upon the customer receiving an e-mail about the receipt and processing of the order.

IV. PAYMENTS

1. The Seller provides the Customer with the following payment methods for goods ordered in the online store:
   • a. Cash on delivery upon receipt of the shipment.
   • b. Bank transfer to the Seller's account:
     • in USD: PL77 1020 3844 0000 1602 0207 6099 – PKO Bank Polski
     • in PLN: 56 1020 3844 0000 1602 0115 5365 – PKO Bank Polski
   • c. Electronic (online) payment: Przelewy24, BLIK, PayPal.
   • d. Debit or credit card payment.
2. If payment by bank transfer or electronic payment is chosen, the Customer is obliged to make the payment within 3 business days from the date of concluding the sales contract.
3. If cash on delivery is chosen, the Customer is obliged to make the payment upon receipt of the shipment.
4. In case of the Customer's failure to make the payment on time, the Seller will set an additional deadline for payment and inform the Customer via e-mail. After this deadline, the Seller will withdraw from the sales contract and remove the order from the online store, sending the Customer relevant information by e-mail.

V. DELIVERY

1. Product delivery is available within the territory of the Republic of Poland and to selected countries within and outside the European Union. A list of countries and delivery costs is available on the store's website when placing an order.
2. The Seller undertakes to deliver the goods free of defects.
3. Product delivery to the Customer is paid, unless the sales contract states otherwise. The cost of product delivery is indicated to the Customer each time on the store's website when placing an order.
4. Each item available in stock is shipped within 3 business days from the date of choosing cash on delivery or payment confirmation (for bank transfer, electronic payments). If a product is out of stock, the lead time is extended. An exception is made for offers where information about "on-demand" products is provided - the customer receives information about the order fulfillment time individually by phone or e-mail from the seller.
5. The Seller provides the Customer with the following delivery methods for products ordered in the online store:
   • By courier to the specified address.
6. The delivery cost depends on the product's weight and value (if courier delivery and cash on delivery are chosen). The cost is visible each time after adding the product to the online cart.
7. The ordered product is delivered to the customer at the address indicated by them.
8. After sending the ordered product to the Customer, the Seller immediately informs the Customer of this fact via the e-mail address provided during the ordering process.
9. The Seller properly and carefully secures the shipment for transport. However, if the shipment proves to be incomplete, defective, or damaged, the customer should immediately notify the Seller. If the shipment arrives in a condition indicating a loss or damage during transport, the Customer has the right to demand that the supplier's employee draw up a proper report.
10. All shipments sent by the online store are insured. In case of loss or disappearance, the Seller assumes full responsibility. The Customer will then receive a full-value product or a refund.
11. If the Customer fails to collect the shipment and it is returned to the Seller, the Seller will contact the Customer by phone or online to arrange a new delivery date and costs for the ordered products.

VI. STATUTORY WARRANTY AND COMPLAINTS

1. In the event of a defect, the Consumer and the Entrepreneur with Consumer Rights may file a complaint with the Seller under the statutory warranty and demand one of four actions: replacement of the goods with new ones; repair of the goods; price reduction; or withdrawal from the contract – provided the defect is material. The choice of demand depends on the consumer. If the Seller does not agree with this choice, they may propose another solution, taking into account the following circumstances:
   • ease and speed of replacement or repair of the goods
   • the nature of the defect – material or non-material
   • whether the goods have been previously complained about
2. To exercise the statutory warranty for a defective product, the consumer may:

   a) submit a statement of price reduction or withdrawal from the sales contract, unless the seller immediately and without undue inconvenience to the customer replaces the defective product with a defect-free one or removes the defect. Replacement of the product or removal of the defect by the seller does not apply if the product (the subject of the warranty) has already been replaced or repaired by the seller, or if the seller has not fulfilled the obligation to replace the goods with a defect-free one or remove the defects. The customer may, instead of the defect removal proposed by the seller, demand replacement of the goods with a defect-free one or, instead of replacing the goods, demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the customer is impossible or would require excessive costs compared to the method proposed by the seller. When assessing the excessiveness of the costs, the value of the defect-free product, the type and significance of the defect found, and the inconvenience to which another method of satisfaction would expose the customer are taken into account. A demand for a price reduction should be accompanied by a specification of the amount by which the price is to be reduced (taking into account the value of the defective goods and the full-value goods).

   b) demand the replacement of the defective product with a defect-free one or the removal of the defect. The Seller is obliged to replace the defective product with a defect-free one or remove the defect within a reasonable time, without undue inconvenience to the customer. The Seller may refuse to satisfy the customer's request if bringing the defective product into conformity with the sales contract in the manner chosen by the customer is impossible or, compared to the other possible request, would require excessive costs, e.g., demanding the replacement of the entire device with a new one if the damage concerns one element of low value. The costs of repair or replacement are borne by the Seller. The Seller is liable under the statutory warranty if a physical defect is found within two years of the product being delivered to the customer. The request to remove a defect or replace the product with a defect-free one expires one year from the moment the defect is found, but this period cannot end before the period specified above. Within this period, the customer may withdraw from the sales contract or submit a statement of price reduction due to a product defect. If the customer requested replacement of the product with a defect-free one or removal of the defect, the deadline to withdraw from the sales contract or submit a statement of price reduction begins upon the ineffective expiry of the deadline for replacing the goods or removing the defect.

3. The buyer may submit complaints to the seller (including notification of the product's non-conformity with the sales contract or a request for a method to bring the product into conformity with the sales contract, or a statement of price reduction or withdrawal from the sales contract) in writing in the following ways:
   • a) in writing to the Seller's registered office address: Tomasz Winnicki, ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland
   • b) in electronic form to the address: legendary.cheetah.contact@gmail.com

   3.1 A correctly submitted complaint, enabling a quick response from the seller, should contain:

   • name, surname, address, e-mail address, and a way to contact the seller (e.g., phone)
   • information and circumstances regarding the subject of the complaint: the type and time of the non-conformity (defect) along with the buyer's request
   • the date of the contract conclusion, possibly proof of purchase
   These requirements are only a recommendation to resolve the complaint as quickly and effectively as possible. They do not affect the effectiveness or validity of the complaint.

    

   3.2 If the information provided by the customer regarding the complaint requires supplementation, the seller will contact the person submitting the complaint with a request to supplement the data and provide clarification.

   3.3 The Seller will respond to the customer's complaint within 14 calendar days from the date of its receipt. Lack of a response from the seller within this period means that the complaint is automatically considered justified.

   3.4 If, for the seller to respond to the customer's complaint or for the customer to exercise their rights under the statutory warranty, it is necessary to deliver the product to the seller, the customer will be asked (in writing) to deliver the product at the seller's expense (to their address).

4. The Customer acknowledges that items offered in the store may be used and may have characteristics resulting from their previous use. Defects disclosed and described in the offer are not subject to complaint.

VII. GUARANTEE

1. Products sold in the online store may be covered by a guarantee provided by the manufacturer or distributor. The guarantee does not limit other consumer rights.
2. Information about whether a product is covered by a guarantee is provided in the product description in the online store.
3. To enforce rights under the guarantee, follow the information contained in the guarantee card.

VIII. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT

In accordance with the ACT of May 30, 2014, on consumer rights: A consumer and an entrepreneur with consumer rights who has concluded a distance contract may, within 14 calendar days from the date of taking possession of the purchased product, withdraw from it without giving a reason and without incurring costs, except for the cost of returning the product. The deadline for withdrawing from the sales contract expires after 14 calendar days from the day the consumer or a third party indicated by them takes possession of the item.

1. The Seller, Tomasz Winnicki, with its registered office at ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland, must be informed by the consumer of the decision to withdraw from the sales contract in an unequivocal manner.
2. The statement of withdrawal from the contract may be submitted to the seller, for example:
   • a) in writing to the Seller's registered office address: Tomasz Winnicki, ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland
   • b) in electronic form to the address: toomwinn7@gmail.com
   To meet the deadline, it is sufficient to send the statement before its expiry.
3. Upon receipt of the statement/information about withdrawal from the contract, the Seller will immediately confirm this fact to the consumer on a durable medium, via e-mail.
4. In case of withdrawal from a distance contract, the contract is considered not concluded.
5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, except for the costs of product delivery. The Seller will refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for them.
6. The Seller does not bear the cost of returning the product for which the contract has been withdrawn. All direct costs of such a return are borne by the consumer.
7. The consumer is obliged to return the goods to the seller immediately, but no later than within 14 calendar days from the date of withdrawal from the sales contract. To meet the deadline, it is sufficient to send the product back before its expiry. Returns should be made by the consumer to the address: Tomasz Winnicki, ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland.
8. The Seller may withhold the refund of payments received from the consumer until the product is received back or the consumer provides proof of its return, whichever event occurs first.
9. The consumer is liable to the seller for any decrease in the value of the item resulting from using it in an inappropriate way. They have the right to examine the nature, characteristics, and functioning of the goods in the same way they could in a physical store. However, they cannot use the item without limitation. If they do, the entrepreneur has the right to charge them additional costs for the decrease in the value of the goods.
10. According to Art. 38 of the Act on Consumer Rights, the right to withdraw from a contract concluded off-premises or at a distance does not apply to contracts:
    1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the provision began that after the entrepreneur has completed the provision, they will lose the right to withdraw from the contract;
    2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawing from the contract;
    3. in which the subject of the provision is a non-prefabricated item, produced according to the consumer's specifications or serving to satisfy their individualized needs;
    4. in which the subject of the provision is an item that deteriorates quickly or has a short shelf life;
    5. in which the subject of the provision is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    6. in which the subject of the provision are items that, after delivery, due to their nature, are inseparably connected with other items;
    7. in which the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days, and the value of which depends on market fluctuations over which the entrepreneur has no control;
    8. in which the consumer has expressly requested that the entrepreneur come to them to perform urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or delivers items other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the additional services or items;
    9. in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    10. for the supply of newspapers, periodicals, or magazines, except for a subscription contract;
    11. concluded by public auction;
    12. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies a day or period of service provision;
    13. for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdrawing from the contract and after being informed by the entrepreneur of the loss of the right to withdraw from the contract.
11. In the case of used products that may decrease in value as a result of being worn or used after delivery, the customer is responsible for the decrease in the product's value. The Seller reserves the right to proportionally reduce the refund amount if a deterioration in the condition of the returned goods is found.
12. Due to the unique and individual nature of the products offered (e.g., collector's items, used football shirts), the store does not offer an exchange of goods for another item. Any exchange may only occur after individual agreement with the Seller.

IX. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

1. Detailed information regarding the possibility for a consumer-customer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and on the websites of the Office of Competition and Consumer Protection www.uokik.gov.pl.
2. A consumer-customer has the option of using out-of-court complaint and redress procedures, such as those listed on the website of the Office of Competition and Consumer Protection: http://uokik.gov.pl/spory_konsumenckie.php.

X. ENTREPRENEURS

1. This section of the regulations applies exclusively to customers who are not consumers.
2. In the case of a customer who is not a consumer, the Seller has the right to demand prepayment of all or part of the payment.
3. The Seller is not liable for delays in delivery resulting from the fault of the chosen carrier (supplier).
4. A customer who is not a consumer is obliged to check the shipment upon receipt for content and for any damage during transport. In the event of a shortage or damage, the customer is obliged to inform the seller and, if necessary, draw up a damage report with the carrier (supplier).
5. In accordance with Art. 558 § 1 of the Civil Code, the seller's liability under the statutory warranty for the product towards a customer who is not a consumer is excluded.
6. Any disputes arising between the seller and a customer who is not a consumer shall be subject to the court competent for the Seller's registered office.

XI. ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur with consumer rights, i.e., a natural person conducting a business activity, is covered by consumer protection in three areas:
   • extended rights under the statutory warranty for product defects - in this case, the mechanisms described in Chapter VI. STATUTORY WARRANTY AND COMPLAINTS apply.
   • the right to withdraw from a distance contract within 14 days without giving a reason. Products listed in Chapter VIII. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT – details are in point 10, covering subpoints a) to m) – are still not subject to return.
   • they are not covered by so-called abusive clauses concerning entrepreneurs.
2. For a natural person conducting a business activity to be covered by consumer protection, one condition must be met — the contract that the entrepreneur will conclude with the seller cannot have a professional character, meaning it cannot directly relate to the industry in which the entrepreneur specializes.

XII. FINAL PROVISIONS

1. The content of the online store's offer and contracts concluded through it are prepared in the English language.
2. Tomasz Winnicki, with its registered office at ul. Jagodowa, 22/10, 55-080 Krzeptów, Poland, ensures that all data obtained from customers is used only for the purpose of fulfilling the sales contract concluded via the online store. All information on privacy and security is contained in the "Privacy Policy" tab on the online store's website.
3. The Seller reserves the right to make changes to the regulations for important reasons such as: changes in applicable legal provisions, changes in delivery and payment methods. Subject to the reservation that these changes will not violate the rights already acquired before the date the changes to the regulations come into force by customers who are consumers. Changes to the regulations will not affect orders already placed and sales contracts being fulfilled.
4. Every customer has the right to negotiate prices and purchase conditions for selected products before placing an order.
5. The Seller makes all regulations posted in the online store available for saving on a durable medium. At the same time, it does not consent to the copying of these regulations for commercial purposes.
6. The Seller complies with the provisions of the Civil Code and other laws applicable to sales in the online store.
7. In matters not regulated by these regulations, generally applicable provisions shall apply, in particular:
   • The Civil Code,
   • The Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended)
   • The Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827, as amended).
8. In the case of contracts concluded with foreign customers, Polish law applies. In the case of customers who are consumers, the jurisdiction of the court is determined in accordance with the laws of the consumer's country of residence and the applicable regulations of the European Union.
9. The Seller processes customers' personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). Details regarding data processing can be found in the Privacy Policy available on the store's website.