These general terms and conditions constitute a contractual agreement between you, customer of the StarNotation Inc. (customer) and StarNotation. You become customer when you download or purchase and paid in full products from StarNotation, including all related information provided for this purpose in brochures, price lists, advertising or other means, in all their forms, be it oral, written, posted on web sites or other. By placing an order you automatically accept the terms of this agreement.
For selected groups of customers separate conditions and terms can be agreed upon.
Changes to this agreement must be requested in writing.
Different conditions to the ones quoted here will however not be recognized.
These conditions are not applicable if you do not purchase your products directly from StarNotation and they do not act as a contractual basis for business that involves a resale or intermediary trade.
This agreement ends on the day when StarNotation can no longer service the products. This will be displayed in on a web site (www.starnotation.com or www.t-rox.com), where you can also read these policies.
StarNotation offers products on the company’s websites www.starnotation.com and www.t-rox.com. Products can be purchased and then downloaded. StarNotation ships products that require shipment by mail or transportation companies (like DHL, UPS, etc.).
Software products require a license that needs to be activated via the Internet. This is also required for orders being placed via the web shop or by phone, fax, email or letter.
StarNotation offers all products in writing. If no detail about the validity of the offer is included, a product offer is valid for 30 days. Orders placed with StarNotation become valid as soon as you receive a written Confirmation of Order. Please carefully check the contents of the confirmation of order and immediately inform StarNotation in writing of any issues related to you order, since the confirmation of order is the basis of the business contract.
StarNotation reserves the right to change products and product offerings at any time without notice.
The price of products, delivery and taxes is displayed on your confirmation of order.
StarNotation reserves the right to accordingly change and adjust prices in case of exchange rates, customs, taxes, freight, insurance cost as well as production costs.
Every purchase with StarNotation requires a minimum total amount. If you purchase products for less than this minimum amount a store credit will be added to your total such that the total is at least the minimum amount. This store credit will be credited to you for future purchases with StarNotation. Store credit is not refundable.
StarNotation Store purchases will include sales tax. Sales taxes are either already included on the base price or spelled out separately on your confirmation of order.
Sales Tax may vary depending on the shipping country of products. If you phone in your order, the StarNotation Store sales representative will provide an estimated amount for your order.
StarNotation does currently not accept credit card payments.
You can pay by wire transfer. This can be done using your online banking setup or from at counter of your bank. Please wire the total amount to:
Account Holder: StarNotation AG
For invoices in Swiss Francs:
Account Number: 0199433AB
IBAN Number: LI37088100000199433AB
For invoices in Euro:
Account Number: 0199433AD
IBAN Number: LI37088100000199433AD
For invoices in US Dollars:
Account Number: 0199433AC
IBAN Number: LI37088100000199433AC
Bank: LGT Bank in Liechtenstein AG, Herrengasse 12, 9490 Vaduz, Liechtenstein, Europe, tel.: +423 – 235 11 22, fax: +423 – 235 15 22, firstname.lastname@example.org, BIC BLFLLI2X, ÖR 11 22 356
In the comment field please enter your email address and the invoice number. The invoice number you can find on the confirmation of order that you received by email.
German: Einzahlungsschein für Schweizer und Liechtensteiner Kunden
StarNotation sendet Liechtensteiner und Schweizer Kunden einen Einzahlungsschein zu. Wenn sie auf diese Art bezahlen möchten, dann müssen sie noch den Gesamtbetrag eintragen und den Betrag bei ihrer Post mit dem Einzahlungschein einbezahlen.
Payment slips (Einzahlungsschein) for Swiss and Liechtenstein Customers
If you are a customer from Switzerland or Liechtenstein StarNotation will send a payment slip to you for every purchase. If you want to pay this way you can add the total amount on the payment slip and pay at your local post office.
Processing times vary among banking institutions. Please allow at least 5 days for the processing of you wire transfer.
For every purchase in the StarNotation shop you will be sent a confirmation of order, typically by email to the email address you entered when you logged in to the StarNotation web site.
The confirmation of order contains an invoice number that you need to reference whenever you have questions about your invoice.
Typically order will be processed the day they are received. Orders received after 3pm central European Time get processed the next working day. Orders placed on weekends or holidays get processed the next working day.
The StarNotation store offers different shipping options that depend on the availability of the shipping options and the shipping country or region. All available shipping options get displayed in the shopping cart view of the web shop. If you place your order directly to a StarNotation sales representative, the representative will tell you about the available shipping options.
Delivery times or times of performances are only estimates. StarNotation has the right to deliver in stages. The place of delivery is stated on the confirmation of order. In the event of delay of collection, all involved costs, particularly storage, will be charged to you.
StarNotation will only accept a formal notice of default in writing that must be sent two weeks after the end of the noncommittal delivery date. A withdrawal from the contract at an earlier stage will be accepted. The risk of a product going missing or its damage or proof of incomplete delivery are to be documented on the delivery receipt.
You are obliged to check the delivered products in their entirety immediately upon receipt and to notify any damage, defects or complaints immediately, no later than 7 days following their delivery. Otherwise the delivered products will be viewed as accepted. Should StarNotation accept to take back the products for reasons of fairness and goodwill, they must be returned in their original packaging together with a proof of return and a purchase order. You will be responsible for return delivery costs
If you are not satisfied with a StarNotation purchase, please call +423 – 230 40 40 for a Return Material Authorization (RMA) request within 10 business days of the receipt of the product. If the item is returned unopened in the original box, we will exchange it or offer you a refund based on your original method of payment. The product must be returned to StarNotation within 14 calendar days of the issuance of the RMA. All products must be packed in the original, unmarked packaging including accessories, manuals, documentation and registration that shipped with the product. A 10% open box fee will be assessed on any open box.
NOTE: StarNotation recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to StarNotation or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking and (2) insure or declare the full value of the product, you will be responsible for any damage or loss of the product during shipping.
Using a valid StarNotation store account you can select downloadable software for purchase at the StarNotation Online Store. Once you have placed your order you can access a web page on the store where you can download the ordered products.
Using StarNotation software products requires a user license. User licenses for StarNotation software products are exclusively available from StarNotation. When you install a StarNotation software product you will be asked to fully accept the terms of the End User License Agreement (EULA) before you can install the software.
Each user license is valid for a single installation on a computer that is owned by you and used by you. Programs without user license are not or only partially functioning.
When you want to transfer a license from one computer system to a new one you need to contact StarNotation. StarNotation will provide you a new license at no expense. You then need to delete the license on the old computer system.
Please carefully read the end user license agreement before installing StarNotation software products.
StarNotation offers tested software to the customer. Still StarNotation cannot take responsibility for possible transportation damage or downloading errors nor any failures due to mechanical issues.
Also StarNotation is not liable for damage caused by improper use of the software or power or computer failures.
StarNotation expects an usage of the software products the way they were intended, as described in the manual.
StarNotation software is intended for personal issue, especially not for professional use. You must not use the software in the following situations:
We guarantee that our products and services at the time of delivery conform to the contractual specifications (if available) and the customary standards of our trade and are processed with care. Any further guarantee will be ruled out.
You have the right only to rectify defects or to demand a replacement delivery, depending on what is available to us. In this case we have the right to choose to inspect the products/services in your premises or ours. In the event that rectification or replacement deliveries fail, you have the right to claim the effective minimal value of the goods (reduction of value), but not to demand the withdrawal of the purchase, except if the effective minimal value is the same as the original price.
In the case of rectification/replacement StarNotation acquires ownership of the rectified/replaced components/equipment.
StarNotation does not take on the guarantee for defaults that have not been caused by the company, and most particularly not for:
Within the framework of the product manufacturing, StarNotation uses replacement parts or components that are new or reconditioned according to normal industry standards. StarNotation reserves the right to utilize new or revised replacement parts/components for the repair of its products.
StarNotation is liable for intentional or wantonly negligent actions or dealings. Our liability does not include cover of collateral and instantaneous damages (e.g. loss of profit) in the permissible frame of the law. The following Art. 19 excepted.
Claims according to the product liability law, or for fraudulent unrevealed faults, or for damages to health, life and limb remain untouched by the aforesaid liability limitations.
All Intellectual Property Rights that are embodied in the products or services are uniquely the property of StarNotation. StarNotation will exempt you from claims of Third party IPR infringement, if you have a contract that states this when using one of our products and you have promptly informed us about it in writing and have allowed us all the necessary legal measures of defense (this includes for instance the conduct of a case including the reaching of an agreement). In this way you will be supporting StarNotation to a certain extent. StarNotation will either modify violating products or exchange them for non-violating products or reimburse you with an adequate compensation fee. The preceding exemption does not include the following cases: (i) third Party products and software, (ii) modifications that haven’t been permitted by StarNotation, (iii) claims that are based on the use of products or services that have not been delivered by us.
You exempt StarNotation and/or its production plants from claims that third parties may lodge against StarNotation and/or its production plants, in that StarNotation has included integration products or IPR into its products according to your instructions.
The delivered products may include technologies and software that are subject to export control regulations in Liechtenstein or in the United States of America or countries in which the products are delivered or used. You agree to adhere to these terms and conditions.
According to the previously listed export conditions, the products may not be delivered or licensed without the permission of the US or Liechtenstein governments to defined users or defined countries or users that are involved in weapons of mass destruction. You declare yourself aware that the export control regulations of different products have different restriction/constraints that can be changed regularly and you declare your will to consult the relevant regulations before exporting or re-exporting the products.
StarNotation will not be held responsible for the lack of fulfillment of contractual duties or for damages caused by obstacles outside of our sphere of influence or jurisdiction (here we refer especially to strikes, terrorist activities, warring disputes, non delivery of subcontractor components, production or transport hindrances, exchange rate fluctuations, mandatory measures) and agreed delivery times are seen as extended. Should the reason fort he hindrances last longer than 2 months; each party has the right to cancel the contract without complying with the official period of cancellation. Further claims are precluded.
Within the period of the business relationship, the contract partners swear to the secrecy of the information, which the other party has told them is secret or which has been clearly labeled as confidential.
We have the right to end the contractual relationship, in the event that your payment of the agreed goods has been delayed for a period of two weeks or if you have breached the export terms. Each party has the right to cancel the contract in the following cases: breach of an important point in the contract by the other party, or a serious breach in contractual obligation, which hasn’t been corrected within a period of 30 days after the receipt of a summons from the affected party, opening of bankruptcy proceedings of the other party).
The following issues lie in your own field of responsibility:
Furthermore, and above all, you declare yourself willing to declare all information about our performance, to allow us access to the products as well as to bring forward necessary proofs of cooperation dealings. Before the guarantee or service jobs are carried out, you are responsible for the removal of all inbuilt products that are not from StarNotation as well as for the creation of backup copies of files and programs.
Your details and data are subject to the conditions of the electronic data processing Business Terms and Conditions. StarNotation will act according to the regulations of the federal law regarding Data protection when using person-related data.
Should individual terms in these business conditions be totally or partly ineffective, this does not by the way affect the validity of the contract. StarNotation has the right to honor its obligation through subcontractors or to assign third parties. Contract relevant declarations, such as e.g. contract withdrawals or cancellations, must be done in writing and must be sent by registered mail.
StarNotation is not responsible for typographical errors.
StarNotation reserves the right to change the terms and conditions of sale at the StarNotation store at any time.
No StarNotation employee or agent has the authority to vary any of the StarNotation store’s policies or the terms and conditions governing any sale.
Liechtenstein law applies. Liechtenstein law is similar to European Law.
The United Nations Convention on the International Sales of Goods dated 11 April 1980 (CISG) does not apply.
All disputes arising from or in connection with this contract will only be settled before a competent court of law in Vaduz, Liechtenstein.
This English version is a translation of the original German version. For all legal matters the German version of this document is legal reference.
If you want to contact StarNotation please write to:
Tel.: +423 – 230 40 40
Fax: +423 – 230 40 42
Or send an email to: info@starNotation.com