Sales and Refund Policies (Policies) for StarNotation Inc.
(StarNotation)
1
Business Relationship and Agreement
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.�
2
The Business of StarNotation Inc.
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.
3
Offered Products
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.
4
Prices
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.
5
Store Credit
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.�
6
Sales Tax
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.
7
Payment Methods
Credit Cards
StarNotation does not accept credit card payments.
Wire Transfer
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, info@lgt.com,
BIC BLFLLI2X, �R 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.
US Customers paying by US cheque:
StarNotation does accept US cheques, but you cannot send
them to StarNotation in Liechtenstein directly. Instead please send your check
to the below address.
Pay to the order of: ����� StarNotation
Inc.
Send your cheque to: �� StarNotation
Inc., PO Box xxx, Los Altos, CA 94024, USA
You must include a copy of the confirmation of order and
write your email address that you use with the t-rox or StarNotation website on
the cheque.
German:
Einzahlungsschein f�r Schweizer und Liechtensteiner Kunden
StarNotation� sendet Liechtensteiner und Schweizer Kunden
einen Einzahlungsschein zu. Wenn sie auf diese Art bezahlen m�chten, dann
m�ssen 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 Time
Processing times vary among banking institutions. Please
allow at least 5 days for the processing of you wire transfer.
8
Billing and Proof of Purchase
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.
9
Order Processing
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.
10
Shipping Methods
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.
11
Dead on Arrival (DOA)
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
12
Returns and Refunds
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.
13
Downloading Software
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.
- Products
that require authorization are delivered in 2 parts: the program code with
a trial license that is typically good for operating the software for 30
days, and a license file that will be sent to you once StarNotation has
received your payment in full.
- Products
like music files, videos and program example files are considered
consumables and only become available for download on the product download
page when StarNotation has received your payment in full.
14
User License Agreement
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.�
15
Usage StarNotation�s 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.
16
Forbidden Use of Products
StarNotation software is intended for personal issue, especially
not for professional use. You must not use the software in the following
situations:
- Use
to systematically analyze the software code or any part of it.
- Professional
use to create products for sale.
- Any
form of copying the software, documentation and manuals without written
permission of StarNotation.
- Especially
you are not allowed to use t-rox music software to create sheet music of
copyright protected music other than for personal use.
- Installing
and operating StarNotation software on servers without written permission
of StarNotation.
17 Warranty
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:
- Faults,
that are proved to have been caused by false installation by yourself or
by a third party appointed by you, handling errors, attempts to modify the
product by yourself or an unauthorized third party, as well as external
effects or exposures to the products,
- The
appropriateness of the products for a particular purpose;
- The
compatibility and well-functioning with other products, other than what
has been clearly stated;
- Services,
that have fulfilled their guidelines accordingly
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.
18
Liability
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.
19
Intellectual Property Rights
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.
20
Export
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.
21
Force Majeure
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.
22
Secrecy
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.
23
Termination / Cancellation
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).
24
Your obligations as a customer
The following issues lie in your own field of
responsibility:
- Choice
of the product and appropriateness for a particular purpose;
- Your
communication expenses with StarNotation
- Specific
assignments and instructions
- Specific
integration products, their features, licenses as well as their required
authorization
- Integration
products that feature in your order, not however for the use of setting up
a configuration;
- Nondisclosure
of all information that is recorded and saved on the product.
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.
25
Data Protection
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.
26
Other Terms
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.
27
Validation of this Agreement
These terms and conditions are valid as soon as posted on
the website of StarNotation (www.starnotation.com
and www.t-rox.com).
28
Governing Law and Jurisdiction
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.
29
Contact Information
If you want to contact StarNotation please write to:
StarNotation
AG
Wingertgasse
30
9490 Vaduz
Liechtenstein
Europe
Tel.: +423
� 230 40 40
Fax: +423 �
230 40 42
Or send an email to: info@starNotation.com