Imprint + Data Protect1On
Webdesign by Patrick Alavi.
3501 Jack Northrop Ave
Hawthorne, CA 90250
admin (at) patrickalavi (dot) de
All conclusions of contracts, deliveries and other services rendered by ’Patrick Alavi’ are solely based on the following General Terms and Conditions and in the version that was in effect at the time when the respective service was rendered. Different provisions shall only apply if confirmed by ’Patrick Alavi’ in writing.
Conclusion Of Contract
Any offers made on the internet sites of ’Patrick Alavi’ are legally non-binding invitations to the customer to order goods or to acquire musical recordings in a non-physical format (download). Ordering goods or downloading musical content is performed by filling out and returning the online form on ’Patrick Alavi’ website either via e-mail or via telefax, telephone or regular mail. By placing such order, the customer committs himself to conclude a legally binding contract of purchase and, furthermore, confirms he is of full age and of full legal capacity. ’Patrick Alavi’ is not obliged to accept the order made by the customer. Confirming the receipt of such an order does not constitute an acceptance of customer’s offer. The acceptance of an offer by ’Patrick Alavi’ is effected by sending a fulfilment confirmation, by transferring an internet link or by sending the goods ordered to the customer, respectively (whatever applicable). Said fulfilment confirmation (if any) shall be sent via e-mail.
All prices mentioned on our websites are inclusive statutory VAT and inclusive of costs for packaging and shipment.
Terms of Payment & Withdrawal Clause
Payments have to be made upfront per PayPal. In case of an inadequate account coverage, ’Patrick Alavi’ is entitled to retreat from the contract.
Terms & Conditions Of Delivery
The shipment shall be performed by delivery to the address as indicated by the customer. Any information about delivery dates are non-committal unless a fixed date for delivery has been agreed and confirmed in writing by ’Patrick Alavi’. Delivery can only be made as long as ’Patrick Alavi’s stock shall last. In case goods ordered by the customer are not available, payments already made towards or regarding such order shall be reimbursed immediately by ’Patrick Alavi’. Except for such reimbursement, customer shall have no further claims against ’Patrick Alavi’ unless the non-delivery is based on grossly negligent or intentional behaviour by ’Patrick Alavi’. In case of a delay or an impossibility in delivery where the reasons are within the responsibility of ’Patrick Alavi’, ’Patrick Alavi’ shall be held liable unless such reasons cannot be attributed to intent or gross negligence.
Customer is obliged to report transport damages immediately to the supplier and to ’Patrick Alavi’. In case of obvious damages of the packaging, customer has to refuse the receipt of the goods in order to preserve evidence.
Reservation of Property
Until the amount due shall be fully paid to ’Patrick Alavi’, the ordered goods shall remain the sole property of ’Patrick Alavi’. Reselling, renting, pledging, security transfer, processing, remodelling or other provisions are not permitted prior to the transfer of property without the expressive prior consent of ’Patrick Alavi’.
Claims of the customer against ’Patrick Alavi’ in case of defects shall be in compliance with the statutory legal provisions and terms (i.e. according to the German Civil Code, “BGB”) unless otherwise regulated in the following clauses. Currently, the statutory period of limitation is two years and starts with the receipt of the goods. Customer is not allowed to assign any rights for warranty of defects to third parties. Damages which are caused by improper or not contractual actions by the customer or during set up, installation, operation or storing of the goods shall not establish any claims against ’Patrick Alavi’. If customer purchases a used good his claims in case of defects shall expire within 1 (one) year after receipt of the good. In case the customer is an independent contractor and the ordered goods or services are intended for his business, the subsequent right for warranty of defects shall expire within 1 (one) year after receipt of the goods or services. Unless not agreed otherwise hereunder, any further claims of the customer, regardless of the cause in law, are excluded. This applies explicitly to additional damages caused by defects, loss of profit or other financial damages of the customer. The limitation of liability shall not apply if the reason for the damage is based on intention or gross negligence and in case of a personal / bodily injury. In case of gross negligence regarding a major contractual duty, the compensation shall be limited to the damage that would characteristically have incurred. Aforementioned restrictions to the contractual liability shall also apply regarding the personal liability of employees, agents and/or servants of ’Patrick Alavi’.
Grant of Rights for Audio- and Audiovisual Recordings via Download
’Patrick Alavi’ grants to customer the non-exclusive and non-transferable right to use the purchased audio and audio-visual content without any restrictions as to time, but for private purposes only. Customer is permitted to store and multiply the purchased audio and audio-visual content on the hard disk of his computer. Any other (especially commercial) usage of the purchased audio and audio-visual content is explicitly prohibited. This applies in particular to the modification, the commercial distribution or other ways of selling. Any multiplication is only permitted within the relevant legal provisions, especially under adherence of the related copyrights and the regulations of the German Copyright Law (UrhG).
Contractual Exclusion Of Set-Off
Customer is not entitled to set-off his own claims against any pecuniary claims of ’Patrick Alavi’ unless such claims are undisputed and legally ascertained by a judgement of a court in the applicable jurisdiction. Customer is not entitled to counter pecuniary claims of ’Patrick Alavi’ with rights of retention (e.g. from notices of defect) unless they result from the identical contractual relationship.
If a provision of these General Terms And Conditions, wholly or partly, becomes invalid, the remaining provisions remain unaffected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the initial economical purpose of the invalid provision. In case the customer is a merchant under applicable German trade law, a legal person under public law or a special fund under public law, Berlin shall be the exclusive jurisdiction over any controversies arising directly or indirectly from the relevant contractual relationship. The same applies in case a customer does not have a place of general jurisdiction in Germany, transfers his domicile or usual place of residence abroad after conclusion of the contract or in case his domicile or usual place of residence unknown when a lawsuit is being filed.
The conclusion and execution of all contracts shall be construed under the laws of Germany. The Uniform Law on the International Sale of Goods (CISG) and the Conflict Rules of the International Privacy Law are excluded.
Consequences of withdrawal
In case of an effective withdrawal the mutually received services and possibly gained advantages (e.g. interest) have to be returned. If the customer can return the received services and/or goods only in all or partly diminished condition, customer will have to indemnify ’Patrick Alavi’. This does not apply for delivered goods if such diminished condition is solely based on their inspection in a way in which the customer would also have been entitled to inspect the goods in a regular shop. To avoid indemnification, customer must not use the delivered good(s) like an owner would but customer must omit anything that could diminish their value. The provision regarding the possible indemnification is also not applicable in case that the instructions about a possible liability of indemnification and the ways of avoiding it have not been provided additionally in writing (e.g. letter, telefax or e-mail) at the time of the conclusion of the contract. In order to obtain a refund, Customer has to comply with the aforementioned provisions within 30 days after sending the declaration of withdrawal. Until any goods have been returned completely, ’Patrick Alavi’ shall make use of its right of retention.
Terms & Service
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Permission is granted to temporarily download one copy of the materials (information or software) on patrickalavi.de’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Patrick Alavi’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by patrickalavi.de at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on this web site are provided “as is”. This website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, patrickalavi.de does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall this website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this website´s Internet site, even if this website or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on this web site could include technical, typographical, or photographic errors. patrickalavi.de does not warrant that any of the materials on its web site are accurate, complete, or current. patrickalavi.de may make changes to the materials contained on its web site at any time without notice. patrickalavi.de does not, however, make any commitment to update the materials.
patrickalavi.de has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by patrickalavi.de of the site. Use of any such linked web site is at the user’s own risk.
Any claim relating to this web site shall be governed by the laws of the State of Germany without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that websites own terms and policies.
Personal data (usually referred to just as “data” below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.
Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the “GDPR”), “processing” refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.
I. Information about us as controllers of your data II. The rights of users and data subjects III. Information about the data processing
I. Information about us as controllers of your data
The party responsible for this website (the “controller”) for purposes of data protection law is:
3501 Jack Northrop Ave
Hawthorne, CA 90250
admin (at) patrickalavi (dot) de
II. The rights of users and data subjects
With regard to the data processing to be described in more detail below, users and data subjects have the right
* to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
* to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
* to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
* to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/ controllers (cf. also Art. 20 GDPR);
* to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).
In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients. Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controllers future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.
III. Information about the data processing
Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.
For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.
The data thus collected will be temporarily stored, but not in association with any other of your data.
The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.
The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.
a) Session cookies
b) Third-party cookies
c) Disabling cookies
The data you submit when ordering goods and/or services from us will have to be processed in order to fulfill your order. Please note that orders cannot be processed without providing this data. The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR. After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law. In order to process your order, we will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment.
The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.
Credit checks and scores
If you accept any offer we make for you to pay for goods or services on account, we reserve the right to run a credit check with a credit bureau (such as Creditreform, Schufa, Bürgel, or infoscore) to obtain credit information determined on the basis of mathematical- statistical methods. For this purpose, any data you provide that is relevant to the contract, such as your name and address, will be forwarded to the credit bureau. We then use the information obtained about the statistical probability of default to decide whether we will offer you payment on account. The legal basis for such processing is our legitimate interest to avoid default on our account per Art. 6 Para.1 lit. f) GDPR.
If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all. The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR. Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.
Our website uses Google Fonts to display external fonts. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google). Through certification according to the EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active Google guarantees that it will follow the EUs data protection regulations when processing data in the United States. To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our site.
When you access our site, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display.
Google offers detailed information at
https://adssettings.google.com/authenticated https://policies.google.com/privacyin particular on options for preventing the use of data.
Data Protection Policy
1. Data protection principles
Patrick Alavi is committed to processing data in accordance with its responsibilities under the GDPR. Article 5 of the GDPR (General Data Protection Regulation) requires that personal data shall be:
a. processed lawfully, fairly and in a transparent manner in relation to individuals;
b. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
2. General provisions
a. This policy applies to all personal data processed by Patrick Alavi.
b. The Responsible Person shall take responsibility for Patrick Alavi `s ongoing compliance with this policy.
c. This policy shall be reviewed at least annually.
d. Patrick Alavi shall register with the Information Commissioner’s Office as an organisation that processes personal data.
3. Lawful, fair and transparent processing
a. To ensure its processing of data is lawful, fair and transparent, Patrick Alavi shall maintain a Register of Systems.
b. The Register of Systems shall be reviewed at least annually.
c. Individuals have the right to access their personal data and any such requests made to Patrick Alavi shall be dealt with in a timely manner.
4. Lawful purposes
a. All data processed by Patrick Alavi must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
b. Patrick Alavi shall note the appropriate lawful basis in the Register of Systems.
c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in Patrick Alavi’s systems.
5. Data minimisation
a. Patrick Alavi shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
a. Patrick Alavi shall take reasonable steps to ensure personal data is accurate.
b. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
7. Archiving / removal
a. To ensure that personal data is kept for no longer than necessary, Patrick Alavi shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
b. The archiving policy shall consider what data should/must be retained, for how long, and why.
a. Patrick Alavi shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
c. When personal data is deleted this should be done safely such that the data is irrecoverable.
d. Appropriate back-up and disaster recovery solutions shall be in place.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, Patrick Alavi shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).
END OF POLICY