§ 1General provisions and definitions

1. The “ENIGMA Jubiler Online” online store, available at sklep.enigmaonline.pl, is operated by ENIGMA Przemysław Jurek, ul. Częstochowska 2, 58-100 Świdnica, entered in the Central Register and Information on Economic Activity (CEIDG), Tax Identification Number (NIP): 884-265-6840, Business Registry Number (REGON): 021025110, hereinafter referred to as the “Seller”.
2. These Terms and Conditions set out the rules for using the Store, placing orders, entering into and performing contracts, using the ENIGMA FORGE Design Studio, payments, delivery, withdrawal from contracts, voluntary returns and exchanges, resizing, complaints, warranties and the provision of electronic services.
3. These Terms and Conditions apply to consumers, entrepreneurs with consumer rights and other business customers. Acceptance of these Terms and Conditions is required no later than when placing an order.
4. An order is subject to the version of these Terms and Conditions in force when it is placed. Amendments to these Terms and Conditions do not affect rights acquired under contracts concluded previously.
5. The following definitions apply in these Terms and Conditions:
   1. Store — the online store operated by the Seller at the address specified in paragraph 1;
   2. Customer — a natural person, legal person or organisational entity using the Store or entering into a contract with the Seller;
   3. Consumer — a natural person entering into a contract not directly related to their business or professional activity;
   4. Entrepreneur with consumer rights — a natural person entering into a contract directly related to their business activity, where the contract is not of a professional nature for that person, as determined in particular by the scope of their business activity disclosed in the CEIDG;
   5. Protected Customer — a Consumer or an Entrepreneur with consumer rights;
   6. Product — jewellery or other goods offered by the Seller;
   7. Stock Product — a Product available in the standard range, not made to the Customer’s individual specifications and not personalised;
   8. Personalised Product — a Stock Product to which engraving, initials, a date, text, a coat of arms, a monogram or another individual marking has been added at the Customer’s request;
   9. Bespoke Product — a non-prefabricated Product made after an order is placed, to the Customer’s specifications or to meet their individual needs;
   10. Design Studio or ENIGMA FORGE — an online tool for creating conceptual jewellery visualisations with the help of artificial intelligence;
   11. Generation — a single invocation of the AI tool that creates a new visualisation or modifies an existing one;
   12. Production Model — the version of a design developed by the workshop for manufacture and submitted to the Customer for approval.

§ 2Contact, Accounts and electronic services

1. Seller’s contact details:
   1. address: ENIGMA Jubiler, ul. Częstochowska 2, 58-100 Świdnica;
   2. email: sklep@enigmaonline.pl;
   3. telephone: +48 74 660 44 27;
   4. telephone contact: Monday to Friday, 10:00–18:00, excluding statutory public holidays.
2. The address specified in paragraph 1(a) is also the address for returns, exchanges, resizing, complaints and items sent for servicing, unless the Seller provides the Customer with different instructions.
3. Creating an Account in the Store is voluntary and free of charge. Where the Store’s functionality permits, orders may be placed without an Account.
4. The Customer may request deletion of their Account at any time by emailing the Seller. Deleting an Account does not affect rights and obligations arising from contracts concluded previously.
5. Using the Store requires a device with Internet access, an up-to-date web browser, an active email address, and support for JavaScript and cookies to the extent necessary for the Store to operate.
6. The Customer must use the Store in accordance with the law, accepted standards of conduct and third-party rights. Providing unlawful content or malicious software, or taking action that disrupts the Store’s operation, is prohibited.
7. Complaints concerning the operation of the Account, forms and other electronic services may be sent to sklep@enigmaonline.pl. The Seller will respond without undue delay, no later than within 14 days.
8. The Seller may temporarily restrict access to certain features due to technical work, security reasons or failures, while making efforts to keep interruptions as short as possible.

§ 3Products, prices and placing orders

1. Prices displayed in the Store are quoted in Polish zloty and are gross prices, inclusive of VAT, unless the Product description or individual arrangements expressly state otherwise.
2. The final amount payable includes the Product price, the cost of the selected delivery method, and any costs of personalisation, design, stones, enamel, clasps or other additional elements accepted by the Customer.
3. Product information, including photographs, visualisations, dimensions, weight and lead times, is prepared with due care. Handcrafted and bespoke items may exhibit slight differences resulting from manufacturing processes, hand finishing and the properties of the materials.
4. Information presented in the Store constitutes an invitation to enter into a contract, unless the offer expressly states otherwise.
5. An order is placed by selecting a Product and its available variants, adding it to the Basket, providing the information required to fulfil the order, selecting delivery and payment methods, accepting these Terms and Conditions, and using the button confirming the order.
6. Before placing an order, the Customer may check and correct the information entered. Placing an order constitutes an offer to enter into a contract with the Seller.
7. The contract is concluded when the Customer receives an email confirming acceptance of the order for fulfilment. If an order requires clarification, the Seller will contact the Customer before accepting it.
8. For Personalised Products and Bespoke Products, the Seller may request confirmation of the configuration, personalisation text, Production Model, lead time, price or other details.
9. An obvious clerical, technical or calculation error is not binding on the parties. The Seller will promptly inform the Customer of the error and offer fulfilment on the correct terms or cancellation of the order with a refund.

§ 4Delivery and payments

1. Available delivery methods, times and costs are shown in the Store before an order is placed. Depending on the Product and address, these may include courier delivery, parcel locker delivery or collection in person.
2. Collection in person from the workshop at ul. Częstochowska 2 in Świdnica is free of charge, unless the parties agree otherwise.
3. The Seller delivers within Poland and to selected foreign countries. Delivery outside the standard delivery area may require an individual quote or agreement on a carrier.
4. For delivery outside the European Union, the Customer bears customs duties, import taxes, customs clearance costs and other charges levied in the destination country, unless the parties expressly agree otherwise.
5. The Customer may use the payment methods available when placing an order, in particular electronic payment, bank transfer, PayPal, cash on delivery or payment on collection in person — where the relevant method is available.
6. For advance payments, failure to pay within the time specified in the Store or in a message from the Seller may result in cancellation of the order after the Customer has first been reminded or notified.
7. The lead time begins when the contract is concluded or, for advance payments, when payment is credited or confirmed, unless the Product description or individual arrangements specify a different starting point.
8. If an order contains Products with different lead times, the shipment may be dispatched once the entire order is complete, according to the longest lead time, unless the parties agree to partial delivery.

§ 5ENIGMA FORGE Design Studio and Generation Packs

1. ENIGMA FORGE enables the creation of conceptual jewellery visualisations with the help of artificial intelligence. The Seller may provide a free allowance of trial Generations in the quantity currently indicated in the Design Studio.
2. A visualisation is neither a photograph of a finished Product nor technical documentation. The Production Model approved by the Customer is the basis for manufacture and for assessing the conformity of the finished item.
3. The price displayed in the Design Studio covers only the options included in the configurator. The Customer’s own design, extensive refinement or an element outside the price list may require an individual quote before an order is placed.
4. Jewellery is manufactured on the basis of a visualisation only after an order has been placed, the price agreed and the Production Model approved. Such a Product is a Bespoke Product.
5. The Production Model is developed as a faithful reproduction of the design created by the Customer in the Design Studio. The manufacturing price includes correction by the Seller of obvious Generation defects, in particular incorrect lettering or minor distortion of a reproduced symbol. Further revisions that do not change the item’s overall form or composition are charged at PLN 500 per round; one round includes one consolidated list of comments and one updated version of the Production Model. A change to the item’s appearance, shape or construction constitutes a separate design service, provided in accordance with the Seller’s price list.
6. The Design Studio may apply technical security limits, including daily and monthly limits and limits per device or network address. A Generation that ends with an identified technical error is credited back to the balance.
7. Automating use of the Design Studio, circumventing limits or security measures, and entering content that is unlawful, offensive or infringes third-party rights are prohibited. The Seller may refuse to generate or manufacture such a design.
8. By uploading a photograph, coat of arms, logo, symbol or other reference material, the Customer declares that they are entitled to use it to design and manufacture the Product and that doing so does not infringe third-party rights. The Customer grants the Seller a royalty-free, non-exclusive licence to use the material as part of the generated visualisations within the scope of use of visualisations described in this section.
9. The Customer may save and use generated visualisations for personal purposes, to discuss an order and to commission manufacture of the Product by Enigma. The Seller may use visualisations that have not resulted in a Product order without restriction, in particular by displaying them in its portfolio and promotional materials and using them as a basis for its own designs and products. The Seller may display a design covered by an order in its portfolio and promotional materials, unless the Customer expressly requests that the design be kept confidential — the Seller will honour such a request.
10. The Seller makes efforts to ensure that the Design Studio operates correctly; however, temporary unavailability may result from technical work or the operation of external technology providers.
11. A Generation Pack is a paid digital service. Pack types, prices and the number of Generations are set out in the current offer. Once payment has been credited, the Customer receives a Pack Code by email, valid for 12 months from purchase.
12. Initial activation assigns the balance to the relevant browser. Reusing the Code on another device or in another browser may transfer the unused balance. The Code must be retained and protected, as anyone who has it may gain access to the balance.
13. When ordering a Product designed in the Design Studio, the value of one used Pack — up to PLN 50 — is credited towards the price of that Order as a discount. The value of one Pack is credited regardless of the number of Packs purchased by the Customer, and the discount for a given Pack may be applied only once, to one Order.
14. A Protected Customer may withdraw from a Pack contract within 14 days of its conclusion. Provision of the service before the end of that period begins only at their express request. If the Customer withdraws after the service has begun, they may be required to pay for the services provided up to the time of withdrawal, to the extent provided for by law. Following full performance of the service, the right of withdrawal expires only if the statutory conditions have been met, including the Customer’s prior express consent and confirmation that they acknowledge the loss of that right.
15. Complaints concerning Packs and the operation of the Design Studio must be submitted in accordance with § 9. Data processing rules are described in the Privacy Policy.

§ 6Bespoke Products

1. Bespoke Products include, in particular, items in the Miami Cuban Au585 range, items in the “Bespoke jewellery” category, Products designed in ENIGMA FORGE and other items expressly marked or agreed as being made to the Customer’s specifications.
2. Individual features may include, among other things, the design, size, length, width, weight, clasp type, engraving, monogram, coat of arms, stones, enamel, colours and finish.
3. The price displayed when an order is placed is a gross price, unless the Product requires an individual quote. Any surcharge or price change requires the Customer to be informed and to give their approval before additional work begins.
4. The weight indicated on the project card or in the design is a design weight. The permitted manufacturing tolerance is ±5% and does not affect the agreed price.
5. If the actual weight would fall outside the ±5% tolerance, the Seller will contact the Customer to agree a surcharge, partial refund, adjustment to the Product or another solution.
6. Where the price depends on the precious metal, the Seller’s internal precious metal rate on the date the contract is concluded applies to the order, unless the parties expressly agree otherwise. The Seller retains the price calculation for items covered by the voluntary precious metal value refund policy.
7. Fulfilment begins once the agreed conditions have been met, in particular payment, payment of an agreed advance, delivery of materials and approval of the design or Production Model.
8. Changes to the approved design, parameters or Production Model may affect the price and lead time. Before starting additional work, the Seller will submit the new terms for approval.
9. Minor traces of hand finishing and differences resulting from manufacturing processes that do not change the agreed character, function or Production Model do not constitute a defect in a handcrafted Product.

§ 7Withdrawal from the contract and returns

1. Subject to the statutory exclusions specified in paragraph 8, a Protected Customer may withdraw without giving a reason from a distance contract concerning a Product within 14 days of taking possession of the Product, either personally or through a designated third party other than the carrier.
2. If one contract covers multiple Products delivered separately, in batches or in parts, the period begins upon receipt of the last Product, batch or part.
3. To meet the deadline, it is sufficient to send an unequivocal statement before the period expires, by email to sklep@enigmaonline.pl, by post to the Seller’s address or using a form available in the Store. A model form is provided in the Annex, but its use is not mandatory.
4. After withdrawal, the Customer must return the Product without delay, no later than within 14 days. The Customer bears the direct cost of returning the Product, unless the Seller expressly agrees to cover it.
5. The Seller refunds the Product price and the cost of the least expensive standard delivery method offered when the order was placed. Any additional cost resulting from the selection of a more expensive delivery method is not refunded.
6. Payment is refunded using the same method used by the Customer, unless the Customer agrees to another method that involves no additional cost. The Seller issues the refund no later than within 14 days of receiving the withdrawal statement, but may withhold payment until the Product or evidence of its return has been received, whichever occurs first.
7. The Customer is liable for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics and functioning. The absence of the original packaging does not remove the statutory right of withdrawal; however, the Product must be adequately protected.
8. The right of withdrawal does not apply in the cases specified in Article 38 of the Polish Consumer Rights Act, in particular to a non-prefabricated Product made to the Customer’s specifications or to meet their individual needs. This includes, among other things, Bespoke Products, Miami Cuban Au585 products, ENIGMA FORGE designs and Personalised Products once personalisation has been completed.

Voluntary returns of Personalised Products

1. The Seller grants a Protected Customer the option to request, within 14 days, the return of a Stock Product that has been personalised, provided it is complete, unused and shows no signs of use.
2. If such a return is accepted, the Seller refunds the Product price less the personalisation cost expressly specified before purchase. The original delivery and return shipping costs are not refunded under this voluntary policy.
3. These provisions do not restrict the Customer’s statutory rights where such rights apply in a particular case despite personalisation.

Voluntary refund of precious metal value

1. For Miami Cuban Au585 products and Products in the “Bespoke jewellery” category, the Seller grants a Protected Customer the option of a refund of the precious metal value, despite the absence of a statutory right of withdrawal. The Customer must notify the Seller by email within 14 days of delivery and before returning the Product.
2. The Product must be returned to the Seller’s address using tracked shipping insured for its full value. The Customer bears the cost and risk of transport until delivery. For returns from outside the EU, the Customer also bears customs duties, taxes and customs clearance costs.
3. The Product must show no signs of use beyond ordinary trying on, damage, alterations or third-party intervention. Intact hallmarks, the documents supplied and the original packaging are required — these are conditions of a voluntary benefit, not of statutory withdrawal.
4. The refund covers only the value of the gold or silver, calculated using the design weight and the precious metal rate applied by the Seller on the date the contract was concluded. It does not cover labour, design, personalisation, engraving, coats of arms, monograms, enamel, stones, stone setting or delivery costs.
5. The Seller inspects the Product within 5 working days of delivery and, following a satisfactory inspection, refunds the amount due by bank transfer within 5 working days.

§ 8Voluntary exchanges and resizing

Exchanges of Stock Products

1. The Seller offers voluntary exchanges of non-personalised Stock Products within 14 days of delivery.
2. The Product must be complete, show no signs of use beyond ordinary trying on, and be in a condition that allows it to be resold as new, together with the packaging and documents supplied.
3. The Customer bears the cost of sending the Product to the Seller and of shipping the replacement Product. If a more expensive Product is selected, the Customer pays the difference; if a less expensive Product is selected, the difference is refunded.
4. Voluntary exchanges do not cover Bespoke Products, Miami Cuban Au585 products, Products designed in ENIGMA FORGE or Products once personalisation has been completed.

Resizing a signet ring or ring

1. Independently of the exchange policy, the Seller offers one resizing of each signet ring or ring purchased from Enigma, including Personalised Products and Bespoke Products, provided that its construction and manufacturing technology allow the service to be performed safely.
2. A resizing request must be sent to sklep@enigmaonline.pl within 14 days of delivery and before the Product is returned.
3. One resizing by no more than three Polish ring sizes up or down from the size specified in the order is free of charge. This covers the jewellery service but does not include shipping costs.
4. If the requested change exceeds three sizes, the service costs:
   1. PLN 120 gross — for 925 sterling silver and 585 gold;
   2. PLN 300 gross — for 925 sterling silver with a Vermeil / premium gold-plated finish;
   3. for other alloys, coatings, stones or constructions — according to an individual quote provided before work begins.
5. If resizing is required because the Customer selected the wrong size, the Customer bears the cost of shipping to the Seller and return delivery. If the delivered size differs from the ordered size for reasons attributable to the Seller, the request is treated as a complaint and the Seller bears the resizing and transport costs.
6. If resizing is impossible or could damage the construction, stones, enamel, engraving, coating or other elements, the Seller may propose remaking the Product or another solution. The scope, lead time and any cost require the Customer’s approval.

§ 9Complaints and lack of conformity of the Product with the contract

1. The Seller is liable to a Protected Customer for any lack of conformity of the Product with the contract under the rules set out in the Polish Consumer Rights Act.
2. This liability covers any lack of conformity existing at the time of delivery and becoming apparent within two years of that time, unless the law provides for a longer period.
3. A complaint may be submitted by email to sklep@enigmaonline.pl or in writing to the Seller’s address. It is recommended that the Customer provide information allowing the purchase to be identified, a description of the problem, the remedy requested and, where possible, photographs. An order number is helpful but is not strictly required.
4. The Seller responds to a Protected Customer’s complaint within 14 days of receipt, on paper or another durable medium, in particular by email.
5. In the first instance, a Protected Customer may request repair or replacement. The Seller may use the alternative remedy if the remedy selected is impossible or would entail disproportionate costs.
6. Repair or replacement is carried out within a reasonable time and without significant inconvenience. If the Product needs to be examined at the workshop, the Seller will provide shipping instructions or arrange collection.
7. Where a complaint is justified, the Seller bears the costs of repair or replacement, including transport, labour and materials.
8. A Protected Customer may request a price reduction or withdraw from the contract in the cases provided for by law, in particular where the Seller has refused to bring the Product into conformity, has failed to do so correctly or within a reasonable time, the lack of conformity persists or is serious. Withdrawal is not available where the lack of conformity is minor.
9. For a Product designed in ENIGMA FORGE, the approved Production Model is the basis for assessment. A difference between the conceptual visualisation and the finished item does not in itself constitute a lack of conformity where the Product conforms to the Production Model and the agreed specifications.
10. Complaints concerning the Design Studio and Generation Packs are submitted in the same manner. An identified technical Generation error is remedied by restoring the Generation, repairing the service or otherwise bringing the digital service into conformity with the contract, depending on the nature of the problem.
11. Statutory rights are independent of Enigma’s voluntary warranty described in § 10.

§ 10Enigma quality warranty and servicing

1. Enigma’s warranty is voluntary and does not exclude, restrict or suspend a Protected Customer’s statutory rights relating to a lack of conformity of the Product with the contract.
2. The guarantor is the Seller specified in § 1, paragraph 1. The warranty covers Products sold by the Seller and applies in the countries to which the Seller delivered the Product.
3. The Seller provides a 24-month warranty on the workmanship and construction of the jewellery, starting on the date of delivery or collection in person. It covers workmanship defects attributable to the Seller, including defects in construction, soldering, assembly and stone setting carried out by the Seller.
4. The Seller provides a 24-month warranty on a Vermeil / premium gold-plated finish where the Product is expressly marked as having such a finish.
5. The Seller provides a 6-month durability warranty on standard full gold plating, unless the Product page specifies a longer period.
6. Selective decorative coatings, partial gold plating and other localised surface layers are not covered by a durability warranty for natural wear, provided that their decorative nature was stated on the Product page.
7. The warranty does not cover:
   1. normal wear and tear and natural ageing of materials;
   2. mechanical damage, including impact, dropping, crushing, breakage, snagging or deformation;
   3. the effects of chemicals, cosmetics, detergents, chlorine, perfume and other substances affecting the metal, stones, enamel or coatings;
   4. alterations, repairs, polishing or cleaning carried out by anyone other than the Seller;
   5. loss of the Product or any part of it;
   6. use contrary to the intended purpose or care instructions.
8. Warranty claims must be sent to sklep@enigmaonline.pl, describing the problem and, where possible, including photographs. The Seller may ask for the Product to be delivered for assessment. The shipping method must be agreed with the Seller in advance; the Seller bears the necessary cost of delivering the Product as part of a warranty claim.
9. Warranty obligations will be fulfilled within the period communicated to the Customer or, where no other period has been agreed, without delay and no later than within 14 days of the Product being delivered to the Seller.
10. After the warranty expires, the Seller may offer paid or free servicing following an individual assessment of the Product and the cause of the problem.

§ 11Personal data, cookies and out-of-court dispute resolution

1. The Seller is the controller of Customers’ personal data. Data is processed in particular to manage Accounts, fulfil orders, handle payments, delivery, returns, exchanges, resizing, complaints, warranties and contact, and comply with legal obligations.
2. Detailed information on the grounds, purposes and periods of data processing, data recipients, individuals’ rights and cookies is provided in the Privacy Policy.
3. The rules for processing reference materials, visualisations and technical data related to ENIGMA FORGE are also described in the Privacy Policy.
4. A Consumer may use out-of-court dispute resolution methods, in particular assistance from a consumer ombudsman, the Trade Inspection Authority, a permanent arbitration court or the relevant alternative dispute resolution (ADR) entity. Information and an entity search tool are available on the UOKiK — Out-of-court consumer dispute resolution website.
5. The Seller does not undertake in advance to participate in proceedings before any specific ADR entity, unless such an obligation arises from mandatory law or is agreed in the particular case.

§ 12Business customers and final provisions

1. Provisions concerning Consumers apply to Entrepreneurs with consumer rights to the extent provided for by law and to the extent expressly granted in these Terms and Conditions.
2. The statutory right of withdrawal, provisions on a lack of conformity of goods with the contract, and the voluntary precious metal value refund policy do not apply to a business customer who is not an Entrepreneur with consumer rights, unless the Seller grants that customer such a right individually.
3. In relations with business customers who are not Entrepreneurs with consumer rights, the Seller’s liability under the statutory warranty for defects (rękojmia) and for loss of profits is excluded to the fullest extent permitted by law.
4. Contracts entered into through the Store are concluded in Polish. Polish law applies, subject to mandatory provisions protecting the Protected Customer.
5. No provision of these Terms and Conditions excludes or restricts a Protected Customer’s rights arising from mandatory law.
6. The Seller may amend these Terms and Conditions for a valid reason, in particular following changes in the law, the functionality of the Store or ENIGMA FORGE, payment or delivery methods, the Seller’s details, the range offered, or a need to clarify procedures. A new version does not affect orders placed previously.
7. The current version of these Terms and Conditions is available free of charge in the Store in a form that allows it to be saved and reproduced. The previous version applicable to a particular order is made available to the Customer on request.
8. Matters not covered by these Terms and Conditions are governed by generally applicable provisions of Polish law, in particular the Civil Code, the Consumer Rights Act, the Act on the Provision of Electronic Services and personal data protection legislation.

AnnexModel withdrawal form

Complete and return this form only if you wish to withdraw from the contract. Use of this model form is not mandatory.