Terms & Conditions for janwestphal.site and Digital Product Sales

 

Effective from: 22 August 2026

 

§ 1. General Information

1. These Terms & Conditions govern the use of janwestphal.site, including the content available on the Website, User Accounts, commenting features and the purchase of Digital Products.

2. The Website is operated by Jan Westphal, an individual carrying on a small-scale non-registered activity permitted under Polish law, based in Gdańsk, Poland, hereinafter referred to as the “Seller”.

3. The Seller can be contacted by email at: aml@janwestphal.site​

4. These Terms & Conditions are made available to Users free of charge in a format that allows them to save and reproduce the document.​

5. By using services that require acceptance of these Terms & Conditions, the User agrees to comply with their provisions.

 

§ 2. Definitions

For the purposes of these Terms & Conditions:

1. Website – the website available at janwestphal.site.

2. User – any person using the Website.

3. Buyer – any individual, legal entity or other organisation purchasing a Digital Product through the Website.

4. Consumer – an individual entering into a contract with the Seller for purposes that are not directly related to that individual's trade, business or professional activity.

5. Business Customer with Consumer Rights – an individual entering into a contract directly related to their business activity who, under applicable Polish law, is entitled to certain consumer protections because the contract is not of a professional nature for that individual.

6. User Account – an optional account created on the Website that enables access to additional features.

7. Digital Product – digital content offered for sale through the Website, including in particular an e-book, document, spreadsheet, Excel-based tool or other digital file.

 

§ 3. Using the Website

1. Access to publicly available content on the Website is free of charge.

2. The Website provides, in particular, the following online services:

   • access to content published on the Website;

   • the ability to place orders;

   • creation and maintenance of a User Account;

   • the ability to post comments;

   • access to purchased Digital Products and their updates, where available.

3. To use the Website, you need a device with Internet access and an up-to-date web browser. An active email address is also required when placing an order or creating a User Account.

4. Certain Digital Products may require appropriate software, for example software capable of opening PDF files or the spreadsheet format specified in the relevant product description. Any specific technical requirements will be stated in the description of the relevant Digital Product.

5. Use of the Internet involves common security risks, including malware, phishing and attempts to gain unauthorised access to accounts. Users should keep their software up to date and take appropriate measures to protect their login credentials.

6. Users must not use the Website in a manner that is unlawful, contrary to these Terms & Conditions, infringes the rights of others or may interfere with the operation or security of the Website.

 

§ 4. User Account

1. Creating a User Account is voluntary and is not required to make a purchase.

2. A User Account allows Users, in particular, to:

   • access their order history;

   • use features available to registered Users;

   • post comments;

   • access future updates to purchased Digital Products, where such updates are made available for the relevant product.

3. Users are responsible for keeping their Account login details confidential and should not disclose them to unauthorised persons.

4. A User may close and delete their Account at any time using the functionality available on the Website.

5. Deleting an Account may result in the loss of access to features that require an Account, including access to future product updates made available through the Account. It does not affect any rights acquired by the Buyer under contracts entered into before the Account was deleted.

6. The Seller may suspend or terminate the User Account service in the event of a material breach of these Terms & Conditions, applicable law or Website security requirements. Where the nature of the breach allows it, the User will first be given an opportunity to remedy the breach.

 

§ 5. Comments and User-Generated Content

1. Registered Users may post comments on selected content available on the Website.

2. Users must not publish content that:

   • is unlawful;

   • infringes copyright, personal rights or other rights of third parties;

   • contains personal data of other individuals without an appropriate legal basis;

   • constitutes spam or unsolicited advertising;

   • contains malware or links intended to compromise security;

   • otherwise seriously breaches the rules governing use of the Website.

3. The Seller may remove or restrict access to content that breaches these Terms & Conditions or applicable law.

4. Users retain the rights to content they create. By posting a comment, the User grants the Seller a non-exclusive, royalty-free licence to store, technically process and publicly display that comment on the Website for as long as it remains published.

5. If a User wishes to raise a concern regarding the removal of a comment or another moderation decision, they may contact the Seller at aml@janwestphal.site.

 

§ 6. Intellectual Property Rights

1. Content available on the Website, including in particular articles, text, graphics, materials, the structure and arrangement of content and Digital Products, may be protected by copyright and other intellectual property rights.

2. Rights to such content belong to the Seller or to other rights holders from whom the appropriate rights or licences have been obtained.

3. Making content available on the Website or purchasing a Digital Product does not transfer copyright or other intellectual property rights to the User.

4. Users may use publicly available Website content for their own purposes and within the limits permitted by applicable copyright law, including applicable quotation rights and other statutory exceptions.

5. Without the Seller's prior permission, Users must not, in particular:

   • copy or distribute all or substantial parts of the content beyond what is permitted by law;

   • publish Digital Products or copies of them online;

   • resell, sublicense or otherwise make Digital Products available to third parties, whether for payment or free of charge;

   • remove authorship information, copyright notices or other rights-management information or safeguards;

   • use Website content or Digital Products to create an unauthorised copy, derivative product or substantially reproduced version of them.

6. Unless the product description or a separate licence states otherwise, purchasing a Digital Product grants the Buyer the right to use it for their own personal purposes or internal professional purposes.

7. Use of a Digital Product by other persons, its distribution or its inclusion in separate products or services requires the Seller's permission unless such use is expressly permitted by mandatory provisions of applicable law.

8. Infringement of intellectual property rights may result in liability under applicable law.

 

§ 7. Digital Products

1. The Website allows Users to purchase Digital Products, including e-books, tools and spreadsheets.

2. The description of each Digital Product sets out its main characteristics, format, price, method of delivery and, where relevant, technical requirements, compatibility and functionality.

3. Digital Products and content published on the Website are provided for informational or educational purposes unless the description of a particular Product expressly states otherwise.

4. Digital Products do not constitute individual legal, tax, investment or other professional advice and do not guarantee any particular result. Users should independently assess whether a Product is suitable for their particular needs. This provision does not limit any statutory Consumer rights relating to the conformity of a Digital Product with the contract.

 

§ 8. Orders and Payments

1. An order may be placed without creating a User Account.

2. To place an order, the Buyer:

   • selects the relevant Digital Product;

   • provides the information required to process the order;

   • selects one of the available payment methods;

   • reviews the required information and these Terms & Conditions;

   • completes the order using a button or equivalent function that clearly indicates that placing the order entails an obligation to pay.

3. A contract for the supply of the Digital Product is concluded when the order has been successfully placed.

4. The total price, including applicable taxes and any additional charges, is displayed to the Buyer before the order is placed.

5. Available payment methods are displayed during the checkout process. Electronic payments may be processed by third-party payment service providers.

6. After placing an order, the Buyer receives confirmation at the email address provided during checkout.

 

§ 9. Delivery and Updates

1. A Digital Product is supplied using the method indicated during the ordering process, including, where applicable, by download link, email or access through a User Account.

2. Where a Consumer wishes to receive a Digital Product before the end of the 14-day withdrawal period, delivery may begin only after the Consumer has given their prior express consent and acknowledged that, once delivery begins, they will lose their right to withdraw from the contract in accordance with § 10.

3. Where future updates are provided for a particular Digital Product, they may be made available through the User Account.

4. A reference to future updates does not constitute a commitment to develop the Digital Product indefinitely or to add new functionality unless otherwise expressly stated in the product description or a separate agreement.

5. This does not limit any obligation to provide updates required by applicable law in order to maintain the Digital Product's conformity with the contract.

 

§ 10. Right to Withdraw from the Contract

1. A Consumer, as well as a Business Customer with Consumer Rights where applicable, who enters into a distance contract generally has the right to withdraw from that contract without giving any reason within 14 days of the date on which the contract was concluded.

2. In the case of a Digital Product that is not supplied on a tangible medium, the right of withdrawal is lost once delivery of the Digital Product has begun, provided that all of the following conditions have been met:

   • delivery began with the Buyer's prior express consent before the end of the withdrawal period;

   • the Buyer was informed and acknowledged that beginning delivery would result in the loss of the right of withdrawal;

   • the Buyer received confirmation of the contract and the consent given on a durable medium.

3. If these conditions have not been met, the Buyer retains the right to withdraw from the contract in accordance with applicable consumer protection law.

4. A withdrawal statement may be sent to: aml@janwestphal.site

5. To meet the withdrawal deadline, it is sufficient for the Buyer to send the withdrawal statement before the applicable period expires.

6. Where a Consumer validly withdraws from the contract, the Seller will refund any amounts due without undue delay and no later than 14 days after receiving the withdrawal statement, in accordance with applicable law.

 

§ 11. Conformity of Digital Products and Complaints

1. The Seller is required to supply Consumers with Digital Products that conform to the contract.

2. A Digital Product should, in particular, correspond to the description, type, quantity, quality, functionality, compatibility and other characteristics agreed between the parties or reasonably expected by a Consumer under applicable law.

3. For a Digital Product supplied on a one-off basis or in individual instalments, the Seller is liable for any lack of conformity that existed at the time of supply and becomes apparent within two years from that time.

4. If a Digital Product does not conform to the contract, the Consumer may request that it be brought into conformity. The Seller will do so free of charge, within a reasonable period and without causing significant inconvenience to the Consumer.

5. In circumstances provided for by applicable consumer protection law, the Consumer may also be entitled to a proportionate price reduction or to withdraw from the contract.

6. Complaints may be submitted to: aml@janwestphal.site

7. Where possible, the complaint should include information allowing the order to be identified, a description of the issue and the preferred resolution. Failure to provide this information does not deprive a Consumer of any statutory rights.

8. The Seller will respond to a Consumer complaint within 14 days of receipt, on paper or another durable medium. Failure to respond within this period will have the consequences provided for under applicable law.

9. The rights set out in this section also apply, where required by Polish law, to Business Customers with Consumer Rights.

 

§ 12. Complaints Relating to the Website

1. Problems relating to the operation of User Accounts, comments or other free online services may be reported to: aml@janwestphal.site

2. Where possible, the report should describe the issue and provide sufficient information to identify it.

3. Complaints will be dealt with without undue delay and no later than within 14 days, unless a different period is required by applicable law.

 

§ 13. Alternative Dispute Resolution

1. Consumers may use alternative dispute resolution procedures in accordance with applicable law.

2. In Poland, Consumers may in particular seek assistance from a local consumer ombudsman, the Polish Trade Inspection or another authorised consumer alternative dispute resolution body.

3. Further information on consumer alternative dispute resolution in Poland is available from the Office of Competition and Consumer Protection (UOKiK) at: polubowne.uokik.gov.pl

 

§ 14. Personal Data

1. Information about the processing of personal data and the use of cookies is provided separately in the Privacy and Cookie Policy available on the Website.

2. These Terms & Conditions do not replace the Privacy and Cookie Policy.

 

§ 15. Changes to these Terms & Conditions

1. These Terms & Conditions may be amended for valid reasons, including changes in applicable law, changes to the functionality or operation of the Website, the introduction of new services, security requirements or changes to the technical solutions used to provide the services.

2. Changes to these Terms & Conditions do not affect the terms of contracts for Digital Products entered into before the changes take effect or any rights already acquired by Buyers, unless mandatory provisions of applicable law require the new rules to apply to existing contracts.

3. Where a change affects a User's rights or obligations under an ongoing service, in particular the User Account service, the User will be informed before the change takes effect by email sent to the address associated with their Account. The notification will describe the change and state the date on which it will take effect.

4. If the User does not accept a change affecting an ongoing service, they may discontinue that service and delete their Account before the change takes effect. This does not affect rights arising from purchases made before the Account was deleted.

5. Changes that are purely editorial, technical or administrative and do not affect Users' rights or obligations do not require individual notification. The current version of these Terms & Conditions will always be available on the Website together with its effective date.

 

§ 16. Final Provisions

1. These Terms & Conditions and contracts entered into through the Website are governed by Polish law.

2. In the case of Consumers, the choice of Polish law does not deprive them of any protection granted by mandatory provisions of the law of the country in which they habitually reside, where those provisions apply.

3. Any disputes will be determined by the courts having jurisdiction under applicable law.

4. If any provision of these Terms & Conditions is found to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions.

5. The current version of these Terms & Conditions is available on the Website.

 

Appendix 1 – Model Withdrawal Form

You may use this form if you are entitled to withdraw from the contract.

To: Jan Westphal
Email: aml@janwestphal.site

I hereby give notice that I withdraw from my contract for the supply of the following Digital Product:

Digital Product:

Date on which the contract was concluded:

Buyer's full name:

Email address used to place the order:

Date:

Signature – only if this form is submitted on paper.