Terms of sale
What is sold, at what price, how the key reaches you, and what the licence allows.
Subject and seller
These terms govern the sale of a usage licence for Debug XML Tool, an XSLT debugger for Windows, to anyone ordering on this site. The applicable version is the one online on the day of the order.
Site publisher
Thomas Peters, a natural person trading as a self-employed person in a secondary occupation. Rue Balatum 4 boîte 201, 1332 Genval, Belgium. Company number (CBE): 1039.596.312 - VAT number: BE 1039.596.312.
Price
The applicable price is the one shown on the Pricing page when the order is placed. It is a one-time purchase, in euros, and there is a single offer.
The VAT treatment is the one stated under the amount; the summary shown before payment states the total due.
Order and payment
An order has two steps: you state the licence holder and the fingerprint of the machine to be licensed, then you are redirected to our provider's payment page. The order becomes firm once the payment is captured.
Payment is handled by that provider. No card details pass through this site, and none are stored here.
The receipt and the invoice are issued by the payment provider and reach you at the address given during payment.
Delivery of the key
Every licence is signed by hand, offline, then sent by email to the address used at payment. There is no account to open and no portal to visit: what you receive is a block of text to paste into the application.
The key is sent by email no later than the first business day following receipt of payment. In practice it usually goes out within hours. A business day means Monday to Friday, excluding Belgian public holidays.
Usage licence
The licence is perpetual: the version you bought keeps working with no time limit, and with no server that has to be reachable.
It is granted for one workstation, and the key is bound to the fingerprint of the machine given with the order. Replacing that machine leads to a free reissue, and use of the replaced installation must stop.
Versions published during the twelve months following the purchase are included. After that, the software keeps working; only installing a newer version calls for a renewal. Those twelve months cover new versions, and nothing else: they place no limit whatsoever on the updates owed under the statutory warranty of conformity, which follow a different rule and are set out below.
As the licence is perpetual and paid for in a single payment, the buyer may transfer it to a third party: the first sale exhausts the distribution right in that copy within the European Union. The transfer requires the seller of the licence to stop all use of the software and to make their own copy unusable. The publisher then reissues the key in the name of the new holder and for their workstation, at the written request of both parties.
Renting, lending and redistributing the software or the key are not permitted, nor are attempts to circumvent the licence mechanism. Those prohibitions do not cover the transfer described above, which remains open.
Right of withdrawal
This right belongs to the consumer, that is, to any natural person buying for purposes outside their trade or profession. A buyer ordering on behalf of a company does not have it: the law reserves it to the consumer.
The consumer has fourteen days to withdraw from the contract, without giving any reason and without cost. As the sale covers digital content supplied without a tangible medium, the period runs from the day the contract is concluded.
This right is lost as soon as the sending of the key begins, and only if three conditions are met: you expressly requested that performance begin during the period, you acknowledged that you would thereby lose your right, and the seller confirmed that agreement to you on a durable medium before beginning. That is what the box ticked at the time of the order collects, and what the email sent on payment confirms. Until the key has left, performance has not begun and the right remains intact.
To exercise it, send the seller an unambiguous statement before the period expires: replying to the confirmation email is enough. The form below may be used, but no particular form is imposed on the consumer. The seller acknowledges receipt of the withdrawal without delay, and no key is sent after it.
The seller refunds all sums received within fourteen days from the day they are informed of the decision to withdraw. The refund uses the same means of payment as the order, and costs the consumer nothing.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.) - To the seller, whose name and geographical address appear under "Site publisher" in these terms, and whose email address is contact@open-studio.tech: - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*): - Ordered on (*)/received on (*): - Name of consumer(s): - Address of consumer(s): - Signature of consumer(s) (only if this form is notified on paper): - Date: (*) Delete as appropriate.
Statutory warranty of conformity
The statutory warranty of conformity applies by law, whatever this document says. The software is digital content supplied in a single act of supply: Title VIbis of Book III of the former Civil Code - articles 1701/1 to 1701/19, inserted by the Act of 20 March 2022 - governs that warranty for every contract concluded since 1 June 2022.
The seller is liable for any lack of conformity that existed at the time of supply and becomes apparent within the two years that follow. During the first year it is for the seller to prove that the software was in conformity; after that, the buyer bears the burden of proving the defect. The buyer's action is time-barred one year after the day the defect was found.
Two periods coexist, and they must not be confused. The twelve months sold with the licence cover new versions: that is a commercial undertaking. The updates owed under the warranty of conformity - corrective and security updates included - come from the law, which requires them for as long as the buyer may reasonably expect, given the type and purpose of the software. The seller writes no number of months here for those: it has no power to shorten them, and a shorter period than the one the law requires would have no effect.
Where the software lacks conformity, the buyer is first entitled to have it brought into conformity, free of charge and within a reasonable time. If that is impossible, disproportionate, late or unsuccessful, the buyer may ask for a proportionate reduction of the price or for termination of the contract - the latter being excluded where the defect is minor.
A claim is sent to the seller in writing, to the postal address given under "Site publisher", or by replying to the order confirmation email. It describes the defect found, the version of the software and the workstation concerned. The seller answers personally; no response time is promised here, the law imposing none and the seller not announcing an undertaking that no mechanism would keep. A buyer who obtains no satisfaction may refer the matter to the mediation service whose details appear below.
Governing law and disputes
These terms are governed by Belgian law. In case of a dispute, a written claim addressed to the seller comes before any other step; failing an agreement, the Belgian courts have jurisdiction. A consumer resident in another Member State of the European Union keeps the protection of the law of their country of residence.
The French version prevails
The English version of these terms is a courtesy translation. Only the French version has contractual force.
Consumer mediation
A consumer who is not satisfied after complaining to the seller may ask for the out-of-court settlement of the dispute. The seller commits to that remedy in its terms of sale, and Book XVI of the Belgian Code of Economic Law then requires the contact details to be stated.
Consumer Mediation Service, Boulevard du Roi Albert II 8 box 1, 1000 Brussels, Belgium. Email: contact@mediationconsommateur.be. Website: mediationconsommateur.be. This autonomous public service, set up by Book XVI of the Belgian Code of Economic Law, receives any out-of-court settlement request at no cost: it either handles the request or forwards it to the qualified body competent for the sector. No prior membership by the seller is required. Mediation stays optional and takes away no right to go to court.